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[1] Since Ryan's actions and Taylor's death occurred during and as the result of an armed robbery, which at the time was punishable with life imprisonment, the felony murder rule applied. The High Court unanimously ruled that Ryan's application for special leave be refused. Subsequently, his conviction for murder and life sentence were upheld.
In the NSW Crimes Act 1900 murder is defined as follows: [9] [10]. Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or ...
The Act, alongside the Crimes Act 1914 (Cth) and the Criminal Code Act 1995 (Cth), [2] [3] form the almost complete basis of criminal law for the State. It is the primary criminal law statute of NSW, and which formed the basis for the Australian Capital Territory's Crimes Act 1900 (ACT). [4]
Constructive manslaughter is also referred to as "unlawful act" manslaughter. [9] It is based on the doctrine of constructive malice, whereby the malicious intent inherent in the commission of a crime is considered to apply to the consequences of that crime. It occurs when someone kills, without intent, in the course of committing an unlawful act.
R v Vaillancourt, [1987] 2 S.C.R. 636, is a landmark case from the Supreme Court of Canada on the constitutionality of the Criminal Code concept of "constructive murder". ". The Court raised the possibility that crimes with significant "stigma" attached, such as murder, require proof of the mens rea element of subjective foresight of death, but declined to decide on that b
Lindsey Robert Rose (né Lehman; born 2 May 1955) is an Australian serial killer from New South Wales, currently serving five sentences of life imprisonment without the possibility of parole for the murder of five people between 1984 and 1994.
R v Martineau, [1990] 2 SCR 633 is a leading Supreme Court of Canada case on the mens rea requirement for murder. Background One evening in February 1985, Patrick Tremblay and 15-year-old Mr. Martineau set out to rob a trailer owned by the McLean family in Valleyview, Alberta.
Samuel Leonard Boyd is an Australian spree killer from New South Wales, currently serving four consecutive sentences of life imprisonment plus 25 years without the possibility of parole [1] for the murder of four people and the malicious wounding of a fifth between September 1982 and April 1983.