3. Homicide-Related Offences Flashcards
Infanticide
Section 178
Woman causes the death of any child under the age of 10 in a manner that amounts to culpable homicide. At the time of the offence the balance of her mind was disturbed by the following reasons:
- having not fully recovered from giving birth to that or any other child
- effect of lactation
- disorder consequent upon childbirth
Punishment for Infanticide (section 178)
3 Years
Who decides the mothers state of mind
The jury
Prosecution can also file charges of Infanticide + murder
Duty of provide the necessaries and protect from injury
Section 151
Anyone who has actual care or charge of a vulnerable adult who can’t provide of himself or herself has a legal duty to:
- provide that person with necessaries
- take reasonable steps to protect that person form injury
Duty of parents or guardian to provide necessaries and protect from injury
Section 152
Anyone who has actual care or charge of a child under 18 is under legal duty to:
- provide that person with necessaries
- take reasonable steps to protect that person form injury
Duty of employers to provide necessaries
Section 153
Everyone who is an employer has contracted to provide necessary food, clothing or lodging for any servant or apprentice under 16 is under legal duty to provide the same.
Can be criminally responsible for any deaths or left endangered or health prematurely injured
Vulnerable adult
[MAIDS]
A person unable, by reason of detention, age, sickness, mental impairment or any other cause to withdraw himself or herself from the care or charge of another person.
Vulnerability may be temp or perm
Is vulnerable adult subjective or objective
Objective, the determination should not depend of the persons subjective perception
Necessaries
No real definition, usually just food, clothing, housing, warmth etc
Duty to protect from injury
Includes human activities and non-human sources of injury
Abandoning child under 6
Section 154
Unlawfully abandons or exposes any child
7 Year offence
Duty of persons doing dangerous acts
Section 155
Anyone who undertakes surgical/medical treatment or any other lawful act which may be dangerous to life is under a legal duty to have and to use reasonable knowledge, skill and care and doing any such act
Duty of persons in charge of dangerous things
Section 156
Anyone who is in charge or control of anything whatever, animate or inanimate, or who erects, makes or operates anything that may endanger human life has a legal duty to take reasonable precautions and actions to avoid such danger
‘Anything whatever’
Relates to s156 - duty of persons charge of dangerous things
Is very wide. Can include things such as vehicles, explosives, machinery, scaffolding etc.
Duty to avoid omissions dangerous to life
Section 157
Omissions that endanger life
Encouraging death
Section 163
Not criminally responsible if a person was driven into suicide by severe anxiety by work or domestic pressures AND the person had no previous mental or physical health matters
Acceleration of death
Section 164
Where death has been accelerated by another’s action
Causing death that might have been prevented
Section 165
Anyone who does an act or omission causes the death of a person even though death was preventable by proper treatment
Example of Causing death that might of been prevented
s165
Jehovah’s witness stabbed but refused blood transfusion and eventually dies. An appeal for the conviction for manslaughter was unreasonable.
Liability depends on the mens rea not the Victims subsequent actions.
In this case refusing a blood transfusion and not doing the act of proper treatment to save the patient.
Causing injury the treatment of which causes death
Section 166
Injuring someone so that they need treatment, and died due to the the procedures of such treatment.
Examples of Causing injury the treatment of which causes death
s166
1) Person wounded, needed surgical operation and died due to the operation
2) Person needed operating due to an assault, however died under the administration of anaesthetic
R v BLAUE
(Blue = Police = Violence used must deal with the Victim as they find them)
Those who use violence must take their victims as they find them
Is the withdrawal of life support a treatment?
No - life support is not treatment, it is simply extending the persons life through artificial means
What is an example that the injury in s165 AND s166 must be a substantial cause of death
For example, man was recovering from a stab wound but then doctors gave him the wrong injections and he subsequently died.
The suspect is not liable for murder/manslaughter as that it was not the substantial cause of death
