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July 30, 2025, 09:56:40 pm

Author Topic: Crim A question - Monash  (Read 1627 times)  Share 

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Streaker

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Crim A question - Monash
« on: May 25, 2012, 11:09:42 am »
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To all those who have done Crim A or are currently doing Crim A, some help would be greatly appreciated.

As far as homicide questions go, I understand that we need to go through just about every homicide when answering a scenario question (i.e. murder first, then UDA manslaughter, followed by negligent manslaughter and manslaughter by omission if applicable).

But let's say we get one of those questions (such as in the tute book or the 2008 exam) where there is one person who has put the victim in a position of imminent death if medical care isn't sought immeditely and another person in the vicinity takes ages to call an ambulance, then the victim eventually dies due to delayed treatment.  My question is: Do we need to go through all the elements for the second person (the person who delays calling an ambulance) or can we just skip straight to manslaughter by omission and only analyse that?

Thanks in advance.
« Last Edit: May 25, 2012, 12:28:54 pm by Streaker »

lynt.br

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Re: Crim A question - Monash
« Reply #1 on: May 26, 2012, 01:39:22 am »
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if it is clearly not going to fall under one type of homicide offence then you only need to explain briefly why the accused won't be charged under that offence.

"X is unlikely to be charged with murder because xyz..."


edit: I forgot this is the crim A course where pretty much all you do is homicide. In which case it is a question of discretion. I still think you should dismiss the offences which are clearly not relevant with a brief explanation why - but ultimately it depends on things like how many marks are awarded, whether other questions have tested you on the other offences etc..
« Last Edit: May 26, 2012, 01:42:12 am by lynt.br »