Culpable Homicide

Question 1

What was held in R v Murray Wright

Answer 1

Organisation - manslaughter only
Murray Wright Ltd
Because the killing must be done by a human being, an organisation like a hospital or food company cannot be convicted as the PO

Question 2

What was held in R v Myatt

Answer 2

S160(2)(a) - unlawful act
R v Myatt
(Before a breach of any (ARB) 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 persons of whom he was one.

Question 3

What was held in R v Tomars

Answer 3

S160(2)(d) Threats, fear of violence and deception
Tomars
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 defendants 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 4

Define homicide and give section

Answer 4

S158
Homicide is the killing of a human being by another, directly or indirectly by any means whatsoever

Question 5

What is the definition of killing a child

Answer 5

s159
(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 independent CIRCULATION or not and, whether the naval string is severed or not
(2) the killing of a child is homicide if it dies in consequence of injuries received before during or after birth

Question 6

What is the definition of culpable homicide S160(2)

Answer 6

Homicide is culpable when it consists in the killing of any person:
A) by an unlawful act (CL MYATT) 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, fear of violence, or deception, to do any act which causes their death or
E) by wilfully frightening a child under 16 or sick person

Question 7

What is the definition of unlawful act

Answer 7

Unlawful act means a breach of any act, regulation, rule or bylaw (ARB)

Question 8

In COMMON LAW allegations of culpable homicide have been supported where the offender has caused death by?

Answer 8

Committing arson
Giving a child an excessive amount of alcohol to drink
Throwing a piece of concrete from the motorway over bridge into path of a oncoming vehicle
Conducting an illegal abortion where the mother dies

Question 9

No one is criminal responsible for the killing of another by any influence of the mind except by S163

Answer 9

• wilfully frightening a child under 16 years
• wilfully frightening a sick person
• the killing of another by any disorder or disease arising from such influence, except by wilfully frightening any child or sick person

Question 10

What are two examples of non culpable homicide acts

Answer 10

• homicide committed by self defence (s48)
• homicide committed to prevent suicide or the commission of an offence LIKELY TO CAUSE immediate and serious injury to any person or property (S41)

Question 11

What does the expression legal duty refer to?

Answer 11

Duties imposed by
statue or common law
including uncodified common law duties

Question 12

What does CA61 define as legal duties as 150A

Answer 12

s151 - duty to provide the necessaries and protect from injury
S152 - duty of parent or guardian to necessaries and protect from injury
S153 - duty to employers to provide necessaries
S154- abandon expose child 7yrs
S155 - duty of persons doing dangerous acts
S156 - duty of persons in charge of dangerous things
S157 - duty to avoid omissions dangerous to life

Question 13

What are the three main divisions of culpable homicide

Answer 13

Murder
Manslaughter
Infanticide

Question 14

What are 3 examples of culpable homicide caused by actions prompted by threats, fear of violence or deception?

Answer 14

When a person JUMPS from a window and dies because they are going to be ASSAULTED
When a person jumps into a river to escape an attack and drowns
When a person has been assaulted and believes their life is in danger and jumps from a train

Question 15

To establish death, you must prove that?

Answer 15

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

Question 16

What are the 2 critical factors to consider whether offender is to be charged with murder?

Answer 16

Offender intended to kill the person or
Cause bodily injury that the offender knew was likely to cause death

Question 17

What is meant by S160(2) in relation to omission to perform a legal duty

Answer 17

This covers cases where NOTHING is done
when there is a LEGAL duty to act
and
certain cases of POSITIVE conduct accomplished by a FAILURE to discharge a legal duty
in particular duty of care

Question 18

Define legal duty

Answer 18

Legal duty refers to the duties imposed by statue or common law including uncodified common law duties