Criminal Law and Procedure
LS160-Criminal Law and Procedure
BIBLIOGRAPHY
A Articles/Books/Reports
Hayes, Robert & Eburn, Michael, Criminal Law and Procedure in NSW Chesterman, Michael, Criminal Trial Juries in Australia
Crimes Act 1900, NSW
Criminal Procedure Act
Legislative Council Select Committee on the partial defence of provocation – Inquiry into the partial defence of provocation, July 2012
B Websites www.judcom.nsw.gov.au/publications www.hcourt.gov.au www.parliament.nsw.gov.au www.lawlink.nsw.gov.au www.une.com.au MEMORANDUM
TO: Hilary Undermanager
RE: Advice re liability for unlawful homicide of Montague Portwein
I INTRODUCTION
This case is about Hilary Undermanager, a motor mechanic, who caused the death of his colleague, Montague Portwein, with a wrench.
II MURDER OF MONTAGUE PORTWEIN
Murder is defined in s 18(1)(a) of the Crimes Act 1900 (NSW) in the following terms: “Murder shall be taken to have been committed where the act of the accused, or thing by him or her 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 or her, of a crime punishable by imprisonment for life or for 25 years.” Murder has been described as the most serious offence in the criminal calendar: R v Penisini [2003] NSWSC 892 at [82]; R v Dalley (2002) 132 A Crim R 169 at [95]. It carries a maximum penalty of life imprisonment: s 19A Crimes Act 1900.
A Charge
Murder, under Section 18(1)(a) of the Crimes Act 1900
Penalty: Imprisonment for life or 25 years
B Physical Elements/ Actus Reus
1 Voluntariness
The act that causes the death of the deceased must be willed or voluntary[1] and that is a fundamental principle. Although Hilary appeared to slip initially and that his hands may have been greasy as the
BIBLIOGRAPHY
A Articles/Books/Reports
Hayes, Robert & Eburn, Michael, Criminal Law and Procedure in NSW Chesterman, Michael, Criminal Trial Juries in Australia
Crimes Act 1900, NSW
Criminal Procedure Act
Legislative Council Select Committee on the partial defence of provocation – Inquiry into the partial defence of provocation, July 2012
B Websites www.judcom.nsw.gov.au/publications www.hcourt.gov.au www.parliament.nsw.gov.au www.lawlink.nsw.gov.au www.une.com.au MEMORANDUM
TO: Hilary Undermanager
RE: Advice re liability for unlawful homicide of Montague Portwein
I INTRODUCTION
This case is about Hilary Undermanager, a motor mechanic, who caused the death of his colleague, Montague Portwein, with a wrench.
II MURDER OF MONTAGUE PORTWEIN
Murder is defined in s 18(1)(a) of the Crimes Act 1900 (NSW) in the following terms: “Murder shall be taken to have been committed where the act of the accused, or thing by him or her 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 or her, of a crime punishable by imprisonment for life or for 25 years.” Murder has been described as the most serious offence in the criminal calendar: R v Penisini [2003] NSWSC 892 at [82]; R v Dalley (2002) 132 A Crim R 169 at [95]. It carries a maximum penalty of life imprisonment: s 19A Crimes Act 1900.
A Charge
Murder, under Section 18(1)(a) of the Crimes Act 1900
Penalty: Imprisonment for life or 25 years
B Physical Elements/ Actus Reus
1 Voluntariness
The act that causes the death of the deceased must be willed or voluntary[1] and that is a fundamental principle. Although Hilary appeared to slip initially and that his hands may have been greasy as the