Criminal Liability for Zane's Actions

This assignment examines the criminal liability of Zane for shooting Yasmin and failing to take her to a hospital. It analyzes the provisions of the NSW Criminal Act 1900, specifically sections 17, 18, 18(1), and 19A, to determine if Zane's actions constitute murder or attempted murder. The assignment also considers case law such as Campbell v R [2008] NSWCCA 214. The analysis concludes that Zane is liable for shooting Yasmin and not taking her to a hospital, making him guilty under section 18 of the Act.

Criminal Law

Table of Contents
MAIN BODY...................................................................................................................................1
PRESENTING FACTS RELATED WITH CASE................................................................1
ISSUES TO BE DETERMINED...........................................................................................1
RULES RELATED WITH CRIMINAL LAW......................................................................1
APPLICATION OF RULES IN CASE LAW .......................................................................3
CONCLUSION......................................................................................................................4
REFERENCES................................................................................................................................6

MAIN BODY
PRESENTING FACTS RELATED WITH CASE
The present case is related with death of Yasmin, wife of Zane who accidentally shot her
while hunting a Kangaroo. The couple was going to a tough time in their marriages and their
were turbulence in their relationship. Zane used to beat her very often and this fact was
confirmed by the neighbors of Zane and Yasmin. The husband was getting too violent towards
his wife day by day, they used to indulge in heated argument with each other and one of the
neighbor heard Zane saying that he would kill Yasmin. This was heads on the night of 11 August
2018 at 11 pm.
On the very next morning of 11th August 2018, Zane made a sudden pan to go hunting
and he wanted Yasmin to go along with him. He also took his 0.243 bolt action certifies rifle
with him. They went to a remote bush land which is designated as nature reserve under National
parks of NSW. According per section 56 of Wildlife Act, 1974, hunting was prohibited in that
area. They reached to bush by 11 am and stopped for having tea and ice (which both were
addicted to). Zane spotted a kangaroo and fired at it but missed the aim. Yasmin was sitting on a
back side of where Zane was standing to shoot the Kangaroo. On following the tracks of
Kangaroo he moved and shot again, this time the butte hit Yasmin near her heart. Seeing this
Zane fled the scene.
Yasmin was spotted by a bush walkers who heard the sound of gun shot and came there.
Yasmin was taken to hospital where it was fond that gun shot did not hurt the heart and that she
have good prospects of survival. But one of the surgeon ignored the fact that she was under the
influence of ice which elevated her BP and ordered wrong dosage of drugs, negligently. This
made the case worse and resulted in massive brain haemorrhage. She was declared brain dead
and was placed on life support system. After one month her parents took a decision to remove
her from life support system and she was declared dead on 11 September 2018.
ISSUES TO BE DETERMINED
 What are the legal implication of Zane related with unlawful homicide, under the crimes
act 1900 (NSW).
RULES RELATED WITH CRIMINAL LAW
Homicide: homicide defines unlawful killing of a person. The definition of Homicide is
defines differently in each state or territory of Australia. Each jurisdiction defines the culpability,
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degree and intent differently. Under the Criminal act 1900 of NAW, such crime has been defined
as Murder and manslaughter.
Section 17 A: date of death
This defines that an injury was not the cause of death of a person if the person dies after
completion of 1 year and day from which such injury was caused to that individual.
Section 18: Murder and manslaughter defined
Murder- in the act it defines that a murder have been committed by an accused when a
act or thing done by him/her considered to be omitted with reckless indifference to the human
life or with an intention of kill or inflict grievous bodily harm on some other person, resulting in
death (ECT 18 Murder and manslaughter defined, 2018). This also include an attempt done by
the accused to commit, or during or immediately after the commission of a crime punishable by
imprisonment of life or 25 years.
This does not include those act or omission which were not revengeful or the accused
had lawful cause or excuse. A person who kills another individual can not be punished or
forfeited under this act.
Reckless indifference to human life: this can be states as doing an act with the foresight with
the foresight of the probability of death arsing from that act.
Grievous bodily harm: this includes:
 Deliberated action taken for destruction of fetus of a pregnant woman.
 Any permanent or serious disfiguring of the person, and
 any dangerous bodily disease.
Section 19A: Punishment for murder-
 A person who commits a crime of murder is liable for a punishment of life imprisonment.
 This section applies to murder committed before or after the commencement of this
section(SECT 19A Punishment for murder, 2018) (.
 This section do not affect the prerogative of mercy.
Mental element of the murder: It has to be proved to the Crown beyond the
reasonable doubt that the when the act was committed by the Accused caused the death of the
deceased, or had an intention to kill the person or to inflict grievous bodily harm upon deceased
or that the act which caused death was done with reckless indifference to human life. All the
three stat of mind are distinct and differ from each other. In the court of the stat is required to be
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proved for stating the culpable mind of the accused (Murder 2018). The main factors to prove
at time of trial is the state of mind of the accused at the point of time of committing the act
causing death. In this regard there are two state of mind of accused:
Intention to kill or inflict grievous bodily harm: A person’s intention may be inferred or
concluded from the circumstances in which the death occurred and from the conduct of the
accused person before, at the time of, or after he or she did the specific act which caused the
death of the deceased. It is defined that either accused had an intention to kill or to impose
really serious bodily injury upon the dead person.
Reckless indifference: this needs to be proved as at time, accused committed the act that
caused the death of, he/she realized that this act would probably cause the death of but continued
to commit that act regardless of that consequence, then he/she would be guilty of murder.
Section 18 (1): A murder is committed where the act causing death was done in an
attempt to commit, or during or immediately after the commission, of a crime punishable by
imprisonment for 25 years (Dyer, 2018). Where the accused asserts that the discharge of the
weapon was an accident this can be termed as Voluntary act of the accused.
Case law:
Campbell v R [2014] NSWCCA 175 at [304]
In this case intention of the accused was determined by the court judges as she made up
her mind when the box of material was opened by her which contained cretin illegal items. The
accused have ordered some substances and when she received her parcel she opened it. there she
found illegal items along with hers in the same box (Campbell v R [2008] NSWCCA 214, 2008).
She did no disclosed the fact to anyone. The judges state that intention to keep illegal items was
made by her after seeing that material and she had committed a crime under the act. The caused
must have an intention to commit a crime this fact is stated in this case the culpable mind is one
of the major factors to charge the accuse for the offenses committed by them.
APPLICATION OF RULES IN CASE LAW
With application of the above rules in the given case of Zane and Yasmin it can be stated
that one of he major factors is to determine whether the act of Zane was an intentional one or
was it a mere accident and he was innocent. With the decides case of Campbell v R [2014]
NSWCCA 175 at [304], it can be stated that one of the major factors to accuse a person of
murder or felony is intention at the time of committing murder to act of or commission of
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grievous bodily harm or reckless indifference to human life. The facts are presented in the case
law that the relation of Zane and Yasmin were not good but the husbands used to get violent
with his wife very often. This fact is clearly confirmed by the neighbor that a night before
Yasmin was shot by Zane they had a huge fight and Zane shouting that he will kill Yasmin. Next
day he suddenly planned to go for hunting and he instead Yasmin to go with him. Further they
went to a place that was remote and was prohibited from hunting. Why to go to place where
hunting is not allowed and to such a remote place (Van der Veen, 2017). This clearly reflect the
culpable mind of Zane that it was a pre planned ides to take her to Hunting and in the name of
shooting an animal shoot her instead. With establishment of the act other think that can be
precisely expressed that as per section 18 of the Criminal act 1900 (NSW), Zane was under
commission of the reckless indifferent to human life. As he knew that his act of shooting an
animal was a mere disguise to kill his wife Yasmin. The means rea of this case can be seen
from the past action and relation of the couple as they did not have a strong bond and their
marital life was facing a turbulence as Yasmin used to get beaten up by Zane more often and the
bruises can be seen on her very clearly, the neighbors also new this consideration so it is easily
proved that Zane took her to hunting on a remote area where hunting is prohibited to kill her
under and hunting was just a cover to hide his crime. As per section 18(1), the immediate after
and before action of accused is also considered after commencements of the crime. Before Zane
shot Yasmin he has a heated argument with her a night before and after he shot her he left her
there instead of taking her to the hospital. This proves the fact that he has an intention of killing
her through a gun shot (Mazerolle and et.al., 2017). If he not had such intention and she was
shot accidental, he would have taken her to the hospital rather he left her alone in the buses to
die. More over, had the shot was not intentional as per section 18(1), the intimidate action of
accuse after the crime also defines the attempt to murder intention. The act of leaving Yasmin
there was an act of reckless indifferent to human life, though he had taken her to hospital she
could have been survived. Thus, in this case two of the most essential factors to prove Zane
guilty is the manes reas behind the offense and the after action taken by him when Yasmin got
shot.
CONCLUSION
For the given case of Yasmin and Zane it can be concluded that the act of Zane
accidentally shooting Yasmin was intentional as he is an offender under section 18 of the
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Criminal act, 1900. Moreover, if he shot her without ant culpable mind the act of leaving her
behind after she got shot was an act of reckless indifferent to human life. What would happen to
her if those bush walker had not arrived and taken her to the hospital. She wolds have defiantly
dies then and there only. This can be concluded that Zane has an intentionally took her to that
remote bush area here hunting was prohibited and this intention was proved form this after
action which has been considered as an attempted murder under section 18(1) in accordance
with section 19 of the act an offense under section 18 and 18 (1) are punishable with life
imprisonment or for 25 years. As per section 17, Yasmin dies within one month after she got
shot by Zane. This falls under the time line of one yer as defined in section 17 (SECT 17A Date
of death, 2018). All this taken together makes Zane culprit and he must be held liable for
shooting Yasmin and not taking her to hospital after he shot her which clearly prove his guilty
mind and intention behind shooting her that is to kill her. He is liable to be charged guilty under
section 18 and punishes in accordance with the provision of section 19 of the criminal act, 1900
(NSW).
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REFERENCES
Books and Journals
Dyer, A., 2018. The Australian Position concerning Criminal Complicity: Principle, Policy or
Politics. Sydney L. Rev., 40, p.289.
Mazerolle, P and et.al., 2017. Homicide in Australia and New Zealand. The Handbook of
Homicide, p.412.
Van der Veen, A., 2017. Criminal law: Examining liability for felony murder through joint
criminal enterprise. LSJ: Law Society of NSW Journal, (38), p.88.
Online
ECT 18 Murder and manslaughter defined. 2018. [Online]. Available through
:<http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/ca190082/s18.html>.
SECT 17A Date of death. 2018. [Online]. Available through :<http://www8.austlii.edu.au/cgi-
bin/viewdoc/au/legis/nsw/consol_act/ca190082/s17a.html>.
Murder. 2018. [Online]. Available through
:<https://www.judcom.nsw.gov.au/publications/benchbks/criminal/murder.html>.
SECT 19A Punishment for murder. 2018. [Online]. Available through
:<http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/ca190082/
s19a.html>.
Campbell v R [2008] NSWCCA 214. 2008. [Online]. Available through
:<http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWCCA/2008/214.html?
stem=0&synonyms=0&query=title(campbell%20)>.
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