Culpable Homicide

Question 1

Define homicide

Answer 1

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

Question 1

Can an organisation be charged with murder or manslaughter? Explain you answer and refer to the relevant case law.

Answer 1

Murray Wright Ltd
Because the killing must be done by a human being, an organisation (such a hospital or food company) cannot be convicted as a principal offender.

Question 2

Section 159(1) and (2) of the Crimes Act 1961 defines when a child becomes a human being and is therefore able to be murdered under Section 158. Detail the provisions section 159(1) and (2).

Answer 2

159(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 is has breathes or not, whether it is has an independent circulation or not.

159(2) The killing of such child is homicide if it dies in consequence of injuries received before, during or after birth.

Question 3

Outline Culpable Homicide Section 160(1) and (2) of the Crimes Act 1961.

Answer 3

(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 ages of 16 years or a sick person.

Question 4

What the three specific causations of homicide in Section 160(2)(d).

Answer 4

Threats, fear of violence or deception.

Question 5

What does R v Myatt state about an unlawful act in respect of section 160(2)(a) of the Crimes Act 1961.

Answer 5

R v Myatt
(Before a breach of any act, regulation or bylaw would be an unlawful act under section 160 for the purposes of culpable homicide) it must be an act likely to do harm to the deceased or to some class of person of whom he was one.

Question 6

Under Section 160(a) the act must be unlawful. Describe what an unlawful act is in relation to this section and included relevant case law.

Answer 6

An unlawful act means a breach of any act, regulation, rule, or bylaw.

Question 7

In common law, allegations of culpable homicide have been supported where the offenders have caused death by particular circumstances. Name any four of these circumstances.

Answer 7

• Committing arson
• Giving a child an excessive amount of alcohol
• Placing hot cinders and straw on a drunk person to frighten them
• Supplying heroin to the deceased
• 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

Question 8

Explain what is meant by Section 160(2)(b) of the Crimes Act 196, omission to perform a legal duty.

Answer 8

This covers cases where nothing is done when there is a legal duty to act, and certain case of positive conduct accompanied by a failure to discharge a legal duty, in particular a duty of care.

Question 9

Define legal duty

Answer 9

The expression legal duty refers to those duties imposed by statute or common law including uncodified common law.

Question 10

List four statutory legal duties in respect to the Crimes Act 1961.

Answer 10

Duties imposed by the statute are mainly common law duties that have been embodied in statue.
- Provide the necessaries and protect from injury (s151)
- Provide necessaries and protect from injury to your charges when you are a parent or guardian (s152)
- Provide necessaries as an employer (s153)
- Use reasonable knowledge and skill when performing dangerous acts, such a surgery (s155)
- Take precautions when in charge of dangerous things, such a machinery (s 156)
- Avoid omission that will endanger life (s157).

Question 11

What was held in R v Tomars

Answer 11

Formulates the issue the following way:
1- Was the deceased threatened, 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 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 12

In relation to Section 160(2)(d) of the Crimes Act 1961, give two practical examples of culpable homicide which has been caused by the victim’s actions, prompted by threats of fear of violence.

Answer 12

• A person who jumps or falls out of a window because they think they are going to be assaulted.
• A person who jumps into a river to escape an attack and drowns.
• A person who has been assault and believes their life is in danger, jumps from a train and is killed.

Question 13

Outline Section 163 of Crimes Act 1961

Answer 13

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 ages of 16 years or a sick person, nor for the killing of another by any disorder or disease arising from such influence, except by wilfully frightening any such child as aforesaid or a sick person.

Question 14

In general, no one is criminally responsible for killing of another by any influence of the mind. What are the exceptions to this rule.

Answer 14

• Wilfully frightening a child under 16 years of age
• Wilfully frightening a sick person (Mentally or physically)

Question 15

Define wilfully frightening

Answer 15

Wilfully frightening is regarded as intending to frighten, or at least be reckless as to this.

Question 16

Can you consent to death

Answer 16

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

Question 17

If you fatally injure someone during a game of football, would you be charged with any offence? If so what might the charge be?

Answer 17

• Normally, you would not be charged with killing of another player if they died from injuries, you caused while playing football.
• However, you would be guilty of manslaughter if your actions were considered likely to cause serious injury.

Question 18

To establish proof of death, in relation to homicide, you must prove three key elements, they are:

Answer 18

• Death occurred
• Deceased is identified as the person who has been killed
• The killing is culpable

Question 19

How can death be proven

Answer 19

Death can be proven by direct and / or circumstantial evidence .

Question 20

Explain R v Horry

Answer 20

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 account for.

Question 21

What is meant by the term “justified”. Provide two examples

Answer 21

• Some acts are justified when they result in death. Section 2 provides that when an act is justified the perpetrator is exempt from criminal and civil liability.
• Examples of such acts
  Homicide committed in self defence (s48)
  Homicide committed to prevent suicide or commission of an offence which be likely to cause immediate and serious to the person or property of anyone (s41)

Question 22

What is the difference between murder and manslaughter

Answer 22

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.