Criminal Law Assignment 2022

RUNNING HEAD: CRIMINAL LAW
Criminal Law
Name of the Student
Name of the University
Author Note

1
CRIMINAL LAW
Introduction:
According to the provided case, Selena will be charged with the liability of murder and can also
be charged relating to the provisions of manslaughter under section 18 of the Crimes Act 1900.
There will be a responsibility of proving beyond the standard of reasonable doubt1. If the judge
wants to release Selena according to the case of murder, then she can be found guilty as it will be
open to them.
Discussion:
Section 18 of the Crimes Act 1900 defines manslaughter and murder. A murder is said to
be done when any person or an individual is found to be committing any act which can cause the
death of a person or an individual. It will be considered as murder if the committed act develops
human life recklessly different. There should be an intention to kill or to harm the body
grievously to some person or an individual. There should be a presence of attempt for the
commission of the crime where the accused will be punished upon the imprisonment of twenty-
five years or for life. All the punishable homicide is considered as the manslaughter. There
should be a presence of malicious intent, and if the accused do not have an excuse or a legal
cause should not fall in this provision or section. There is no defined forfeiture or punishment
should be given to a person or an individual who slaughters another individual by the process of
misfortune.
Section 18 of the Crime Act 2009 explains that there are four situations that can charge
an individual in a case of murder. The following actions should be present to prove any person
guilty for the case of murder:
1 Green v R (1971) 126 CLR 28

2
CRIMINAL LAW
When there is a presence of an intention to slaughter any individual:
This statement explains that it is necessary to be produced that the other person or an
individual have died due to the deliberate action or cause of failure of the action.
When there is an intention to inflict grievously body harm upon any other individual:
This statement explains that there should a deliberate cause of bodily harm that should be
grievous to the opposite party that can cause the death of the person. Grevious body harm leads
to serious harm that includes the serious and permanent disfigurement like internal damage of
organs or serious damage to bones.
There should be an act of reckless indifference to the life of an individual:
This statement explains that there should be an arisen situation where any individual or a
person should know about the omission or the action can result in the death of a person or an
individual.
While commission of a serious offence, the other individual should die:
Any person or an individual can be charged if they cause the death of an individual or a
person while the commission of another offence that imposes the max penalty of imprisonment
for 25 years. It can be illustrated with an example that if one person is killed during the time of
committing sexual assault of another person or an individual.
The main elements of committing murder are as follows:
 Actus Reus:
The term actus reus is considered to be common for manslaughter and murder.
The prosecution should develop that omission or the voluntary act of Selena caused
Ariana’s death.