Culpable Homicide Flashcards
what must be provided to prove a charge of murder
1 - the person intended to kill a person
2 - the person intended to cause bodily injury that they know was likely to cause death
What must be proved before a homicide becomes a criminal charge
The killing was blamefully and culpable
What is homicide under section 158 CA61
Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever.
Discuss case law Murphy Wright?
Because the killing must be done by a human being, an organisation cannot be convicted as a principal offender.
define the killing of a child under section 159 CA61
1 - A child becomes a human being within the meaning of this act the moment it proceeded in a living state from the body of the mother, whether it has breathed or not, has independant circulation or not or whether the naval string has been severed or not.
2 - the killing of such a child is homicide if it died as a consequences of injuries sustained before, during or after birth.
Culpable homicide means the killing is blameworthy which includes murder, manslaughter and infanticide. Discuss culpable homicide under section 160 (2) CA61
1 - homicide maybe either 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 withoput lawful excuse to perform or observe any legal duty or
(c) a combination of both or
(d) By causing that person be threats, fear or deception to do an act whiched caused their death.
(e) By wilfully frieghtening a child under 16 or a sick person.
3 - Culpable homicide is either murder or manslaughter
4 - homicide that is not culpable is not an offence.
define an unlawful act
I a breach of any act, regulation, rule or bylaw
Discuss case law R v Myatt
Before a breach of any act would be an unlawful act under section 160 for the purpose of culpable homicide . The breach must be an act thould would case harm to the victim.
Discuss case law R v TOMARs
1 - Was the deceased threatened, in fear of or decieved by the defendant.
2 - If so, did the threats, fear or deception cause the deceased to do an act that could cause their death.
3 - Was the act a natural consequence of the defendant, in the sense that a responsible person in the position of the defendant could reasonable foresee the consequences
4 - Did these foreseeable actions of the victim contribute to their death.
Discuss R v Horry
Death should be provable by such circumstances as to render it morally certain and leave no ground for reasonable doubt. That the circumstance should be so strong and complelling to convince a jury that no other rational hypothesis other then murder can be found from the facts.
To establish death, what must you prove
- Death occurred
- Deceased is idetified as the person killed
- the killing is culpable.
Can an organisation be convicted of murder or manslaughter.
An organisation can be convicted as party to manslaughter but no of murder a the sentence is life imprisonment.
Murray Wright LTD
Because the killing must be done by a human being, an organisation can not be convicted as a principal offender.
Section 160 CA61 defines what constitutes culpable homicide. What are the five ways outlined in section (2)
1 - By an unlawful act
2- By an omission without lawful excuse to perform or observe a legal duty.
3 - A combination of both.
4 - By causing the person by threats, fear or deception to do an act which caused their death.
5 - By willfully frightening a child under the age of 16 or a sick person.
What is the legal view on consent to death.
No one is able to give consent to their own death. Section 63
Is a body required to prove the death of a person?
R v HORRY
Death should be so provable as to render it morally certain and leave no room for reasnable doubt. The circumstancial evidence should be so strng and compelling to convince a jury that no other rational hypothesis other than murder can be found from the facts.
