1. Culpable Homicide

Question 1

What are the critical factors to consider for a charge of murder

Answer 1

Whether the offender intended to:
• kill the person or
• cause bodily injury that the offender knows was likely to cause death

If neither of these intentions can be proven, the most likely charge is manslaughter

Question 2

What is the definition of homicide

s158

Answer 2

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

Question 3

Murray Wright Ltd (case law)

Answer 3

Because the killing must be done by a human being an organisation such as a hospital or food company cannot be convicted as a principle offender

Question 4

When does a child become a human being

s159(1) and (2)

Answer 4

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

Is homicide if dies in consequence of injuries received before, during or after birth

Question 5

What does culpable homicide mean

Answer 5

The killing is blameworthy. Includes murder, manslaughter and infanticide

Question 6

What is culpable homicide in relation to ss160(1) and(2)

In what 5 instances is the killing of a person considered culpable homicide

Answer 6

(1) homicide may be culpable or non-culpable
(2) homicide is culpable when the killing is:

a) by an UNLAWFUL act
b) by an OMISSION without lawful excuse to perform or observe any legal duty
c) by BOTH combined
d) by causing that person by THREATS or fear of violence, or by deception, to do, an act which causes his death
e) by wilfully FRIGHTENING a child under the age of 16 years or a sick person

Question 7

What is the definition of an unlawful act

Answer 7

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

Question 8

R v Myatt

Answer 8

Before a breach of any Act, regulation or bylaw would be an unlawful act under s160 for the purposes of culpable homicide it must be an act likely to do harm to the deceased or to some class of persons of whom he was one

Question 9

Name 6 circumstances in which common law allegations of culpable homicide have been supported

Offences involving 150A

Answer 9

• committing arson
• giving a child an excessive amount of alcohol
• 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 piece of concrete from a motorway over-bridge into the path of an approaching car
• conducting an illegal abortion where the mother dies

Question 10

What are the 6 statutory legal duties in respect of the crimes act 1961

Culpable homicide under s160(2)(b) omission to perform legal duty

Answer 10

• provide the necessaries and protect from injury
• provide necessaries and protect from injury to your charges when you are a parent or guardian
• provide necessaries as an employer
• use reasonable knowledge and skill when performing dangerous acts such as surgery
• avoid omissions that will endanger life
• take precautions when in charge of a dangerous thing such as machinery

Question 11

List three examples of culpable homicide caused by actions prompted by threats, fear of violence or deception
s160(2)(d)

Answer 11

• jumps or falls out a window and dies because they think they are going to be assaulted
• jumps into a river to escape an attack and drowns
• a person who has been assaulted and believes their life is in danger jumps from a train and is killed

Question 12

R v Tomars

Answer 12

Formulates the issues in the following way:

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

Question 13

What is the definition of wilfully frightening in relation to culpable homicide s160(2)(e) frightening a child or sick person

Answer 13

Intending to frighten, or at least be reckless as to this

Question 14

In general no one is criminally responsible for the killing of a person by influence on the mind. What are the exceptions to that rule

s163

Answer 14

• wilfully frightens a child under 16
• wilfully frightens a sick person (physically or mentally)

eg. a man took tests at hospital for an ongoing stomach complain. As a joke a hospital employee sent him a letter saying he had terminal inoperable cancer. if the man commits suicide as a consequence the sender of the letter could be charged under s163

Question 15

If death is caused during lawful games or consent (boxing, football etc) can you be charged

Answer 15

It’s normally treated as non-culpable homicide however if a contestant caused the death of another by an act that is likely to cause serious injury they will be guilty of manslaughter

Question 16

To establish death in a homicide you must prove what three things

Answer 16

• death occurred
• deceased is identified as the person killed
• the killing is culpable

Question 17

R v Horry

Answer 17

Death should be proved 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

Question 18

In what time period must the death occur in order to be seen as caused by another s162

Answer 18

(1) Must be within a year and a day day

Shall be inclusive of the day:

(2) last unlawful act contributing to death took place
(3) omission ceased
(4) if caused by unlawful act and omission, which ever happened last

Question 19

What is meant by omission to preform a legal duty s160(2)(b)

Answer 19

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

Question 20

What is the definition of “legal duty”

Answer 20

Duties imposed by statue or common law including unmodified common law duties