LAWS11-105 Legal Foundations A

Task:

IF the accused killed the deceased AND IF the accused was not acting in self defence AND IF when the accused killed the deceased, did not intend to kill or cause grievous bodily harm, AND IF the prosecution proved that the accused was not provoked by the deceased AND IF there is no defence to diminished responsibility, THEN the accused is guilty of manslaughter.

Issues

Principal issue:

1.Whether Martin has committed the offence of manslaughter.

Under Section 303 of the Criminal Code 1899, a person who unlawfully kills another under such circumstances as not to constitute murder is guilty of manslaughter.

Narrow issues:

1.An unlawful killing must have taken place.

Section 291 of the Criminal Code 1899 makes it unlawful to kill any person, unless the killing is authorised or justified by law.

2.Whether Martin was provoked

Section 269 of the Criminal Code 1899 states “A person is not criminally responsible…if the person is in fact deprived by the provocation of the power of self-control, and acts upon it on the sudden… and if the force used is not disproportionate to the provocation”
    
3. Whether Martin killed Andrews.

Under Section 293 of the Criminal Code 1899, Except as hereinafter set forth, any person who causes the death of another, directly or indirectly, by any means whatever is deemed to have killed that other person.

4.Was there a casual connection between the act by Cox and the death of Andrews.

5.Was Martins conduct a substantial or significant cause of death or have contributed substantially to the death of Andrews.