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In: English and Literature

Submitted By dadayau
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Always discuss coincidence (Thabo Meli, Royall) and BRD (prosecution, differs for offence and defence)
Chapter 5 – Homicide: Murder and Involuntary Manslaughter

5.1 Patterns of homicide 423
Study by A.Wallace. 1968-81 * -relationship of victim to offender. * -homicide is a crime that is socially, historically and culturally determined. * -homicide comprises a variety of offenders and victims in different social settings. * -Homicide in NSW is largely interpersonal in nature, rather than instrumental or ideological. * -Majority of interpersonal killings involved intimates. * -Homicide patterns reflect cultural norms. * -homicide is spontaneous rather than premeditated crime. * -Homicide offenders exhibit a wide range of moral culpability.
5.3 Murder S18 Crimes Act (1900) NSW
S 18. (1) (a) Murder shall be taken to have been committed where the act of the accused, or thing by him omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him, of a crime punishable by penal servitude for life or for 25 years.
(b) Every other punishable homicide shall be taken to be manslaughter.
S 18 (2)(a) No act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall be within this section.
(b) No punishment or forfeiture shall be incurred by any person who kills another by misfortune only.

MR
Intention to kill and intention to inflict GBH * Conscious purpose and decision; not desire. Put another way, one intends to do something if one foresees the certainty of the result occurring. * Subjective test * Where there is an intention to...

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