Crimes Against The Person

CRIMES AGAINST THE PERSON

1. MURDER 2. Culpable homicide Elements = i). causing the death (ditto) ii). another person (ditto) iii). unlawfulness (ditto) iv). Intention (negligence)

Example: X1 and X2, well-known criminals decided to rob a bank. X3, a friend of X1 informs them he wants to join the gang but that he doesn't think he’s ready for armed robbery. X1 and X2 assures him that they will not be armed and X3 decides go along “for the ride”. X1 and X2 successfully rob the bank, but upon leaving the bank, X1 is confronted by a security guard. X2 sees the confrontation and pulls out which he has hidden and shoots the security guard, killing him. X3 screams from the car, “come on, lets go” and the three drive off.

Can X1, X2 and X3 be convicted on murder?

Talking points 1. “causing the death” (conduct) → imputable how? 2. Unborn foetus? Suicide? Mercy killings? Causing or accelerating death? deflected blow? Joining-in after fatal blow? etc 3. Grounds of justification exclude unlawfulness E.g. section 49, CPA = justifiable homicide 4. Is there a difference in the culpability of X1, X2 and X3? 5. Punishment not governed by statute (common law; case law; circumstances; etc. )