Scenario 1 A very bad accident

lukejackson0485 — 2024-05-01 22:00:57 UTC

Cindy is driving home from work when she gets a text message from her husband. She decides to reply to the text while continuing to drive home. Cindy accidently runs a red light and crashes into David, a cyclist. The ambulance is called but unfortunately David’s injuries are severe, he passes away later that day as a result of his injuries. Advise Cindy as to whether she is likely to be convicted of Murder.

ISSUE: Cindy could face a charge of murder under s 302 (a) of the QCC. In order to convict the prosecution must prove that

RULE:

1. There was a death of a person.

2. The accused caused the death.

A person causes the death of another if his conduct is a substantial or significant cause of death, or substantially contributed to the death. Royall v R (1991); R v Sherrington [2001] QCA 105.

3. The accused intends to cause the death of the person killed or some other person or to do some person grievous bodily harm.

Intent is defined as to mean or have in mind purpose or design R v Wilmot (No 2) (1985).

APPLICATION:

Rule 1 was applied as there was a death.

Rule 2 has been implemented.

Rule 3 is partially implemented as there is insufficient evidence to prove that she intended to cause the death of that.

CONCLUSION

Overall, there is insufficient evidence to convict Cindy of murder. She likely has committed manslaughter.

Scenario 2 Scorned Lover

lukejackson0485 — 2024-05-01 22:12:59 UTC

Tony has found out that Chris has been sleeping with his wife Sharon. He decides to get back at him once and for all. Tony knocks on Chris’s door. When Chris answers, Tony hits him in the head several times with a hammer and then runs off. Chris’s lifeless body is later discovered by one of the neighbours. The entire incident was captured by Chris’s security cameras. Advise Tony as to whether he is likely to be convicted of murder.

ISSUE: Cindy could face a charge of murder under s 302 (a) of the QCC. In order to convict the prosecution must prove that

RULE:

1. There was a death of a person.

2. The accused caused the death.

A person causes the death of another if his conduct is a substantial or significant cause of death, or substantially contributed to the death. Royall v R (1991); R v Sherrington [2001] QCA 105.

3. The accused intends to cause the death of the person killed or some other person or to do some person grievous bodily harm.

Intent is defined as to mean or have in mind purpose or design R v Wilmot (No 2) (1985).

APPLICATION:

All 3 apply

Tony hit Chris multiple times with the hammer which would indicate reasonable cause to intend harm.

Chris was found dead.

Chris was found dead after his altercation with Tony.

CONCLUSION

Tony is guilty of murder

Problem Solving by Luke Jackson

Scenario 1 A very bad accident

Scenario 2 Scorned Lover