3. Homicide Related Offences

Question 1

What is the legislation regarding infanticide, s178?

Answer 1

Where a woman causes the death of any child of hers under the age of 10 years in a manner that amounts to culpable homicide, and where at the time of the offence the balance of her mind was disturbed to such an extent that she should not be held fully responsible, she is guilty of infanticide and is liable to imprisonment for a term not exceeding 3 years.

Question 2

What are the reasons for why the mother’s balance of mind may be disturbed?

Answer 2

• by reason of her not having fully recovered from the effect of giving birth to that or any other child
• by reason of the effect of lactation
• by reason of any disorder consequent upon childbirth or lactation

Question 3

What does the jury decide on regarding a mothers state of mind?

Answer 3

if a woman is charged with murder or manslaughter, but the jury believes her state of mind is due to the effects of childbirth, the jury is required to return a special verdict of acquittal on account of insanity caused by childbirth.

Question 4

What are the legal duties regarding providing necessaries and protection from injury (s151, 152)? Who do they apply to?

Answer 4

legal duty to provide that person with necessaries and to take reasonable steps to protect them from injury.

Applies to vulnerable adults or child under 18 who are under care or charge of a person.

Question 5

What things fall under the category of dangerous things (s156)?

Answer 5

• motor vehicles
• trains
• animals
• ships
• weapons
• machinery
• explosives

Question 6

What is the case law regarding preventable death?

Answer 6

Those who use violence must take their victims as they find them.
(R v Blaue)

Question 7

What is held when the treatment of an injury is fatal, s166?

Answer 7

when a person dangerously injures another person, and the person dies as a result of treatment of those injuries, the person who inflicted the initial injuries is responsible for the death. The degree of liability relies on the element of mens rea.

Question 8

What is the legislation regarding aiding and abetting suicide?

Answer 8

Every one 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 consequence thereof; or
b. Aids or abets any person in the commission of suicide.

Question 9

What is the legislation for suicide pacts, s180?

Answer 9

1. Every one who in pursuance of a suicide pact kills any other person is guilty of manslaughter and not of murder, and is liable accordingly.
2. Any survivor is guilty of being a party to a death under a suicide pact and is liable to imprisonment for a term not exceeding 5 years

Question 10

What is the legislation regarding concealing a dead body of a child?

Answer 10

Everyone 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.

Question 11

What is meant by Novus acus Interviens?

Answer 11

An intervening act that breaks the chain of causation