1. Culpable Homicide

Question 1

Homicide defined

Answer 1

Killing of a human being by another, directly or indirectly, by any means whatsoever.

Must be culpable to be an offence

Question 2

160 Culpable Homicide
(1)
(2) (b)

Answer 2

(1) May be either culpable or not culpable
(2) Is culpable when it consists in the killing of any person -
(b) by an omission without lawful excuse to perform or observe any legal duty OR

Question 3

S160 (2)(b) Omission to perform legal duty

Answer 3

Covers when nothing is done when there is a legal duty to act, and certain cases of positive conduct accompanied by a failure to discharge a legal duty, in particular a duty of care

Question 4

(s160(2)(d)) Threats, fear of violence and deception
R v Tomars

Answer 4

1. Was the deceased threatened by, in fear of or deceived by the defendant ?
2. If yes, did the threat, fear of violence or deception cause the defendant to do the act that caused their death ?
3. The act a natural consequence of the actions of the defendant, in the sense that reasonable and responsible people in the defendant position at the time could reasonably have foreseen the consequences ?
4. Did these foreseeable actions of the victim contribute in a significant way to his death ?

Question 5

s160(2)(e) Frightening a child or sick person

Wilfully frightening ..

Answer 5

Regarded as intending to frighten or at least be reckless as to this

Question 6

Legislation
163 Killing by influence on the mind

Not criminally responsible for the killing of another by any influence on the mind alone …

Answer 6

Expect by wilfully frightening a child under the age of 16 years or a sick person

Question 7

Death from lawful games or contest

Answer 7

If a contestant causes death of another by an act that is likely to cause serious injury, they will be guilty of manslaughter

Question 8

Where body is not located
R v Horry

Answer 8

Death should be provided by such circumstances as render it morally certain and leave no ground for reasonable doubt -

The circumstantial evidence should be so cogent and compelling as to convince a jury that upon no rational hypothesis other than murder can the facts be accounted

Question 9

Expectations of justification (non culpable homicide
E.g.

Answer 9

When an act is justified the perpetrator is exempt

E.g.
homicide committed in self defence
Homicide committed to prevent suicide or commission of an offence