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7 Pages • Essays / Projects • Year: Pre-2019 • Previously uploaded under: LLB130 - Criminal Law and Process A
For a conviction of murder, the prosecution are required to prove, beyond reasonable doubt, that the accused’s voluntary act or omission (the actus reus) caused the death of the victim and that the relevant mens rea was present. There must be a coincidence of the actus reus and the mens rea for the accused to be found guilty. If the elements for murder are untenable on the facts, under the Crimes Act 1900, ‘every other punishable homicide shall be taken to be manslaughter.’ In terms of determining whether the Crown can make out a case of murder or manslaughter against Mr Brown (B), it is necessary to determine which head of homicide can be proven against B.
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