Culpable Homicide Flashcards
Introduction
Homicide is the killing of one human 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.
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 the these intentions can be proven, the most likely charge is manslaughter.
Homicide defined
Sec.158 Crimes Act 1961 Homicide defined
Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever.
Manslaughter (organisation culpability)
An organisation can be convicted as a party to the offence Sec.66(1) Crimes Act 1961
Murder (organisation culpability)
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.
Killing a child
Sec.159 Crimes Act 1961
(1) A child becomes a human 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.
Culpable Homicide
Sec.160 Crimes Act 1961
(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.
By Unlawful Act
Section.160(2)(a) Crimes Aft 1961
Means a breach of any 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 unlawful.
Standard of care applicable to persons under legal duties or performing unlawful acts
Sec.150A Crimes Act 1961
Applies to any case where the unlawful act requires proof of negligence, or is a strict or absolute liability.
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 herion to a person who subsequently dies from an overdose.
Throwing a large piece of concrete from a motorway overbridge into the path of an oncoming car.
Conducting an illegal abortion where the mother dies.
Omission to perform legal duty
Sec.160(2)(b) Crimes Act 1961
Culpable homicide includes any death caused by an omission, without lawful excuse, to perform or observe any legal duty as defined by Sec.160(2)(b).
Examples in statute:
Provide the necessities and protect from injury (Sec.151)
Provide necessaries and protect from injury to your charges when you are a parent or guardian (Sec.152)
Provide necessaries as an employer (Sec.153)
Use reasonable knowledge and skill when performing dangerous acts such as surgery (Sec.155)
Take precautions when in charge of dangerous things, such as machinery (Sec.156)
Avoid omissions that will endanger life (Sec.157)
Examples of non culpable homicide (criminal and civil liability)
Homicide committed in self defence (Sec.48)
Homicide committed to prevent suicide or commission of an offence which would likely to cause immediate and serious injury to the person or property of anyone (Sec.41)
Note: Use of force is limited to what is reasonably necessary in the circumstances.
