1. Culpable Homicide Pages 11-21 Flashcards
Before a homicide can become criminal, it must be proved that the killing was:
Blameworthy or culpable
Murder or manslaughter? The critical factors to consider for a charge of murder are whether the offender intended to:
- Kill the person
- Cause injury that the offender knew was likely to cause death
Name 2 examples of manslaughter
- Failed to perform a legal duty (such as getting an ill or injured person medical treatment)
- Acted unlawfully but did not expect the possibility of death (drunk driving and killing someone)
what is the survivor of suicide pact liable to be charged with?
Manslaughter
Define Homicide
The killing of a human being by another, directly or indirectly, by any means whatsoever
An organisation can be convicted as a party to the offence for
a) Murder
b) Manslaughter
b): manslaughter
An organisation CANNOT be convicted of murder and why?
True or false
True – because the offence carries a mandatory life sentence
Murray Wright Ltd: 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
Define when a child becomes a human being?
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 naval string is severed or not
True or false? The killing of a child is homicide if it dies in consequence of injuries received before, during or after birth
True
Homicide is culpable when it consists in the killing of any person –
By an unlawful act
By an omission without lawful excuse to perform or observe any legal duty
By both combined
By causing that person by threats of fear of violence, or by deception, to do an act which causes his death
By wilfully frightening a child under 16 or a sick person
Define unlawful act
A breach of any act, regulation, rule or bylaw
Examples of culpable homicide
- Committing arson
- Illegal abortion where the mother dies
- Giving a child excessive alcohol
- Supplying heroin to a person who dies of an over dose
Define ‘duty’ in duty of care
1- provide the necessaries and protect from injury (s151)
2-provide necessaries and protect from injury to children when you are a parent or guardian (s152)
3 - provide necessaries as an employer (s153)
4 -use reasonable knowledge and skill when performing dangerous acts, such as surgery (s155)
5 -take precautions when in charge of dangerous things, such as machinery
6 - avoid omissions that will endanger life (s157).
A person is guilty of culpable murder if they case the victim by threats, fear of violence or deception to do an act that resulted in the victim’s death. Do you need to show that the deceased’s actions was the only means of escape?
No
Examples of culpable homicide caused by actions prompted 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
No one is criminally responsible for the killing of another by any influence on the mind alone, except by:
Wilfully frightening a child under 16 or a sick person.
To establish death, you must prove the:
- Death occurred
- Deceased is identified as the person who has been killed
- The killing is culpable
What does the word “morally” allow for?
A charge of murder to be made even when a body has not been located
Examples of acts that would result in non culpable homicide
- Homicide committed in self defence
- Homicide committed to prevent suicide or commission of an offence which would likely cause immediate and serious injury to the person or property of anyone
No indefinite liability:
This arbitrary rule prevents indefinite liability for prosecution for culpable homicide after an assault, and the development of surgery and life support procedures has increased the chances of long delay before death
Can an organisation (as opposed to a human being) be convicted of murder or manslaughter?
Explain your answer.
No. Because the killing must be done by a human being, an organisation cannot be convicted as the principal offender. Moreover, although an organisation can be convicted as a party to manslaughter, with murder an organisation cannot be convicted as either the principal offender or a party to the offence because it is not possible for an organisation to serve the offence’s mandatory life sentence.
Section 160 of the Crimes Act 1961 defines what constitutes culpable homicide. What are the
five ways set out in subsection (2) of this section?
- An unlawful act
- An omission without lawful excuse to perform or observe any legal duty
- An unlawful act and an omission to perform a legal duty
- Using threats, fear of violence or deception to make the victim do an act that leads to their death
- Wilfully frightening a child under 16 or a sick person
What is the legal view of consent to death?
The law does not recognise the right of a person to consent to their being killed (s63 of the Crimes Act 1961). As a consequence, their consent does not affect the criminal responsibility of anyone else involved in the killing.
Is a body required to prove the death of a person? Explain your answer with reference to
case law R v Horry.
No a body is not required to prove death of a person has occurred. 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. R v Horry
Would you be charged with any offence if you fatally injured another player during a rugby
match? If so, what might the charges be?
Normally you would not be charged with the killing of another player if they died from injuries you caused while playing football. However, you would be guilty of manslaughter if your actions were considered likely to cause serious injury, as you should have been aware of this at the time and refrained from the action.
