Culpable Homicide

Question 1

Homicide is the killing of one human by another.

Before a homicide can become a criminal charge, it must be proved that the killing was _____________

Answer 1

Culpable

Question 2

What are the critical factors to consider for a charge of murder?

Whether the offender intended to:

Answer 2

• kill the person or
• cause bodily injury that the offender knew was likely to cause death

Question 3

In terms of proving murder vs manslaughter (ie the offenders intent) who has the burden of proof?

Answer 3

The prosecution

Question 4

If you can’t prove the offender intended to kill the person or cause injury that they knew was likely to cause death, what is the most likely charge?

Answer 4

Manslaughter

Question 5

Define Homicide

Answer 5

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

Question 6

Is homicide an offence?

Answer 6

No. Homicide must be culpable to be an offence!

Question 7

In regard to organisations, which case law explains why organisation cannot be convicted with murder?

Answer 7

Murray Wright Ltd

(Because the killing must be done by another human being)

Question 8

What does Murray Wright Ltd speak to?

Answer 8

Because the killing must be done by another human being, an organisation (such as a hospital) cannot be convicted as a principal offender

Question 9

S159: Killing of a child

When does a child become a human being?

Answer 9

when it has completely proceeded in a living state from the body of its mother,

whether breathed or not, whether independent circulation or not, and whether naval string severed or not.

Question 10

Define “culpable homicide”

Answer 10

The killing is blameworthy

As per s160: homicide is culpable when it consist of killing someone by
- an unlawful act
- an omission without lawful excuse to perform any legal duty
- by causing that person by threats or fear of violence or by deception to do an act with causes his death
- wilfully frightening a child <16 or sick person

Question 11

Define “unlawful act”

Answer 11

A breach of any act, regulation, rule or bylaw

NB common law also required the act to be dangerous, as well as unlawful (R v Myatt)

Question 12

What does R v Myatt speak to?

Answer 12

Before any breach of act/regulation/bylaw is an “unlawful act” it must be an act likely to do harm to the deceased

I.e. a breach of electoral law, though unlawful, isn’t inherently dangerous

Question 13

Culpable homicide by Unlawful act … the act must be also objectively dangerous.

What does “objectively dangerous” mean?

Answer 13

Would a reasonable person in the shoes of the defendant know the risk of harm existed?

(Some harm means more than trivial harm)

Question 14

As per “standard of care applicable to persons under legal duties or performing unlawful acts” a person will only be criminally responsible if the unlawful act is a _________ _________ from the standard of care expected

Answer 14

major departure

Ie giving a child excessive amount of alcohol

Question 15

Explain culpable homicide by “omission to perform legal duty”

Answer 15

This covers where nothing is done when there’s a legal duty to act. Can be manslaughter, or murder if sufficient mens rea.

Question 16

List what is meant by “legal duty”

Answer 16

• provide necessaries and protect from injury
• provide necessaries and protect from injury when you are a parent/guardian
• provide necessaries as an employer
• use reasonable knowledge & skill when performing dangerous acts ie surgery
• take precautions when in charge of dangerous things
• avoid omissions that will endanger life

Question 17

Can omission of legal duties amount to homicide?

Answer 17

Yes! It’s covered under 160(2)(b)

But remember it must have been a “substantial and operative cause of death”

Question 18

Explain culpable homicide by “threats, fear of violence and deception”

Answer 18

You must prove fear of violence was well founded

BUT! You don’t need to show that the deceased’s action was the only means of escape

Refer to R v Tomars

Question 19

What does R v Tomars refer to?

Answer 19

culpable homicide by “threats, fear of violence and deception”

1. Was the deceased threatened by, in fear of, or deceived by the defendant?
2. If so, did the threats/fear/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 (ie a reasonable person in the defendants shoes could reasonably have foreseen the consequences)
4. Did these foreseeable actions of the victim contribute in a significant way to their death

Question 20

When discussing culpable homicide by “threats, fear of violence and deception” what case law should be included?

Answer 20

R v Tomars

Question 21

What are some examples of culpable homicide by “threats, fear of violence and deception”

Answer 21

• jumps out of window and does because they think they’re going to be assaulted
• jumps into a river to escape an attack and drowns

Question 22

Explain culpable homicide by “frightening a child or sick person”

Answer 22

Must be done wilfully

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

Question 23

S163- Killing by influence on the mind

Explain whether this is an offence?

Answer 23

Killing by influence on the mind alone is not a crime.

“No one is criminally responsible for the killing of another by any influence on the mind, except by wilfully frightening a child/sick person”

Ie you’d be charged if you mentally tortured a person who is already mentally or physically sick, so that the victim has a mental breakdown and commits suicide

Question 24

Can you consent to death?

Answer 24

No! No one has the right to consent to being killed. So if someone is killed, the fact they gave consent has no bearing on the criminal responsibility of anyone else involved

Question 25

What would you be liable for if you killed someone in a lawful game or contest such as wrestling?

Answer 25

Normally this would be treated as a non-culpable homicide.

But if the death was due to an act that was likely to cause serious injury, then they will be guilty of manslaughter

Question 26

What 3 things must you prove to establish death?

Answer 26

1. Death occurred
2. Deceased is identified as the person killed
3. The killing was culpable

(Can be proved by direct and/or circumstantial evidence)

Question 27

What does R v Horry refer to?

Answer 27

“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 accounted for”

Ie where a body has not be located

Question 28

What case law should you refer to when discussing the use of circumstantial evidence to prove death

Answer 28

R v Horry

Question 29

What are two examples of non-culpable homicide? (Exceptions of justification)

Answer 29

• homicide committed in self-defence (s48)
• homicide committed to prevent suicide or commission of an offence which would be likely to cause immediate and serious injury to the person (s41)

Use of force is limited to that which is reasonably necessary

The above two examples are protected from criminal and civil liability. Other non-culpable homicides are only protected from criminal liability.

Question 30

What is meant by “no indefinite liability”

Answer 30

This rule means a defendant will not be relieved of responsibility merely because a life support system is turned off in good faith.

Question 31

What are the 3 main types of culpable homicide?

Answer 31

1. Murder
2. Manslaughter
3. Infanticide