3. Homicide-Related Offences - Overview Flashcards
Outline infanticide?
178 Infanticide
(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, by reason of her not having fully recovered from
the effect of giving birth to that or any other 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.
In cases of infanticide what must be established?
- The killing of the child must be in a manner that would amount to culpable homicide.
- You must prove the mother’s mind was disturbed as a consequence of the birth of
that child or of another child
What are the implications of Sections 151, 152 and 153?
Sections 151, 152 and 153 concern the duty to provide those things and conditions necessary to sustain life and protect from injury. Death resulting from failure to meet the legal duty to provide the necessities of life and or protection form injury can amount to homicide.
Define a vulnerable adult?
Means “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”.
Identify the necessaries of life?
Under the former section 151(1) the corresponding duty was to provide the “necessaries of life” which encompassed commodities and services necessary to sustain life, such as food, clothing, housing, warmth and medical care.
Outline s154
154 Abandoning child under 6
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.
Outline s155 that deals with dangerous acts?
155 Duty of persons doing dangerous acts
Every one who undertakes (except in case of necessity) to administer surgical or medical treatment, or to do any other lawful act the doing of which is or may be dangerous to life, is under a legal duty to have and to use reasonable knowledge, skill, and care in doing any such act, and is criminally responsible for the consequences of omitting without lawful excuse to discharge that duty.
Outline s156 that deals with dangerous things?
156 Duty of persons in charge of dangerous things
Every one who has in his charge or under his control anything whatever, whether animate or
inanimate, or who erects, makes, operates, or maintains anything whatever, which, in the absence of precaution or care, may endanger human life is under a legal duty to take reasonable precautions against and to use reasonable care to avoid such danger, and is criminally responsible for the consequences of omitting without lawful excuse to discharge that duty
Define anything whatever in s156?
Note that the term “anything whatever” in section 156 is extremely wide. It includes such things as motor vehicles, trains, animals, ships, weapons,
machinery and explosives.
Outline omissions that endanger life in s157?
157 Duty to avoid omissions dangerous to life
Every one who undertakes to do any act the omission to do which is or 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.
Outline killing by influence on the mind in s163?
163 Killing by influence on the mind
No one is criminally responsible for the killing of another by any influence on the mind alone, except by wilfully frightening a child under the age of 16 years or a sick person, nor
for the killing of another by any disorder or disease arising from such influence, except by wilfully frightening any such child as aforesaid or a sick person
