What Breaks the Chain of Causation in Murder?
The chain of causation refers to the causal link between an accused’s conduct and the victim’s death. For cases of murder, section 18(1)(a) of the Crimes Act 1900 (NSW) states: Thus, to be convicted of murder, the Prosecution must prove beyond reasonable doubt that the accused’s conduct caused the victim’s death. However, if the chain […]
When can the Police Shoot to Kill?
In NSW, law enforcement officers are entrusted with the responsibility of maintaining public safety. In accordance with their powers, police officers can use lethal force and shoot to kill in limited circumstances. Since record keeping began in 1989, there have been 176 shootings in police custody. The largest proportion of deaths in police custody have […]
Is Keeping Mistakenly Handed Extra Money Stealing?
In NSW, stealing and similar offences are governed by Part 4 of the Crimes Act 1900 (NSW). The concept of stealing, otherwise known as larceny, refers to the dishonest taking of something that belongs to someone else, without intending to return it. Section 117 of the Crimes Act 1900 (NSW) states that ‘Whosoever commits larceny, […]
Can you Break into your Own Home?
The concept of ‘break and enter’ is complex and the legal meaning of which was established historically in circumstances where family and domestic violence was typically not regarded as criminal conduct. Essentially, the offence is committed when a person enters a building or part of a building without the owner’s consent and with the intention […]
Can Intoxication be used as a Defence?
The concept of intoxication as a defence in criminal law has been subject to ongoing debate and contention. In early English law, intoxication was not a defence to any crime, as being intoxicated was not considered an excuse for one’s actions. However, over time, greater nuance has been afforded to this topic. Actus Reus Regarding […]
