1. Culpable Homicide

Question 1

Critical factors to consider for a charge of murder. The offender intended to:

Answer 1

• Kill the person
  or
• Cause bodily injury that the offender knew was likely to cause death

Question 2

Homicide defined - Section 158

Answer 2

Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever

Question 3

Can an organisation be charged with murder?

Answer 3

No, an organisation can only be charged for being a party to manslaughter. This is because the offence carries a life sentence

Question 4

Murray Wright Ltd

Answer 4

Because the killing must be done by a human being, an organisation (such as a hospital or food company) cannot be convicted as. a principal offender

Question 5

Killing of a child - Section 159

Answer 5

A child becomes a human being when it has completely preceded in a living state from the body of its mother, whether it has breathed or not, whether it has an independant circulation or not and whether the navel stirring is severed or not

The killing of a child is homicide if it dies in consequence of injuries received before, during or after birth

Question 6

Culpable Homicide - Section 160

Answer 6

(1)Homicide may be culpable or not culpable
(2)Culpable when the killing consists of:
(a) Unlawful act
(b) Omissions without lawful excuse to perform or observe any legal duty
(c) A+B
(d) Causing by threats, fear of violence, deception to do an act which causes his death
(e) Wilfully frightening a child under the age of 16

Question 7

Culpable Homicide means

Answer 7

That the killing is blameworthy. It includes murder, manslaughter or infanticide

Question 8

Unlawful Act - 160(2)(a)

[BARR]

Answer 8

Means a breach of any act, regulation, rule or bylaw.

To prove 160(a) , you need to prove that the death was caused by (or at least part of) by the breach of act, regulation, rule or bylaw

Question 9

Example of omission to perform legal duty - 160(2)(b)

Answer 9

Means cases where nothing is done when there is a legal duty to act.

Legal duty refers to those duties imposed by statue or common law.

Example of some statue would be:
- provide necessaries and protect from injury
- provide necessaries as an employer
- take precautions when in charge of dangerous things (machinery)

Question 10

Example of unlawful act and omissions - 160(2)(c)

Answer 10

Example driving dangerous where a pedestrian is killed. Driving dangerously is an unlawful act and the omission to take precautions driving a dangerous thing

Question 11

Threats, fear of violence and deception - 160(2)(d)

Answer 11

Cause the victim by threats, fear or deception to do an act that causes their death.

Victim conduct should be reasonable foreseen and proportionate to the threat

Question 12

Frightening a child or sick person - 160(2)(e)

Answer 12

Caused by any act that frightens the child or sick person. The act is to be done wilfully.

Wilfully = intended to or be reckless

Question 13

Killing by influence of the mind - 163

Answer 13

No one is criminally responsible for killing of another by influence of the mind unless wilfully frightening a child u16 or a sick person

Question 14

Can you consent to being killed?

Answer 14

No - does not affect criminal responsibility

Question 15

Proof of death (homicide)

Answer 15

• Death occurred
• deceased is identified as the person who has been killed
• the killing is culpable

Question 16

R v HORRY

Horry = disgusting/foul

Answer 16

Death should be provable by circumstances where it is morally certain and leave no ground for reasonable doubt - that the evidence is so compelling to the jury that there is no other hypothesis other than murder

Question 17

Examples of acts that are justified when it results in death

Answer 17

• Self defence (S48)
• Prevent suicide or commission of an offence that would likely cause immediate or serious injury (S41)

Question 18

R v MYATT

(My attack/act)

Answer 18

Before any breach of BARR, the act must be likely to do harm against the deceased or to some class of persons whom he was one

Question 19

Section 150A - Proof of negligence

Answer 19

Person will only be criminally responsible if the unlawful act is a major departure from the standard of care from a reasonable person.

EG. Supplying heroin resulting in OD
Throwing concrete over motorway bridge on cars
Illegal abortion when mother dies

Question 20

R v TOMARS

Answer 20

1) Was the deceased TF or D by the defendant?
2) Did the TF or D cause the victim to do an act that caused their death?
3) Was the act a natural consequence from the TF or D and was reasonable foreseeable?
4) Did the foreseeable actions of the Victim contribute significantly to their death?

Question 21

Example of 160(2)(d) - threats, fear or violence or deception

Answer 21

• jumping out of window to escape assault
• jumping into river and drowning due to escaping