1. Culpable Homicide pages 11-21

Question 1

Before a homicide can become criminal, it must be proved that the killing was:

Answer 1

Blameworthy or culpable

Question 2

Murder or manslaughter? The critical factors to consider for a charge of murder are whether the offender intended to:

Answer 2

• Kill the person

- Cause injury that the offender knew was likely to cause death

Question 3

Name 2 examples of manslaughter

Answer 3

• 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)

Question 4

what is the survivor of suicide pact liable to be charged with?

Answer 4

Manslaughter

Question 5

Define Homicide

Answer 5

The killing of a human being by another, directly or indirectly, by any means whatsoever

Question 6

An organisation can be convicted as a party to the offence for

a) Murder
b) Manslaughter

Answer 6

b): manslaughter

Question 7

An organisation CANNOT be convicted of murder and why?

True or false

Answer 7

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

Question 8

Define when a child becomes a human being?

Answer 8

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

Question 9

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

Answer 9

True

Question 10

Homicide is culpable when it consists in the killing of any person –

Answer 10

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

Question 11

Define unlawful act

Answer 11

A breach of any act, regulation, rule or bylaw

Question 12

Examples of culpable homicide

Answer 12

• Committing arson
• Illegal abortion where the mother dies
• Giving a child excessive alcohol
• Supplying heroin to a person who dies of an over dose

Question 13

Define ‘duty’ in duty of care

Answer 13

• provide the necessaries and protect from injury (s151)
  -provide necessaries and protect from injury to your charges when you are
  a parent or guardian (s152)
• provide necessaries as an employer (s153)
  -use reasonable knowledge and skill when performing dangerous acts,
  such as surgery (s155)
  -take precautions when in charge of dangerous things, such as machinery
• avoid omissions that will endanger life (s157).

Question 14

A person is guilty of culpable murder if they cause 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?

Answer 14

No

Question 15

Examples of culpable homicide caused by actions prompted by threats, fear of violence or deception are when a person:

Answer 15

• 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

Question 16

No one is criminally responsible for the killing of another by any influence on the mind alone, except by:

Answer 16

Wilfully frightening a child under 16 or a sick person.

Question 17

To establish death, you must prove the:

Answer 17

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

Question 18

What does the word “morally” allow for?

Answer 18

A charge of murder to be made even when a body has not been located

Question 19

Examples of acts that would result in non culpable homicide

Answer 19

• 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

Question 20

No indefinite liability:

Answer 20

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

Question 21

Can an organisation (as opposed to a human being) be convicted of murder or manslaughter?
Explain your answer.

Answer 21

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.

Question 22

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?

Answer 22

• 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

Question 23

What is the legal view of consent to death?

Answer 23

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.

Question 24

Is a body required to prove the death of a person? Explain your answer with reference to
case law R v Horry.

Answer 24

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

Question 25

Would you be charged with any offence if you fatally injured another player during a rugby
match? If so, what might the charges be?

Answer 25

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.