1. Culpable homicide Flashcards
Culpable homicide Section 160(1) and (2)
160 Culpable homicide
(1) homicide may be either culpable or not culpable
(2) homicide is culpable when it consists in the killing of any person -
(A) by an unlawful act or
(B) by an omission without lawful excuse to perform or observe any legal duty or
(C) by both combined or
(D) by causing that person by threats or fear of violence, or by deception, to do an act which causes his death or
(C) by wilfully frightening a child under the age of 16 years or a sick person
Unlawful act and case law
Myatt
Unlawful act means a breach of any act, regulation, rule or bylaw
Myatt It must be an act likely to do harm to the deceased or to some class of persons of whom he was one
In common law, allegations of culpable homicide have been supported where the offender has caused death by?
- committing arson
- giving a child an excessive amount of alcohol to drink
- placing hot cinders and straw on a drunk person to frighten them
- supplying heroin to a person who subsequently dies from an overdose
- throwing a large price of concrete from a motorway over ridge into the path of an approaching car
- conducting an illegal abortion where the mother dies
When is a person guilty of culpable homicide?
If they cause the victim by threats, fear of violence or deception to do and act that results in the victims death
What are some examples of culpable homicide cause by actions promoted by threats, fear of violence or deception are when a person?
- jumps or falls out of a window and dies because they think they are going to be assaulted
- jumps into a river to escape an attack and drowns
- who has been assaulted and believes their life is in danger, jumps from a train and is killed
Homicide definition
Section 158 - Homicide is the killing of a human being by another, directly or indirectly l, by any means whatsoever
Can and organisation be convicted of homicide?
Case law
Not of murder but can be part to manslaughter
Case law
Murray Wright Ltd
Because the killing must be done by a human being, an organisation suck as a hospital or food company cannot be convicted as a principal offender
When does a child become a human being?
159 - killing of a child
(1) a child becomes a human being within the meaning of this Act when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, whether it has an independent circulation or not, and whether the navel string is severed or not.
(2) the killing of suck child is homicide if it dies in consequence of injuries received before, during or after birth
Duties imposed by statute are mainly common law duties that have been embodied in statute. The crimes act defines duties to:
- Provide the necessaries and protect from injury
- provide necessaries and protect from injury to your charges when you are parent or guardian
- provide necessaries as an employer
- use reasonable knowledge and skill when performing dangerous acts such as surgery
- take precautions when in charge of dangerous things such as machinery
- avoid omissions that will endanger life
What is an example of an unlawful act and omission of duty?
Drive a car recklessly that you kill a pedestrian is both unlawful and an omission to observe your duty to take precautions when you are in charge of a dangerous thing.
What is an exception to Killing by influence on the mind?
No one is criminally responsible for the killing of another by an influence on the mind alone, except but will fully frightening a child under the age of 16 years or a sick person
Consent to death?
No one has the right to consent to being killed
To establish death what must you prove?
Death occurred
Deceased is identified as the person who has been killed
The killing is culpable
Where body is not located?
Caselaw
Horry
death should be provable by such circumstances as render it morally certain and leave no ground for reasonable doubt
That 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 for
What are some acts that are justified?
Homicide committed in self defence (s48)
Homicide committed to prevent suicide or commission of an offence which would be likely to cause immediate and serious injury to the person or property of anyone
