3. Homicide Related Offences Pages 41-53

Question 1

Who decides on the mother’s state of mind?

Answer 1

The jury

Question 2

What are the sections that outline the duties to provide things and conditions necessary to sustain life and protect from injury?

Answer 2

151, Duties to provide the necessaries and protect from injury
152, Duties of parent/gaurdian to do the above
153, Duty of employees to prove necessaries

Question 3

Define ‘vulnerable adult’

Answer 3

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

Question 4

What age is it criminal to abandon a child?

Answer 4

Under 6

Question 5

No one is criminally responsible for the killing of another by any influence on the mind alone, except by:

Answer 5

• Wilfully frightening a child under 16

- Wilfully frightening a sick person

Question 6

What does section 165 cover?

Answer 6

Imposes a liability on a person who is responsible for a death if an injury inflicted by him is an operative cause of death, even though it could have been prevented with proper treatment

causing death that might have been prevented.

eg think of stabbed jehovahs witness

Question 7

Which statement is correct?
Liability depends on
a) Mens rea of offender
b) Victim’s subsequent action (e.g. refusing medical treatment)

Answer 7

a) Mens rea

Question 8

Is withdrawal of life support “treatment”?

Answer 8

no

Question 9

What is novus actus interviens?

Answer 9

An intervening act that breaks the chain of causation

Question 10

If you a part of a suicide pact what are you liable for?

Answer 10

Manslaughter

Question 11

What is the difference between s179 and s180?

Answer 11

179 is aiding and abetting suicide while 180 is a suicide pact.

Question 12

If two people agree to kill themselves and one dies but the other doesn’t, can the survivor be charged with aiding and abetting suicide?

Answer 12

No, just s180 suicide pact

Question 13

To aid and abet suicide, there is a requirement to “Do something” in one of the specified ways in order to assist the suicide of another. What is an example?

Answer 13

A person gives a tetraplegic an overdose of sleeping pills on the latter persons request

Question 14

181 relates to concealing a dead body of a child. What must the intent be?

Answer 14

To conceal the fact of its birth, whether the child died before, during or after birth

Question 15

When concealing the dead body of the child, under 181 does the child have to be dead when you conceal it?

Answer 15

Yes

Question 16

When concealing the dead body of the child, under 181 does the child have to be found and identified?

Answer 16

no

Question 17

If a child is alive when disposed of and subsequently dies, what are the appropriate charges?

Answer 17

Murder, manslaughter, infanticide

Question 18

Section 151 and 152 of the CA 1961 list the legal duties regarding providing those things and conditions necessary to sustain life and protect from injury. Outline the provisions

Answer 18

Take reasonable steps to protect that person from injury apply to:
Those having actual care or charge of people who are vulnerable adults or
In the case of a parent / caregiver having actual car of charge of a child under 18 years

Question 19

What types of things fall into the category of dangerous things discussed in s156 of the CA?

Answer 19

Section 156 sets out the stat duties of people in charge of dangerous things to take reasonable precautions to ensure people’s safety. Things included: motor vehicles, trains, animals, ships, weapons, machinery

Question 20

In two separate incidents, a man stabs a woman repeatedly.
As a result, both women need to undergo emergency surgery during which both die of heart failure.
Woman 1: dies from heart failure from unpredicted reaction to anaesthetic
Woman 2: also dies from heart failure due to reaction to anaesthetic HOWEVER she was wearing a medic alert badge carrying information about her known heart condition and reaction to anaesthetic.
Is there any differences in these cases?
Who us legally responsible In both?

Answer 20

In situation 1, the man who stabbed her is responsible for her death.
In 2, the doctors actions would be scrutinised under 155 (duty of persons doing dangerous act) and the man would not be liable for her death.

Simply, the death needs to be direct result of the initial attack and not related to another condition

Question 21

Is a person who helps anther person commit suicide criminally liable for their actions? Explain

Answer 21

Yes
S179 – assisted suicide
S180 – suicide pact