MURDER
Penalty for murder is life imprisonment or
for such other term as is fixed by the Court
Murder can be either charged as common law
or under S3A of the Crimes Act
To prove murder at common law it is necessary
for the prosecution to prove the following
1 That the victim was killed
2 That their death was caused by an act of
the accused (or of an accomplice)
3 That the act which caused death was a conscious
voluntary and deliberate act
4 That the accused did the act
(a) with the intention of killing CD or
(b) with the intention of inflicting grevious
bodily harm on CD or
(c) with the knowledge that it was probable
that dealth or grevious bodily harm would result
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5 That you were not acting in self-defence or
provoked (if that arises on the evidence)
To prove murder under S.3A of the Crimes Act it
is necessary for the prosecution to prove
1 That the victim was killed
2 That his death was caused unintentionally
3 That his death was caused by the accused
(or an accomplice)
by an act of violence
which was conscious,
voluntary and deliberate
done in the course or furtherance of
a crime
( the necessary elements of which include
violence and carries a maximum penalty of not
less than 10 years imprisonment)
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