CRIMINAL LAWS – LAWS1022 -Reading-Notes

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CRIMINAL LAWS – LAWS1022 Contents CRIMINAL LAWS – LAWS1022 WEEK 1B – MURDER 1 INTRODUCTION 2 Murder: Intent and Reckless Indifference RELEVANT LEGISLATION – CRIMES ACT 1900 (Section 18(1) and (2)) ELEMENTS OF MURDER (AR AND MR) (s18(1)(a)) CONSTRUCTIVE MURDER WEEK 2A – MANSLAUGHTER 3 MANSLAUGHTER VOLUNTARY MANSLAUGHTER INVOLUNTARY MANSLAUGHTER Involuntary Manslaughter by Unlawful and Dangerous Act Involuntary Manslaughter by Criminal Negligence (or Gross Negligence) WEEK 2B – HOMICIDE BY OMISSION AND CAUSATION 4 HOMOCIDE BY OMISSION: ACTUS REUS DUTY OF CARE Duty of Care Case Law Murder by Omission 5 ACTUS REUS: CAUSATION The Case of Murder THE TESTS FOR CAUSATION BREAKING THE CHAIN OF CAUSATION Breaking the Chain of Causation; Acts of the deceased - NOTES Contrasting Burns and Blaue Suicide and the chain of causation Relevance of Foreseeability Means of Escape Acts of 3rd party in Self Defence 6 MEDICAL TREATMENT – CAUSATION Continued… Breaking the Chain of Causation? (1 and 2 inadequate, 3 adequate) Liability of the Medical Profession; MS by Criminal Negligence Treating a patient against their wishes WEEK 3A – DEFENCES(1) – MENTAL ILLNESS 7 MENTAL ILLNESS THE M’NAGHTEN RULES WEEK 3B - DEFENCES (2) – AUTOMATISM & SUBSTANTIAL IMPAIRMENT 8 AUTOMATISM ( The Tests for Automatism 9 THE DEFENCE OF SUBSTANTIAL IMPAIRMENT THE STATUTORY BASIS 27 THE STATUTORY REQUIREMENT IN 23A HAS 4 REQUIREMENTS WEEK 4A - DEFENCES (3) – INTOXICATION & SELF-DEFENCE 10 INTOXICATION BASIC v SPECIFIC INTENT OFFENCES SELF INTOXICATION NSW - PART 11A – CRIMES ACT (s428A, s428B, 428C, 428D, 428G) NOTES REGARDING PART 11A INTOXICATION AND MURDER Availability of a Lesser Offence INTOXICATION WHICH IS NOT SELF-INDUCED 11 SELF DEFENCE The Current Law of Self-Defence: The Statutory Definition Defence of Property EXCESSIVE SELF DEFENCE – PARTIAL DEFENCE (s 421 Crimes Act) WEEK 4B - DEFENCES (4) – EXTREME PROVOCATION 12 EXTREME PROVOCATION THE PARTIAL DEFENCE OF EXTREME PROVOCATION (s 23 Crimes Act) ELEMENT 1 – THE PROVOKING CONDUCT s23(2)(a)- (b) ELEMENT 2 - THE SUBJECTIVE TEST: Time and the Loss of Self-control s23(2)(c) 36 ELEMENT 3 - The ORDINARY PERSON test (OBJECTIVE TEST) s23(2)(d) WEEK 5B - ASSAULT (1) – COMMON ASSAULT INTRODUCTION COMMON ASSAULT s 61 Crimes Act ACTUS REUS FOR COMMON ASSAULT (Edwards v Police (1998)) MENS REA FOR ASSAULT (recklessness suffices)( Edwards v Police (1998)) (IMPORTANT) Coincidence between Actus Reus and Mens Rea DEFENCES FOR ASSAULT ACCEPTABLE VIOLENCE – DEFENCE Corporal Punishment of Children WEEK 6A – ASSAULT (2) – AGGRAVATED FORMS OF ASSAULT; DOMESTIC VIOLENCE 13 AGGRAVATED ASSAULTS Assault with Further Specific Intent AGGRAVATED ASSAULTS CAUSING PARTICULAR INJURIES Category 1 - Actual Bodily Harm – s59 Crimes Act Category 2 – Wounding – s35 (3) and (4) Crimes Act Category 3 – Grievous Bodily Harm – s33, s35(1) and (2) and defined in s4 Crimes Act Assaults using Offensive Weapons WEEK 6B and WEEK 7A – ASSAULT (3) - (4) – SEXUAL ASSAULT & RELATED OFFENCES 14 THE CURRENT LEGISLATIVE FRAMEWORK FOR SEXUAL ASSAULT Pt 3 Div 10 SEXUAL ASSAULT – THE ELEMENTS (61I, H, HA) Aggravated Sexual Assault (61J – 61JA) INDECENT ASSAULTS AND ACTS OF INDECENCY INDECENT ASSAULT – s61L and Aggravated (s61M) AGGRAVATED INDECENT ASSAULT see s61M ACT OF INDECENCY – s61N WEEK 7B – Dishonest Acquisition - LARCENY 15 LARCENY WEEK 8A – AGGRAVATED FORMS OF LARCENY AND RELATED OFFENCES 16 Aggravated forms of Larceny Aggravated forms of Robbery AGGRAVATED TRESPASS OFFENCES Breaking/Entering (Crimes Act) RECEIVING STOLEN GOODS AND GOODS IN CUSTODY GOODS IN CUSTODY WEEK 8B – FRAUD 62 17 GENERAL FRAUD OFFENCES WEEK 10B – EXTENDING CRIMINAL LIABILITY(1): Complicity, JCE and ExJCE (COMPLICITY) 18 EXTENDING CRIMINAL LIABILITY COMPLICITY THE 4 REQUIREMENTS TO ESTABLISH JCE (Joint Criminal Enterprise) WITHDRAWAL FROM A JCE – DEFENCE AGAINST JCE EXTENDED JCE REQUIREMENTS 68 WEEK 11A – EXTENDING CRIMINAL LIABILITY (2): Complicity – ACCESSORIAL LIABILITY ACCESSORIAL LIABILITY (AL) WITHDRAWAL FROM BEING AL- DEFENCE Status of the “Offence Condition”? Assistance AFTER Commission of a Crime (Accessory After the Fact) WEEK 11B – EXTENDING CRIMINAL LIABILITY (3)– CONSPIRACY WEEK 12A – SENTENCING (1) – Justification, principles and purposes SENTENCING METHODOLOGIES AND PRINCIPLES PURPOSES OF SENTENCING – NSW legislation SENTENCING PRINCIPLES WEEK 12B – SENTENCING (2) – Limits on Discretion WEEK 13A – SENTENCING (3) – Practice