Culpable Flashcards
What are the critical factors to consider for a charge of murder?
Whether the offender intended to:
Kill the person
Or
Cause bodily injury that the offender knew was likely to CAUSE DEATH
Define homicide S158 CA61
The killing of a human being by another, directly or indirectly, by any means whatsoever
Can an organisation be convicted of murder (Murray Wright ltd)
No
An organisation cannot be convicted as a principle or parties to the offence because the offence carries a mandatory life sentence
Murray Wright LTD Case law
Because the Killing must be done by a HUMAN BEING, an organisation cannot be convicted as a principle offender
Killing of a child section 159(1) CA61
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 naval string is severed or not
Killing of a child is section 158
Define section 159(1) when a child becomes a human being
When it has completely proceeded in a LIVING STATE from the BODY of its mother
Whether it has breathed or not
Whether is has an INDEPENDENT CIRCULATION or not and
Whether the NAVEL string has been severed or not
160 Culpable Homicide
(1) Homicide may be culpable or not culpable
(2) Homicide is culpable when it consists in the killing of any person—
(a) by an unlawful act
(b) by an omission without LAWFUL excuse to perform or observe any legal duty; or
(c). by both combined
(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 S178
(4) HOM that is not culpable is not an offence
Define unlawful act
Means a breach of any Act, regulation, rule, or by law
Case law - R v Myatt
Unlawful act S160 - Must be an act likely to do harm to the deceased or to some class of person whom he was one
150A unlawful act examples ‘in common law, allegations of culpable homicide have been supported where the offender 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 subsequently from an overdose
Throwing a large piece of concrete from a motorway over bridge into the path of an approaching car
Conducting an illegal abortion where the mother dies
160(2)(b)
OMISSION TO PERFORM LEGAL DUTY
Crimes act defines duties imposed as:
151 - provide the NECESSARIES and protect from injury
152 - provide the NECESSARIES and protect from injury to your charges when you are parent or guardian
153 - provide necessaries as an EMPLOYER
155 - use reasonable knowledge and skill when performing dangerous acts, such as surgery
156 - take precautions when in charge of dangerous things
157 - avoid omissions that will endanger life
R v Tomars - threat/fear/deception
- Was the deceased threatened by, in fear of or deceived by the defendant?
- If the were did such threats, fear or deception cause the deceased to do the act that caused their death?
3 was the act natural consequence of the actions of the defendant in the sense that that a reasonable and responsible people in the defendants position at the time could reasonably foreseen the consequences?
4 did these foreseeable actions of the victim contribute in a significant way to his death
S160(2)(e) frightening a child or sick person
Wilfully frightening is regarded as
Intending to frighten, or at least be reckless as to this
s163
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 raising from such influence l, except by wilfully frightening any such child as aforesaid or a sick person
Consent to death
No one has the right to consent to be killed
Death from lawful games or contests
Usually treated as non culpable however if a contestant causes death of another by an act that is likely to cause serious injury, they will be guilty of manslaughter
Proof of death
You must prove
Death occurred
Deceased is id as the person who has been killed
The killing is culpable
Where the body is not located case law
R v Horry
Death should be provable by such circumstances as render it morally certain and leave no ground for reasonable doubt - that the circumstantial evidence should be so cogent and compelling as to convince a jury that upon no rational hypothesis other than murder can the facts be accounted for.
Exception of justification (non culpable homicide)
Homicide committed in self defence 48
Homicide committed to prevent suicide or commission of an offence which would be likely to cause immediate and serious injury to the person or property of any-one
MCQ - 167(c)
If the offender means to cause death,or, being reckless as aforesaid, means to cause such bodily injury as aforesaid to one person, and by accident or mistake kills another person, though he does not mean to hurt the killed person
Intent to cause death- what must you show the defendant did
Intended to cause death
Knew that death was likely to ensue
Was reckless that death would ensue
R v Cameron
The defendant recognised that there was a real possibility that
His or her actions would bring about the proscribed result and/or
That the proscribed circumstances existed and
Having regard to that risk those actions were unreasonable
R v Piri
Recklessness involves a conscious,deliberate risk taking. The degree of rush of death foreseen by the accused under either S167(b) or (d) must be more than negligible or remote. The accused must recognise a “real or substantial risk” that death would be caused by
R v Desmond
Not only must the object be unlawful, but also the accused must know that his act is likely to cause death. It must be shown that his knowledge accompanied the act causing death
