Culpable Homicide

Question 1

Define homicide

Answer 1

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

It must be culpable to be an offence (deserving blame).

Question 2

Can an organisation be convicted of murder or manslaughter?

Answer 2

Manslaughter - can be convicted as a party

Murder - cannot be convicted as a party or principal offender because it carries a life sentence

Question 3

Explain the case law around Murray Wright Ltd

Answer 3

Because the killing must be done by a human being, an organisation cannot be convicted as a principal offender.

Question 4

What is culpable homicide? And what are the three types?

Answer 4

The blameworthy killing of a person by another

• murder
• manslaughter
• infanticide

Question 5

What is the critical distinction between murder and manslaughter?

Answer 5

Whether the offender intended to kill the deceased or to harm them in a way they knew might result in death

Question 6

To establish death, what three things must you prove?

Answer 6

• death occurred
• deceased is identified as the person who has been killed
• the killing is culpable

Question 7

What are the 5 ways that constitute culpable homicide?

Answer 7

• by an unlawful act
• by an omission without legal excuse to perform or observe any legal duty
• by both combined (unlawful act and omission)
• by threats, fear of violence or deception which causes death
• by wilfully frightening a child <16 or a sick person

Question 8

Define ‘unlawful act’

Answer 8

Any breach of any act, regulation, rule or bylaw

R v Myatt: it must be an act likely to do harm to the deceased

Question 9

What was found in R v Lee in relation to ‘harm’

Answer 9

‘Some’ harm means more than trivial harm

Question 10

Provide examples of being criminally responsible when there is a standard of care when under legal duties or performing unlawful acts

Answer 10

• arson
• giving child alcohol
• supplying heroin to someone who has an overdose
• throwing concrete from a motorway over bridge
• illegal abortion and the mother dies

Question 11

What was found in R v Tomars
(Death cause by fear, threats, deceived)

Answer 11

1. Was the deceased threatened by, in fear of or deceived by the defendant
2. Did this cause the deceased to do the act that caused the death
3. Was the act a natural consequence of the defendant’s actions
4. Did these actions contribute in a significant way to their death

Question 12

When does a child become a human?

Answer 12

When it has completely proceeded in a living state from the body of its mother, breathing or not, independent circulation or not, navel string severed or not.

This killing of such child is homicide if it dies in consequence of injuries received before, during or after birth.

Question 13

Discuss case law around a body not being located

Answer 13

R v Horry: the circumstances of the death should be so cogent and compelling that the jury would have no doubt that the death had occurred

Question 14

Provide two examples of when acts are justified even when they result in death? (Non culpable homicide)

Answer 14

• homicide committed in self defence
• homicide committed to prevent suicide or an offence that would likely cause immediate and serious injury to person or property

Question 15

What is the legal view of consent to death?

Answer 15

S63 - the law does not recognise the right of a person to consent to being killed. Their consent does not affect the criminal responsibility of anyone else involved in the killing.

Question 16

Is a body required to prove the death of a person?

Answer 16

No a body is not required. Death should be provable by such circumstances as render it morally certain and leave no ground for reasonable doubt.

Question 17

Would you be charged if you fatally injure another player during a rugby match?

Answer 17

No not unless your actions would be considered likely to cause serious injury