Culpable Homicide

Question 1

Case law: Murray Wright Ltd

Answer 1

Because the killing must be done by a human being, an organisation cannot be convicted as a principal offender

Question 2

Define unlawful act

Answer 2

Means a breach of any act, regulation, rule or bylaw.

Question 3

Homicide is culpable when:

Answer 3

S160
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.

Question 4

R v Myatt

Answer 4

[Before a breach of any Act, regulation or bylaw would be an unlawful act under s 160 for the purposes of culpable homicide] it must be an act likely to do harm to the deceased or to some class of persons of whom he was one.

Question 5

R v Tomars

Threats, fear of violence and deception

Answer 5

formulates the issues in the following way:

1. Was the deceased threatened by, in fear of or deceived by the defendant?
2. If they were, did such threats, fear or deception cause the deceased to do the act that caused their death?
3. Was the act a natural consequence of the actions of the defendant, in the sense that reasonable and responsible people in the defendant’s position at the time could reasonably have foreseen the consequences?
4. Did these foreseeable actions of the victim contribute in a [significant] way to his death?

Question 6

R v Horry

Where body is not located

Answer 6

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.

Question 7

Death must occurs within how long

Answer 7

162 Death must be within a year and a day

(1) No one is criminally responsible for the killing of another unless the death takes place within a year and a day after the cause of death.
(2) The period of a year and a day shall be reckoned inclusive of the day on which the last unlawful act contributing to the cause of death took place.

Question 8

Main distinction between murder and manslaughter

Answer 8

The critical distinction between murder and manslaughter is whether the offender intended to kill the deceased or to harm them in a way they knew might result in death.

Question 9

Can you consent to death?

Answer 9

No one has the right to consent to being killed (s63). This means that, if someone is killed, the fact they gave their consent will not affect the criminal responsibility of anyone else involved with the killing.

Question 10

Homicide defined

Answer 10

Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever

Question 11

Killing of a child:

Answer 11

(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 naval string is severed or not.
(2) the killing of a such a child is homicide if it dies in consequence of injuries received before, during or after birth.

Question 12

Common law duties embodied in homicide:

Answer 12

S.151. - provide the necessities and protect from injury
S.152 - provide the necessities and protect from injury to children under 18 when you are their parent/guardian
S.153 - provide necessities as an employer
S.155 - use reasonable knowledge and skill when performing dangerous acts, e.g surgery
S.156 - take precautions when in charge of dangerous things. E.g machinery
S.157 - Avoid omissions that endanger life

Question 13

Examples of culpable homicide caused by actions prompted by threats/ fear of violence / deception

Answer 13

• A person jumps or falls out of a window and dies because they think they’re going to be assaulted.
• jumps into a river to escape attack and drowns
• a person has been assaulted and believes their life is in danger so jumps from a train and is killed

Question 14

Wilfully frightening

Answer 14

Is regards as intending to frighten, or atleast be reckless as to this.

Question 15

S163 - killing by influence in the mind

Answer 15

No one is criminally responsible for the killing of another by any influence on the mind alone, except for a child under the age of 16 or a sick person

Question 16

Establishing death occurred you must prove:

Answer 16

• death occurred
• deceased is identified as the person who has been killed
• the killing is culpable

Question 17

Intent to cause death under s.167

Answer 17

You must show the defendant:

• intended to cause the death or
• knew that death was likely to ensue