Culpable Homicide Flashcards
Definition of homicide:
Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever.
Homicide must be culpable to be an offence.
What are the critical factors to consider for a charge of murder?
Whether the offender intended to:
- kill the person or
- cause bodily injury that the offender knew was likely to cause death
Where does the burden of proof regarding intent rest?
With the prosecution.
Define Section 159 (1) Killing of a Child:
A child becomes a human being when it has proceeded in a living state from it’s mother, whether it has breathed or not, has circulation or not and whether the naval string has been severed or not.
Define Section 159 (2) Killing of a Child:
The killing of such a child is homicide if it dies in consequence of injuries received before, during or after birth.
Explain Culpable Homicide Section 160 (2):
Homicide is culpable when it consists in the killing of any person
(a) by an unlawful act
(b) by an omission without lawful excuse to perform or observe any legal duty
(c) by both combined
(d) by causing that person by threats or fear of violence or by deception to do any act which causes death
(e) by wilfully frightening a child under 16 or a sick person
What does an ‘Unlawful Act’ mean?
Any breach of any Act, regulation, rule or bylaw
What does common law require that the unlawful act must be?
One that is likely to do harm or is inherently “dangerous”, as well as being unlawful.
Explain Section 150A: Standard of care applicable to persons under legal duties
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 circumstances.
Examples where allegations of culpable homicide have been supported where the offender has caused death
- Arson
- Giving a child an excessive amount of alcohol
- Supplying heroin to a person who subsequently dies
- Throwing concrete from a motorway overpass onto cars
- Conducting an illegal abortion where the mother dies
Explain Section 160(2)(b) Omission to perform legal duty
Culpable homicide includes any death caused by an omission, without lawful excuse, to perform or observe any legal duty.
(This covers cases where nothing is done where there is legal duty to act)
What does the Crimes Act define as ‘duties’?
151: Provide the necessaries and protect from injury
152: Provide necessaries and protect from injury to your charges when you are a parent or guardian
153: Provide necessaries as an employer
155: Use reasonable knowledge and skill when performing dangerous acts, such as surgery
156: Take precautions when in charge of dangerous things
157: Avoid omissions that will endanger life
Can omission of legal duties result to Homicide?
Yes, it must have been a substantial and operative cause of death
Explain Section 160 (2)(d) Threats, fear or violence and deception AND what you must prove:
A person is guilty of culpable murder if they cause the victim by threats, fear of violence or deception to do an act that results in their death.
You must prove that the fear of violence was well founded, but you do not need to know that the deceased’s action was the only means of escape.
Examples of culpable homicide by threats, fear or deception:
- Jumps or falls out of a window and dies because they think they are going to be assaulted.
- Jumps into a river to escape an attack and drowns
- Who has been assaulted and believes their life in danger, jumps from a train and dies
