3. Homicide related Offences; 4. Admissible Hearsay Statements Flashcards
Infanticide - S178
Infanticide is the third major charge in relation to culpable homicide, although it is not as commonly used.
In charges of infanticide, it is for the jury to decide on the mother’s state of mind.
Where a woman causes the death her child under 10 in a manner that amounts to culpable homicide…
Where a woman causes the death her child under 10 in a manner that amounts to culpable homicide, and at the time of the offence the balance of her mind was disturbed,
by reason of her not having fully recovered from giving birth to any child, or by reason of the effect of lactation,
or by reason of any disorder consequent upon childbirth or lactation,
to such an extent that she should not be held fully responsible,
she is guilty of infanticide, and not of murder or manslaughter, and is liable to imprisonment for a term not exceeding 3 years.
151 - Duty to provide the necessaries and protect from injury
Every one who has actual care or charge of a person who is a vulnerable adult and who is unable to provide himself or herself with necessaries is under a legal duty—
(a) to provide that person with necessaries; and
(b) to take reasonable steps to protect that person from injury
152 - Duty of parent or guardian to provide necessaries and protect from injury
154 - Abandoning child under 6
Every one who is a parent, or in place of a parent, who has actual care or charge of a child under the age of 18 years is under a legal duty—
(a) to provide that child with necessaries; and
(b) to take reasonable steps to protect that child from injury
Every one is liable to imprisonment for a term not exceeding 7 years who unlawfully abandons or exposes any child under the age of 6 years.
153 - Duty of employers to provide necessaries
Employer who’s contracted to provide necessaries to employees under 16 years is under a legal duty to provide the same, and is criminally responsible for omitting without lawful excuse to perform such duty if the death caused, life endangered, permanently injured by such omission.
Define :
Vulnerable Adult DASMO
Necessaries CS
Vulnerable Adult - 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
Necessaries (of life) - commodities and services necessary to sustain life, such as food, clothing, housing, warmth and medical care.
155 - Duty of persons doing dangerous acts .. Administers… RSKC
156 - Duty of persons in charge of dangerous things .. charge or control…
157 - Duty to avoid omissions dangerous to life undertakes to do….
Every one who administers surgical/medical treatment or, does lawful act thats dangerous to life, is under legal duty to use reasonable knowledge, skill, and care, and is criminally responsible for the consequences of omitting without lawful excuse to discharge that duty.
Every one who’s in charge or controls anything whatever, which, in the absence of precaution or care, may endanger human life is under a legal duty to take care to avoid such danger, and is criminally responsible for the consequences of omitting without lawful excuse to discharge that duty.
Every one who undertakes to do any act the omission to do may be dangerous to life is under a legal duty to do that act, and is criminally responsible for the consequences of omitting without lawful excuse to discharge that duty.
163 Killing by influence on the mind
164 Acceleration of death
163 No one is criminally responsible for the killing of another by any influence on the mind alone except by wilfully frightening a child or a sick person.
164 Every one who by any act or omission causes the death of another person kills that person
165 Causing death that might have been prevented (although preventable)
Define R v Blaue
Those who…
Every one who by any act or omission causes the death of another person kills that person, although death might have been prevented by resorting to proper means.
Blaue- Those who use violence must take their victims as they find them.
166 Causing injury the treatment of which causes death
(Bodily injury) (although treatment)
R v Tarei - withdrawal
Every one who causes another person any bodily injury, from which death results, kills that person, although the immediate cause of death be treatment.
Tarei - Withdrawal of any form of life support system is not “treatment”.
179 Aiding and abetting suicide
Every one is liable to imprisonment for a term not exceeding 14 years who—
ICP AA
(a) Incites, counsels, or procures any person to commit suicide, if that person commits or attempts to commit suicide in consequence thereof; or
(b) Aids or abets any person in the commission of suicide.
Example - Terminally ill Person A asks B to help kill themselves, doesnt have the balls to do it themselves. B kills A - B is liable under 179.
180 Suicide pact
- In pursuance
- 2 or more enter
(1) Every one who in pursuance of a suicide pact kills any other person is guilty of manslaughter and not of murder.
Eg - A and B enter a pact. A shoots B dead, A shoots himself, lives. A is guilty of manslaughter.
(2) Where 2 or more persons enter into a suicide pact, and in pursuance of it one or more of them kills himself, any survivor is guilty of being a party to a death under a suicide pact contrary to this subsection and is liable to imprisonment for a term not exceeding 5 years. (Not S179)
Eg A and B have a pact to die. both administer drug to kill themselves, A dies, B doesn’t. Guilty of being a party to the death under the pact. 180(2) - 5 years.
What is a suicide pact 180 (3)
Common agreement… object the death
But nothing done….
(3) Suicide pact - a common agreement between 2 or more persons having its object the death of all of them, whether or not each is to take his own life;
but nothing done by a person who enters into a suicide pact shall be treated as done by him unless it is done while he has the settled intention of dying in pursuance of the pact.
181 Concealing dead body of child
Every one is liable to imprisonment for a term not exceeding 2 years who
disposes of the dead body of any child in any manner with intent to conceal the fact of its birth, whether the child died before, or during, or after birth.
- Admissible Hearsay Statements
Section 18 EA - A hearsay statement is admissible in any proceeding if?
RUDE! CAR WU ED
how can police satisfy statement is admissible?
The circumstances to consider under section 16(1) of the Evidence Act 2006, include:
A hearsay statement is admissible in any proceeding if—
(a) the circumstances relating to the statement provide reasonable assurance that the statement is reliable; and
(b) either—
(i) the maker of the statement is unavailable as a witness; or
(ii) the Judge considers undue expense or delay if statement maker were required.
- the nature of the statement
- the contents of the statement
- the circumstances relating to the making of the statement
- circumstances relating to the veracity of the person making the statement
- circumstances relating to the accuracy of the observation of the person
