Culable Homicide Flashcards
What is Homicide?
Homicide is the killing of one human being by another. Before a homicide can become the subject of a criminal charge, it must be proved that the killing was blameworthy or culpable. If the act was culpable, you need to work out whether the act was murder, manslaughter or, less commonly, infanticide (see table following page)
how to work out if Murder or Manslaughter
The critical factors to consider for a charge of murder are whether the offender intended to:
• kill the person, or
• cause bodily injury that the offender knew was likely to cause death.
If neither of these intentions can be proven, the most likely charge is manslaughter.
When can you charge with Manslaughter?
You can charge an offender with manslaughter in any case where a person has been killed in a manner that does not amount to murder. For example, the offender may have failed to perform a legal duty (such as getting an ill or injured person medical treatment) or may have acted unlawfully but not envisaged the possibility of death occurring (for example, driving while intocated or incapable and killing someone).
In addition, as the burden of proof regarding intent rests with the prosecution, a jury may return a verdict of manslaughter if it feels intent or any of the other elements of murder have not been proved, The survivor of a suicide pact is liable to be charged with only manslaughter.
Homicide Definition
Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever.
What can an organisation be charged with?
However, in cases of:
• Manslaughter; an organisation can be convicted as a party to the offence (section 66(1))
• Murder, an organisation cannot be convicted as either a principal offender or a party to the offence. This is because the offence carries a mandatory life sentence.
offence of Killing a child
159 Killing of a child
(1) A child becomes a human being within the meaning of this Act when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, whether it has an independent circulation or not, and whether the navel string is severed or not.
(2) The killing of such child is homicide if it dies in consequence of injuries received before, during, or after birth.
What is Culpable Homicide
160 Culpable homicide
(1) Homicide may be either culpable or not culpable.
(2) Homicide is culpable when it consists in the killing of any person—
(a) By an unlawful act; or
(b) By an omission without lawful excuse to perform or observe any legal duty; or
(c) By both combined; or
(d) By causing that person by threats or fear of violence, or by deception, to do an act which causes his death; or
(e) By wilfully frightening a child under the age of 16 years or a sick person.
(3) Except as provided in section 178 of this Act, culpable homicide is either murder or manslaughter.
(4) Homicide that is not culpable is not an offence.
What is an unlawful act definition
Unlawful Act – means a breach of any Act, regulation, rule, or bylaw.
Why is an unlawful act important in a homicide?
This definition was added when the Crimes Act was amended in 2011. To prove culpable homicide under section 160(2)(a) you need to prove death was caused (at least in part) by the breach of an Act, regulation, rule or bylaw.
The common law requires that the act must be one that is likely to do harm or is inherently “dangerous’, as well as being unlawful. The leading case which confirms this is cited below
Standard of care applicable to persons under legal duties or performing unlawful acts: s150A
Section 150A applies to any case where the unlawful act requires proof of negligence, or is a strict or absolute liability offence.
In such a case the person will only be criminally responsible if the unlawful act is a major departure from the standard of care expected from a reasonable person in the particular circumstances.
In common law, allegations of culpable homicide have been supported where the offender has caused death by:
• committing arson
• giving a child an excessive amount of alcohol to drink
• placing hot cinders and straw on a drunk person to frighten them
• supplying heroin to a person who subsequently dies from an overdose
• throwing a large piece of concrete from a motorway overbridge into the path of an approaching car
• conducting an illegal abortion where the mother dies.
What are some legal duties required by the legislation?
Duties imposed by statute are mainly common law duties that have been embodied in statute. The Crimes Act 1961 defines duties to:
• provide the necessaries and protect from injury (s151)
• provide necessaries and protect from injury to your charges when you are a parent or guardian (s152)
• provide necessaries as an employer (s153)
• use reasonable knowledge and skill when performing dangerous acts, such as surgery (s155)
• take precautions when in charge of dangerous things, such as machinery (s156)
• avoid omissions that will endanger life (s157).
Can omission of legal duties amount to Homicide?
Omission of legal duties can amount to homicide. For the requisite causal connection, it seems that it must appear that death would not have occurred as and when it did had the defendant performed the duty in question, and it must have been “a substantial and operative cause of death”
Threats, fear of violence and deception causing a death
A person is guilty of culpable murder if they cause the victim by threats, fear of violence or deception to do an act that results in the victim’s death. You must prove that the fear of violence was well founded, but you do not need to show that the deceased’s action was the only means of escape.
In R v Corbett2 the Court identified that “the victim’s conduct must be such that it could be reasonably foreseen, is proportionate to the threat, or is “within the ambit of reasonableness. Although the victim might do the wrong thing or act unwisely, it is sufficient if the reaction is “in the foreseeable range.”
Frightening a child or sick person causing a death
In this instance, the fright need not be a result of fear of violence as under s160(2)(d), but may be caused by any act that frightens the child or sick person, so long as it is done wilfully.
“Wilfully frightening” is regarded as “intending to frighten, or at least be reckless as to this”.
Simester and Brookbanks3 suggest “wilfully” would require that the offender intended to frighten, or is at least subjectively reckless as to the risk of that. Mens rea should be interpreted as applying to all the elements in s160(2)(e), so that the defendant must at least have been aware of a real risk that the victim is under 16 or sick.
Killing by influence on the mind meaning
Killing by influence on the mind alone is not a crime except as provided in s163. This would apply to someone who mentally tortures another person who is already mentally or physically sick, so that the victim has a mental breakdown and commits suicide.
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.
