3.Homicide Relates Offences

Question 1

What is the section for INFANTICIDE, and what is its meaning?

Answer 1

Section 178

• Mother causes death to her child under 10 years
• by means of culpable homicide
• and where at time of the offence
• balance of her mind was disturbed
• by reason of HER not having fully recovered from the effect of giving birth to that any other CHILD
• OR by reason of the effect of lactation
• OR by reason of any disorder consequent upon childbirth OR lactation
• to such extent that she should be held fully responsible, she is guilty of INFANTICIDE and not of murder or manslaughter and is liable to imprisonment of 3 years.

Question 2

Who decides on the “state of mind of the mother”?

Answer 2

The jury decides on the state of mind of the mother in order to convict for infanticide.

Question 3

What should be proven when the charge of infanticide?

Answer 3

• that the manner in which the child was killed would amount to culpable homicide.
• state of mind of mother was disturbed as an effect of not having recovered fully from child birth OR reason of lactation

Question 4

What is your understanding of LEGAL DUTIES imposed by statute and common law?

Answer 4

In particular, many of these are set out in section 151 to 157. A failure to discharge these duties makes the person liable to penalties, providing level negligence required by section 150A.

Question 5

“NECESSARIES” what sections cover the provision concerning necessaries, and what does it entail?

Answer 5

Section 151, 152,153 cover the Necessaries to sustain and protect from injury. A failure to meet this legal duty can amount to homicide.

Question 6

What does section 151 detail?

Answer 6

• Who has actual care of an adult person who is VULNERABLE and who is unable to provide himself with necessaries is under a legal DUTY

a) provide that person with necessaries AND
b) to take reasonable steps to protect that person from
injury.

Question 7

What does section 152 detail?

Answer 7

Duty of a parent or guardian.

A parent or a person in place of a parent, who has actual care or charge of a child under the age of 18 years is under legal duty -

a) to provide that child with the necessaries AND
b) to take reasonable steps to protect that child from INJURY

Question 8

What is detailed under section 153?

Answer 8

IT relates to duty of employers to provide necessaries.

• Employer who is contracted to provide necessary
  FOOD, CLOTHING or LODGING for any servant or
  apprentice under the age of 16 years
• IS under legal duty to provide the same AND
• IS criminally responsible for OMITTING without lawful
  excuse to perform such duty
• if the DEATH of that servant or apprentice is CAUSED,
• OR if his life is endangered or HIS health permanently
  INJURED, by such omission.

Question 9

Define vulnerable adult?

Answer 9

A person unable, by reason of detention, age,sickness,mental impairment OR by any other cause, to withdraw himself or herself from care OR charge of another person.

Vulnerability may be short lived or temporary. It is an objective determination and should not be left up to that person’s subjective perception.

Question 10

Necessaries - what is the meaning now?

Answer 10

It is some what broader than the necessaries of life as previously defined under previous section 151(1).

Question 11

What is duty to protect from injury?

Answer 11

It is to take reasonable steps to to protect a vulnerable adult or child from injury. The injury encompasses other from of injury that may result from non human sources and human activities.

Question 12

What section covers abandoning of a child under 6 years?

What does is state?

Answer 12

Section 154

Everyone liable for imprisonment of 7 years WHO

UNLAWFULLY abandons or exposes any child under 6 years.

Section 150A does not apply to this section

Question 13

Dangerous Acts and Things what sections cover this?

Answer 13

Section 155 and 156

Question 14

What does 155 entail?

Answer 14

Doing Dangerous Acts

• Who UNDERTAKES
• to ADMINISTER SURGICAL OR MEDICAL treatment OR
• does any Act WHICH
• may be dangerous to life
• IS under legal duty to have and use
• reasonable KNOWLEDGE and SKILLS and CARE in
• DOING any such ACT
• is criminally responsible for the CONSEQUENCES of omitting without lawful excuse to discharge that DUTY.

Question 15

What does section 156 entail?

Answer 15

This involves doing dangerous things.

• Who has charge or under his control anything, 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 PRECAUTION 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

Question 16

Omissions that endanger life, what section covers it?

Answer 16

Section 157

• Who undertakes to do any act the omission to do which is OR
• may be DANGEROUS to life
• is under legal duty to do that act, AND is criminally responsible for the CONSEQUENCES of omitting
• without lawful excuse to discharge that duty.

Question 17

Encouraging Death what section covers this?

And what does it say?

Answer 17

Section 163

• NO one is criminally Responsible for killing someone by INFLUENCING their mind alone,
• EXCEPT by wilfully frightening a child under 16 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 sick person

Question 18

Acceleration of death, what section covers this?

Answer 18

Section 164

• A person who ACTS or OMISSION causes death of another
• Although the EFFECT of bodily injury was to HASTEN death while laboring under some other disorder or disease from another cause.

Question 19

CAUSING DEATH

What sections cover this by not preventing or injuring someone?

What do these sections entail?

Answer 19

Sections 165 and 166

165 is Causing death that might have been preventable

• Act or omission causes death
• Although it may have been prevented by resorting to proper means

166 Causing injury the treatment of which causes death.

• Causes any bodily injury from the dangerous nature from which death results,
• Kills that person, although the immediate cause of death be treatment, PROPER or IMPROTER applied in good faith.

Question 20

What is an example of s165? and what caselaw relates?

Answer 20

Example is found in R v Blaue (Jehovah’s Witness being stabbed - not upto the nurse to refuse treatment if measures could have been taken)

R v Blaue

Those who use violence must take their victims as they find them.

Question 21

In relation to section 166 when does a person become criminally responsible for a death?

Answer 21

When a person causes injury to the person kill then they get treatment done properly or improper but in good faith, that person who caused the injury is responsible for the consequences.

Question 22

Does withdrawal from life support a treatment?

Answer 22

Life support does not mean treatment, in R v Tarei it was held that life support being turned off does not come under section 166, it is not the cause of death but an intervention that could possibly extent life.

Question 23

What does section 179 and 180 deal with?

Answer 23

179 is Aiding and abetting suicide

180 is Suicide Pact

Question 24

What does 179 entail?

Answer 24

Liable to 14 years imprisonment

a) who incites,counsels and 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 25

What does section 180 entail?

Answer 25

Suicide Pact

1) who pursuance of a suicide pact kills any other person is GUILTY of MANSLAUGHTER and not murder, and is liable accordingly
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, but he shall not be convicted of an offence against section 179 of this ACT.
3) The term SUICIDE PACT means a common agreement between 2 or more persons having for its objects 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 pact shall be treated as done by him in pursuance of the pact unless it is done while he has the settled intention of dying in in pursuance of the pact.

Question 26

Explain in in your own words section 180(1)? Suicide Pact

Answer 26

• In pursuance of a suicide pact
• kills another person
• is guilty of MANSLAUGHTER but not murder

Question 27

Explain in in your own words section 180(2)? Suicide Pact

Answer 27

• Two or more in a suicide pact
• one or more kills themselves
• any survivor is guilty of BEING A PARTY
• to suicide pact
• liable to 5 years prison
• Not liable under 179

Question 28

Explain in in your own words section 180(3)? Suicide Pact

Answer 28

Suicide pact MEANING

• two or more in agreement of suicide of all of them.
• whether or not each take their own lives
• does not apply to person who agrees but did not settle the intention of dying in the pact

Question 29

Concealment of the body of a child

What is the section of concealing a dead body of a child?

Answer 29

Section 181

Question 30

What does section 181 say?

Answer 30

Liable to 2 years who DISPOSES dead body of child in any manner to conceal the fact of its birth

Whether child DIED before during or after birth.

Question 31

What happens if the baby is alive during the time of disposal?

Answer 31

Charges of murder or manslaughter, in relation to mother infanticide

Question 32

What intent is required for disposing of a child’s dead body?

Answer 32

It must be proven that the intent to CONCEAL the baby.

Question 33

SUMMARY

1. What is infanticide?
2. Statute and common law impose on various people DUTIES to nurture life adequately and provide SAFETY.
3. Who does the responsibility remain with when a person deliberately injures a person and that person receives treatment but subsequently dies?

Answer 33

1. It is a charge against a mother who kills her child as a result of her mind being unbalanced due to the effects of giving birth or lactation.
2. A failure to carry out such duties may result in person being liable to penalties.
3. The liability remains with the person who inflicted the injury.