3. Homicide - Related Offences

Question 1

Who decides the Mother’s mind when charged with infanticide

Answer 1

It is for the jury to decide on the mother’s state of mind.

Question 2

Preventable Death - R v Blaue (Jehovah witness)

Answer 2

R v Blaue
Those who use violence must take their victim as they find them

Question 3

s179. Aiding and abetting suicide

Answer 3

Everyone is liable to imprisonment for a term not exceeding 14 years who

a) incites, counsels, or procures any person to commit suicide, if that person commits or attempts to commit suicide in consequences thereof; or
b) aids or abets any person in the commission of suicide

Question 4

Outline s180(1) suicide pact

Answer 4

1) everyone who in pursuance of a suicide pact kills any other person is guilty of manslaughter and is liable accordingly

Question 5

S152 - Duty of a parent or guardian .. State liability

Answer 5

(1) Everyone who is a parent or in place of a parent, who has actual care or charge of a child under the age of 18 is UNDER LEGAL DUTY to
(a) provide necessaries
(b) take reasonable steps to protect child from injury

Question 6

Outline meaning of duty to protect from s152?

Answer 6

Take reasonable steps to protect a vulnerable adult or child from injury. Not only injury of bodily harm cause by a person but human activities and non human sources

Question 7

Outline intent of s181 (Concealing dead body of a child)

Answer 7

Intent of concealing of fact of birth, may be satisfied even though was known to some people but not others

Question 8

Define Suicide Pact ?

Answer 8

S180(3)
An agreement between 2 or more people
Having object the death of all of them
Whether or not is to take his own life

BUT nothing is done by a person who enters a suicide pact shall be treated as done by him in pursuance of the pact unless it is done while he settles intention of dying

Question 9

Outline s180(2)

Answer 9

2 or more person enter into a suicide pact

Pursuance of it one or more of them kills himself

Any survivors is guilty of being a party to death under suicide pact

Liable imprisonment for a term not exceeding 5 years - not convicted under s179

Question 10

Outline s178 Infanticide

Answer 10

Women cause death of her child under 10 years in a manner that amounts to culpable homicide.

At the time of the offence her mind was disturbed.

Reason of her not having fully recovered from the effect of giving birth.