Assume the following case occurred in the hypothetical jurisdiction of Pasifika, where it is murder if death is caused with intent to kill or with foresight of the risk of killing. Learned

Readings:
Week 1 powerpoint slides
Relevant statutes on PacLII.
Colvin, Criminal Law of Fiji chs 1-2
or Colvin, Criminal Law of Solomon Islands, Kiribati & Tuvalu chs 1-2
or Colvin, Criminal Law of Vanuatu: chs 1-2.
Question 1
Look up the offence of murder (intentional homicide in Vanuatu) in the general criminal statute for your jurisdiction. Murder involves an unlawful killing accompanied by an aggravated state of mind such as intent to kill. Which state(s) of mind other than an intention to cause death will make a killing murder in your jurisdiction?
Note: Vanuatu students should consult the Penal Code s 6 as well as the section on intentional homicide.
Assume the following case occurred in the hypothetical jurisdiction of Pasifika, where it is murder if death is caused with intent to kill or with foresight of the risk of killing.
Learned J convicted 21 year-old Harry Hothead of murder (intention homicide in Vanuatu) of his cousin, Sam. In her reasons for convicting him, the judge said this:
The defendant killed the deceased when a drunken argument descended into a brawl. The fendant punched the deceased twice in the face, knocking him over. Then, when Sam was lying on the ground, the defendant kicked him twice in his head. He was wearing heavy work boots at the time. Sam died soon afterwards from the resulting head injuries. It is not contested that this was an unlawful killing. The issue is whether it was murder.
The defendant claimed that, due to his anger and intoxication, it had not crossed his mind that he might kill or even seriously injure Sam. The defendant testified: “He was my cousin. We grew up together. We often fought. Sometimes I beat him; sometimes he beat me. I never expected this time to be any different.” However, I was not convinced by this story. It is hard to believe that anyone would fail to appreciate the dangers of attacking another person in the way that occurred here. I therefore find the defendant guilty of murder.
Did the judge make any mistake in dealing with proof of the offence?

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