Criminal Law: Murder, Conspiracy, Burglary and Trespass

Running head: CRIMINAL LAW
CRIMINAL LAW
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1CRIMINAL LAW
The present subject matter of the case is based on various criminal offences including
criminal intention, conspiracy, incitement, burglary and murder. According to the main facts
of the case, it has been observed that certain criminal activities have been occurred in this
case. The main accused of the case i.e. Snow is a contract killer who gets a contract to kill
one of the prime accused of a narcotic case. However, after killing that person, Snow was in
the ground and took shelter in the house of Khaleesi. When police arrested him, he had made
certain attempts to counter the police. Therefore, apart from the murder, he had done certain
other offences. Before entered into the home of the prime accused, Snow had commenced
burglary in the victim’s house. He had an intention to kill the victim and therefore, he can be
accused of committing conspiracy. Afterward, he had certain criminal liabilities for
committing murder of both the victim and his wife.
The term murder has been defined under section 3 of the Crimes Act 1958. According
to this section, when act of an individual caused the death of the other, it will be fall under the
offence of murder. In case of murder, certain serious bodily harm should be inflicted on the
victim1. However, according to section 6B of the Crimes Act 1958, if the jurist could observe
that the offence could be fall under the category of manslaughter, they may give such
direction. Such principle has been followed in Singh v R2. Further, it has been observed in R
v Johnson3, if before committing the murder, the offender was provoked by the victim and
killing has been done due to certain heated discussion or acts, court can accept the plea of
guilty under manslaughter. Similar concept has been taken in the recent case of R v Won4. In
the present case, it has been observed that Snow had an intention to murder the victim and not
his wife. He had to kill her because of the circumstantial adversity. Therefore, he can be tried
under the offence of manslaughter in this case.
1 CRIMES ACT 1958 (Cth) s 3.
2 Singh v R [2012] NSWSC 637
3 R v Johnson [2003] NSWCCA 129
4 R v Won [2012] NSWSC 855