Exceptions to Murder – Consent Consent
Description: Exceptions to Murder Consent Consent unequivocal, unconditional, clearest indication that such consent is given and existed before and right up to the time of killing. Read Leong Siew Chor BOP on defendant to prove exceptions S90 PC
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slide1. Exceptions to Murder – Consent Consent unequivocal, unconditional, clearest indication that such consent is given and existed before and right up to the time of killing. Read Leong Siew Chor BOP on defendant to prove exceptions S90 PC – consent is not consent if under fear, misconception, unsound mind, child under 12 years old etc. Seminar 7 Mindmap – Murder – Exceptions Part II Above 18 years of age If below 18 years of age or lack mental capacity, consider s305 PC (abetment of suicide of minor or person lacking capacity)<br>
slide2. Exceptions to Murder – Infanticide Balance of mind disturbed by child under age of 12 months and at the time of offence her balance of mind was disturbed by her not having fully recovered from the effects of giving birth or the effect of lactation consequent upon birth BOP on defendant to prove exceptions Woman, causes death of child under age of 12 months, consider s310 PC too (Infanticide offence) Seminar 7 Mindmap – Murder – Exceptions – Part II Not commonly pleaded.<br>
slide3. Exceptions to Murder – Diminished Responsibility BOP on defendant to prove exceptions Seminar 7 Mindmap – Murder – Exceptions – Part II b) Abnormality of the mind caused by condition of arrested development of mind, a condition of retarded development of mind, any inherent causes, induced by disease of injury. Medical opinion and accused to determine prescribed cause. Read Iskandar 3 stage test – a) Abnormality of the mind, b) caused by condition of arrested development of mind, a condition of retarded development of mind, any inherent causes, induced by disease of injury, c) abnormality of the mind substantially impaired the accused’s mental responsibility in causing death. Read Iskandar, Ahmed Salim, Teo Ghim Heng, Daryati. Abnormality of the mind to be decided by the courts. Acts, demeanour of the accused and surrounding circumstances. Read Iskandar
Reasonable man will find it abnormal, capacity to understand, judge right or wrong and exercise self-control, surrounding circumstances, nature of killing, conduct of accused. Read Nagaethran. Read Boh Soon Ho. c) Where abnormality of the mind substantially impaired the accused’s mental responsibility in causing death – qn of degree and determined by the courts. Accused’s actions, demeanour, presence of mind, actions before, during and after killing, plot, calculation. Read Iskandar
Real and material influence on actions. Not trivial or minimal impairment or total impairment. Read Nagaethran. Read Boh Soon Ho.<br>
slide2. Exceptions to Murder – Infanticide Balance of mind disturbed by child under age of 12 months and at the time of offence her balance of mind was disturbed by her not having fully recovered from the effects of giving birth or the effect of lactation consequent upon birth BOP on defendant to prove exceptions Woman, causes death of child under age of 12 months, consider s310 PC too (Infanticide offence) Seminar 7 Mindmap – Murder – Exceptions – Part II Not commonly pleaded.<br>
slide3. Exceptions to Murder – Diminished Responsibility BOP on defendant to prove exceptions Seminar 7 Mindmap – Murder – Exceptions – Part II b) Abnormality of the mind caused by condition of arrested development of mind, a condition of retarded development of mind, any inherent causes, induced by disease of injury. Medical opinion and accused to determine prescribed cause. Read Iskandar 3 stage test – a) Abnormality of the mind, b) caused by condition of arrested development of mind, a condition of retarded development of mind, any inherent causes, induced by disease of injury, c) abnormality of the mind substantially impaired the accused’s mental responsibility in causing death. Read Iskandar, Ahmed Salim, Teo Ghim Heng, Daryati. Abnormality of the mind to be decided by the courts. Acts, demeanour of the accused and surrounding circumstances. Read Iskandar
Reasonable man will find it abnormal, capacity to understand, judge right or wrong and exercise self-control, surrounding circumstances, nature of killing, conduct of accused. Read Nagaethran. Read Boh Soon Ho. c) Where abnormality of the mind substantially impaired the accused’s mental responsibility in causing death – qn of degree and determined by the courts. Accused’s actions, demeanour, presence of mind, actions before, during and after killing, plot, calculation. Read Iskandar
Real and material influence on actions. Not trivial or minimal impairment or total impairment. Read Nagaethran. Read Boh Soon Ho.<br>