3. Homicide-Related Offences

Question 1

Infanticide
Section 178

Answer 1

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

Question 2

Punishment for Infanticide (section 178)

Answer 2

3 Years

Question 3

Who decides the mothers state of mind

Answer 3

The jury
Prosecution can also file charges of Infanticide + murder

Question 4

Duty of provide the necessaries and protect from injury
Section 151

Answer 4

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

Question 5

Duty of parents or guardian to provide necessaries and protect from injury
Section 152

Answer 5

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

Question 6

Duty of employers to provide necessaries
Section 153

Answer 6

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

Question 7

Vulnerable adult

[MAIDS]

Answer 7

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

Question 8

Is vulnerable adult subjective or objective

Answer 8

Objective, the determination should not depend of the persons subjective perception

Question 9

Necessaries

Answer 9

No real definition, usually just food, clothing, housing, warmth etc

Question 10

Duty to protect from injury

Answer 10

Includes human activities and non-human sources of injury

Question 11

Abandoning child under 6
Section 154

Answer 11

Unlawfully abandons or exposes any child

7 Year offence

Question 12

Duty of persons doing dangerous acts
Section 155

Answer 12

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

Question 13

Duty of persons in charge of dangerous things
Section 156

Answer 13

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

Question 14

‘Anything whatever’
Relates to s156 - duty of persons charge of dangerous things

Answer 14

Is very wide. Can include things such as vehicles, explosives, machinery, scaffolding etc.

Question 15

Duty to avoid omissions dangerous to life
Section 157

Answer 15

Omissions that endanger life

Question 16

Encouraging death
Section 163

Answer 16

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

Question 17

Acceleration of death
Section 164

Answer 17

Where death has been accelerated by another’s action

Question 18

Causing death that might have been prevented
Section 165

Answer 18

Anyone who does an act or omission causes the death of a person even though death was preventable by proper treatment

Question 19

Example of Causing death that might of been prevented
s165

Answer 19

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.

Question 20

Causing injury the treatment of which causes death
Section 166

Answer 20

Injuring someone so that they need treatment, and died due to the the procedures of such treatment.

Question 21

Examples of Causing injury the treatment of which causes death
s166

Answer 21

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

Question 22

R v BLAUE

(Blue = Police = Violence used must deal with the Victim as they find them)

Answer 22

Those who use violence must take their victims as they find them

Question 23

Is the withdrawal of life support a treatment?

Answer 23

No - life support is not treatment, it is simply extending the persons life through artificial means

Question 24

What is an example that the injury in s165 AND s166 must be a substantial cause of death

Answer 24

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

Question 25

Concealment of the body of a child
s181

Answer 25

• 2 years
• Body must of been dead prior to disposal
• child is alive when disposed then dies, then can look at murder/manslaughter charge
• Must be done with intent to conceal fact of birth (could be to a particular individual)

Question 26

Aiding and abetting suicide
s179

Answer 26

• 14 years
• incites, counsels or procures any person to commit suicide or an attempt to commit suicide

Question 27

Culpability of person assisting with suicide s179

Answer 27

Person A can face up to 14 years if they assist person B with suicide without being in a pact.

EG. terminal patient (B) asking friend (A) to kill them

Question 28

Suicide pact
s180

Answer 28

180(1) - Anyone who is in a suicide pact kills any other person is guilty of manslaughter

A shoots B, B dies but A does not then A is guilty of manslaughter.

180(2) - When 2 or more people enter a suicide pact, and one or more of them kills themselves any survivor is guilty of being part to a death under a suicide pact and can be imprisonment max 5 years.

A and B both self administer (both responsible for their action), B dies but A does not. Guilty of parties to and 5 years imprisonment