Culpable Homicide

Question 1

What is the definition of a homicide in legislation?

Answer 1

• section 158 CA61
• Homicide is the killing of a human being by another, directly or indirectly by any means whatsoever.
• Homicide must culpable for it to be an offence

Question 2

Murray Wright Ltd

Can a company be convicted as a principle offender to homicide?

Answer 2

• No, because the killing must be done by a human being, an organisation (such as a hospital or food company) cannot be convicted as a principle offender.

However in cases of:

• MS; an organisation can be convicted as a party to the offence (S 66(1))
• Murder; an organisation cannot be convicted as a principle offender or party because the offence carries a mandatory life sentence.

Question 3

Killing of a child

When does a child become a human being?

Answer 3

• S 159 CA61

(1) A child becomes a human being within the meaning of this act when they completely proceeded in a living state from the body of the mother, whether it has breathed or not, whether it has independent circulation or not, whether the navel string has been severed or not.

(2) The killing of such a child is homicide if it dies as a consequence of injures received before, during or after birth.

Question 4

Culpable homicide

What constitutes culpable homicide?

Answer 4

• S160 (CA61)

(1) Homicide may be either culpable or not culpable.
(2) Homicide is culpable when it consists of the killing of any person -

(a) by an unlawful act; or
(b) by 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 age of 16 or a sick person.

Question 5

R v MYATT

Unlawful act

Answer 5

Before a breach of any act, regulation or bylaw would be an unlawful act under s160 for the purpose of culpable homicide, it must be an act likely to cause harm to the deceased or to some class of persons of which he was one.

Question 6

R v TOMARS

Answer 6

Culpable homicide - by threats, fear of violence or deception

Question 7

What 4 questions formulate the issues?

Answer 7

1. Was the deceased threatened by, in fear of or deceived by the defendant?
2. If they were, did such threats, fear of violence or deception cause the deceased to do the act that caused their death?
3. Wa she act a natural consequence of the actions of the defendant, in a sense that reasonable and responsible people in the defendant’s position at the time could have reasonably have foreseen the consequences?
4. Did these foreseeable actions S of the victim contribute in a significant way to his death?

Question 8

Killing by influence on the mind

What is the criminal responsibility?

Answer 8

Section 163 CA61

• no one is criminally responsible for the killing of another by any influence in the mind alone, except by wilfully frightening a child under 16 or a sick person.

Question 9

Consent to death

Does anyone have the right to consent to being killed?

Answer 9

Section 63 CA61

• No one has the right to consent to being killed.

This means that if someone is killed, the fact they gave their consent will not affect the criminal responsibility of anyone else involved in the killing

Question 10

R v HORRY

Where body is not located

Answer 10

• Death should be provable by such circumstances as render it morally certain and leave no grounds for reasonable doubt -
  That the circumstantial evidence should be so cogent (clear) and compelling as to convince a jury that upon no rational hypothesis other than murder can the facts be accounted for.

Question 11

Culpable homicide (Time limit)

S162 CA61

Explain the issue of limit regarding homicide

Answer 11

(1) No one is criminally responsible for the killing of another unless the death takes place with a year and one day after the cause of death.

Will be inclusive of the day on which the last unlawful act contributing to the cause of death took place, the day on which such omission ceased, or whichever happened last.

Question 12

Omission to perform legal duties

Section 160 (2)(b) CA61

Answer 12

Culpable homicide includes any death caused by an omission, without lawful excuse to perform or observe any legal duty as defined by section 160(2)(b)

This covers cases where nothing is done when there is a legal duty to act.

Question 13

What does the term “legal duty” refer to?

Answer 13

• Duties imposed by statute or common law in deciding …. Common law duties

Question 14

What does CA61 defines duties to?

Answer 14

• 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 as surgery (s155)
• take precautions when in charge of dangerous things, such as machinery (s156)
• avoid omissions that will endanger life (s157)

Question 15

Can omission of duties amount to homicide?

Answer 15

Yes, it must appear that the death would not have occurred as and when it did had the defendant performed the duty in question.

It must also have a “substantial and operative cause of death”.

Question 16

Death from unlawful games or contests.

How is death normally treated when someone dies as a result of injuries received during a game?

Answer 16

• Non culpable homicide

Question 17

Could death from a game be treated as manslaughter?

Answer 17

Yes, if contestant causes death of another by an act that is likely to cause serious injury l, they would be guilty of MS.

Question 18

Proof of death

What must you prove to establish death?

Answer 18

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

Death can be proved by direst a!d/or circumstantial evidence.

Question 19

Exception of justification (Non culpable homicide)

Are some acts that result in death justified?

If so, what are some examples?

Answer 19

• Yes s2 provides that when an act is justified the perpetrator is exempt from both criminal or civil liability.

Example:
- homicide committed in self defence (s48)

• homicide committed to prevent suicide it commission of an offence which would cause serious and immediate injury to the person or property of anyone (s41)