Unit 1 AOS 2 KK#7 - Murder

Which of the following is not a form of unlawful homicide?

• Manslaughter

• Arson

• Infanticide

• Culpable driving causing death

Fraser has been charged with the murder of his neighbour. The killing occurred when Fraser was wielding a knife around his house. Which element is likely to be in issue here?

• Whether Drake was of sound mind

• Whether there was malice aforethought

• Whether the killing was unlawful

• Whether Drake caused the victim’s death

Quincy was at a party at her friend’s house. A scuffle broke out between her friend and Oscar, and Quincy thought her friend was going to get hurt. She grabbed a bat and hit Oscar over the head. Oscar died.

If Quincy raises self-defence as a defence, what will she need to prove?

• That her actions were necessary to protect her from injury

• That her actions were necessary to protect her or her friend from death or significant, serious injury

• That her actions were necessary to protect her and her friend from death

• That her actions were necessary to protect her from death

Zara, aged 16, stabbed Andrew. Zara intended to cause Andrew serious injury but did not intend to kill him. Andrew was rushed to hospital. During the surgery, the surgeon carelessly cut an artery and Andrew died. Which element is likely to be in issue here?

• Whether Zara caused Andrew’s death

• Whether there was malice aforethought

• Whether Zara was a person over the age of discretion

• Whether the killing was unlawful

Where do you find the definition and elements of murder?

• In common law

• In the Australian Constitution

• In the Crimes Act 1958 (Vic)

What statement best describes murder rates (i.e. the number of murders per 100 000 persons aged 10 years and over) in Australia over the past five years?

• Murder rates are increasing in Australia

• It fluctuates from year to year between 1.5 and 1.1

• Murder rates are decreasing in Australia

• It fluctuates from year to year between 4.5 and 5.3

Which of the following statements correctly describes a difference between Australia’s and the United States’ murder statistics?

• The US murder rate is approximately five times higher than Australia’s murder rate.

• The United States has a lower murder rate than Australia.

• In the United States, a gun is the most common weapon; whereas in Australia, it is a punch.

• In the United States, the number of people sentenced for murder fluctuates from year to year; whereas in Australia, it is increasing.

Wendy’s son was murdered in a horrific brawl that occurred at a train station. The accused will stand trial in the Supreme Court for murder. What rights does Wendy have?

• The right to seek financial compensation for her loss

• The right to be informed about the investigation and the prosecution

• The right to provide a victim impact statement

• Wendy has all of these rights

Recently in Melbourne, there have been random and unprovoked attacks against women that have resulted in women dying. What is the greatest impact these attacks have had on the community?

• Feelings of fear and grief felt by the wider community

• Legal costs

• Disruption to family life

• Guilt or shame

True or false: An accused does not need to raise any defences or argue that the elements have not been met in a criminal case.

• True – because the accused needs to raise and prove the elements, not the defences

• False – because the accused needs to establish that an element is missing to be found not guilty

• True – because the accused does not have the burden of proof

• False – because the accused needs to establish that an element is missing and/or there is a defence to the charges to be found not guilty