Culpable Homicide

Question 1

define culpable homicide

Answer 1

The negligent unlawful causing of the death of another human being

Question 2

what type of crime is it

Answer 2

common law crime

Question 3

what are the elements of culpable homicide

Answer 3

causing the death
of another human being
negligence
unlawfulness

Question 4

defences that exclude unlawfulness

Answer 4

youth

Question 5

what are common factual scenarios of culpable homicide

Answer 5

vehicle accidents
careless use of a firearm
medical treatment

Question 6

regarding medical treatment what case highlights the application of the law in this instance and how was it applied

Answer 6

The Van Heerdan Case. a 47-year-old woman dies after a procedure by a gynecologist and the cause of death was internal bleeding due to the shock of the operation.
The Dr instructed a drip to be administered despite his duty to go and see patient
the court found against Dr; had he attended to her, she may have survived

Question 7

in the element of negligence is the enquiry objective or subjective and describe the enquiry

Answer 7

The enquiry is objective. the question is whether a reasonable person in the circumstances would have foreseen that death might be the result of a proposed course of conduct and would have taken steps to guard against it

Question 8

regarding negligence, what happened in the case of S v Van As

Answer 8

The accused was in an altercation with a very fat man. The principle of negligence was highlighted. The accused slapped the fat man against the cheek. the victim fell backward and hit his head on the cement floor, became unconscious, and died.
the accused was convicted of culpable homicide but the court altered the conviction to common assault. The particular prohibited consequence of circumstance must be foreseen.

Question 9

regarding negligence what happened in the case of s v Crossberg

Answer 9

The Accused shot his firearm in attempting to chase away baboons and instead shot and killed one of his employees. the court found that a reasonable person in the Crossbegs position would have foreseen the death of the deceased as a result of discharging a firearm in the manner and in the circumstances set out. the appellant took no steps to guard against the consequence. Crossberg was convicted of culpable homicide.

Question 10

S v Naidoo? wagwun?

Answer 10

The accused threw teargas into their rival club causing a stampede and killing 13 people.
The court concluded it is the foreseeable and actual consequence of the accused’s negligent act which determines whether they are liable to be charged with one or more counts of culpable homicide.
the unlawful negligent killing of more than one human being gives rise to more than one punishable act irrespective of whether the negligent act which caused the death was a series of different acts or the same single act.

Question 11

is there Attempted Culpable homicide? what case demonstrates your standing

Answer 11

There is no attempted culpable homicide. you cannot intend to be negligent. S v Humphreys highlights such; the accused was charged with 10 counts of murder and 4 counts of attempted murder. He drove a minibus with 14 children across a train track, the train hit the minibus during the crossing killing 10 children and leaving 4 seriously injured. The court concluded that he was flagrantly negligent but no intention was proved. His 10 counts of murder were replaced with culpable homicide