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LAW104 - Problem Question (Manslaughter)

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Client is charged with murder under s 18 of crimes act with alternative charge of manslaughter. Analyse the clients liability and determine if any partial defences are available. Include all elements of murder: actus reus, mens rea and temporal coincidence.

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LAW104 - Problem Question (Manslaughter)
Topics this document covers:
Criminal law Law Elements of crime Common law Homicide English criminal law Forensic psychology Manslaughter Omission Crimes Act Recklessness Causation Anna
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Topics this document covers:
Criminal law Law Elements of crime Common law Homicide English criminal law Forensic psychology Manslaughter Omission Crimes Act Recklessness Causation Anna
Sample Text:
2 The facts, however, suggest the defence of substantial impairment3 may be available to Anna. Alternatively, the prosecution may seek to establish Anna's liability on the basis of manslaughter by criminal negligence. II ACTUS REUS A Relevant Act and/or Omission The prosecution must first establish that there was an act and or/omission done by the accused. 4 The relevant omission is Anna's series of omissions. Anna did not follow the nurse's advice, and omitted to turn Vince to reduce the occurrence of pressure ulcers. She did not call anyone to help her turn him once she hurt her back, nor keep the house in a hygienic state. Anna did not try to find the source of the peculiar smell. B Voluntariness The second element is that the omissions were voluntary. The prosecution is entitled to presume voluntariness.5If A...
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