3. Homicide Related Offences Flashcards
What is the offence of infanticide
s178
- 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
- at the time of the offence the balance of her mind was disturbed by
- not having recovered from the effect of giving birth to that or another child or
- reason of the effect of lactation or
- reason of any disorder consequent to childbirth or lactation
• 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
Who decides on the mothers state of mind where a charge of infanticide is laid
The jury
What are the legal duties of a parent or guardian under s152 CA
Everyone who is a parent or person in place of a parent who has actual care or charge of a child under 18 has a legal duty to:
- Provide that child with necessaries
- To take reasonable steps to protect that child from injury
What is the definition of a vulnerable adult
A person unable by reason of detention, age, sickness, mental impairment or any other cause, to withdraw him/herself from the care or charge of another person
Abandoning a child under 6 legislation
s154 and ingredients
Everyone is liable to imprisonment for a term not exceeding 7 years who
• unlawfully abandons or exposes
• any child under the age of 6
What things fall under the category of dangerous things (s156)
- motor vehicles
- trains
- animals
- ships
- weapons
- machinery
- explosives
- scaffolding collapsing due to faulty erection
What does s165 (preventable death) outline
Imposes a liability on a person who is responsible for a death if an injury inflicted by them is an operative cause of death, even though it could have been prevented with proper treatment
eg. JW not accepting blood for a stab wound and dies
R v Blaue
Those who use violence must take their victims as they find them
What does s166 (when the treatment of an injury is fatal) outline
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
What is meant Novus acus Interviens
An intervening act that breaks the chain of causation
For s165 and s166 to apply what must be established about the death
The injury must remain a substantial cause of death which grew from the subsequent effects and risks
Examples of s166 offences
- wounded in a duel and dies as result of surgical operation made necessary by the wound. Person who inflicted wound is guilty murder
- deceased severely kicked and beaten. Surgeon gave deceased some brandy to restore her but some went into her lungs. Defendant guilty
- necessary to operate on a person as a result of an assault. The person died under administration of anaesthetic. Defendant guilty
What is the legislation regarding aiding and abetting suicide
s179
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.
What is the legislation for suicide pacts
s180
- every one who in pursuance of a suicide pact kills any other person is guilty of manslaughter and not murder, and is liable accordingly
- 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
What is the legislation regarding concealing a dead body of a child
s181
Everyone is liable to imprisonment for a term not exceeding 2 years who
- disposes of the dead body of any child in any manner
- intent to conceal the fact of its birth
- whether the child died before, during or after birth
