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Crimes against the person

Crimes against the person . Crimes Act 1958 (Vic) . Murder. Under the Crimes Act 1958 (Vic) murder carries a maximum penalty of life imprisonment. To be found guilty the following principles need to be established. The killing was unlawful Malice aforethought (the murder was planned)

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Crimes against the person

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  1. Crimes against the person Crimes Act 1958 (Vic)

  2. Murder Under the Crimes Act 1958 (Vic) murder carries a maximum penalty of life imprisonment. To be found guilty the following principles need to be established. • The killing was unlawful • Malice aforethought (the murder was planned) • The victim was a human being • Sound mind at the time of the murder. • The accused was over the age of 10 yrs Case Syduey R v Clarke occurred in 1982 and went to trial in 2004. (pg45)

  3. Manslaughter • Under the Crimes Act 1958 (Vic) manslaughter is a serious, indictable offence – imprisonment 20yrs. • Voluntary Manslaughter -A person can be found guilty but their liability is reduced due to mitigating factors e.g self defence. • Involuntary Manslaughter – • No intention to kill but death occurred • The accused intentionally inflicted harm on the victim and, although there was no intention to kill, it was severe. • The death was caused through criminal negligence • The accused caused death while committing an unlawful, dangerous act. PG 46

  4. Defensive Homicide • New offence and applies when a person believes it is necessary to protect themselves or some one else, but the belief was ultimately unreasonable. • Maximum penalty in 20 yrs jail. • The person believed that they needed to defend themselves because they fear for their life, they may be killed or seriously injured • Pg 56 Example

  5. Culpable Driving • Indictable offence of causing death through driving a motor car. • Drive recklessly. • Drives negligently or under the influence of alcohol or drugs. • Maximum jail term of 20yrs Case study pg 48

  6. Dangerous Driving • When a person drives a motor vehicle at a speed that is dangerous to the public or drives in a manner that dangerous to the public. • Liable for a maximum jail term of 10. • If the person causes serious injury – jail term in 5yrs.

  7. Infanticide • Section 6 – Crimes Act 1958 (Vic), a woman may be found guilty of infanticide rather than murder if she causes death to her child and of: • Her mind is disturbed because she has not fully recovered from the effect of giving birth within the preceding 2 yrs. • She had developed a disorder as a consequence of giving birth within the preceding 2 yrs. • Maximum penalty is 5yrs. Read Case Study R v Folbigg PG 49

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