Culpable Homicide Flashcards
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 a principal offender
R v Myatt (Unlawful Act s160)
Before a breach of any act, regulation or bylaw would be an unlawful act under section 160 for 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.
R v Tomars
Tomars formulates the issues in the following way:
1. Was the deceased threatened by, in fear of or deceived by the defendant?
2. If they were, did the threats, fear or deception cause the deceased to do the act that caused their death?
3. Was the act a natural consequence of the defendant’s actions in that a reasonable and responsible person in the defendant’s position could have foreseen the consequences?
4. Did these foreseeable actions contribute to his death?
Definition of Homicide – Section 158
Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever.
Definition of killing a child – Section 159
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.
- it has an independent circulation or not.
- the navel string is severed or not.
The killing of such child is homicide if it dies from injuries received before, during or after birth.
Definition of Culpable Homicide – Section 160(2)
Homicide is culpable when it consists in the killing of any person:
(a) By an unlawful act : 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 an act which causes their death: or
(e) By wilfully frightening a child under 16 or a sick person.
Definition of Unlawful Act
Unlawful act means a breach of any act, regulation, rule or bylaw
In common law, allegations of Culpable Homicide have been supported where the offender has caused death by:
- Committing arson
- Giving a child an excessive amount of alcohol to drink
- Supplying heroin to a person who subsequently dies from an overdose
- Throwing a large piece of concrete from a motorway over bridge into the path of an approaching car
- Conducting an illegal abortion where the mother dies
- Examples of Non-Culpable Homicide acts:
- Homicide committed in 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).
No one is criminally responsible for the killing of another by any influence on the mind alone except by: - Section 163
- Wilfully frightening a child under the age of 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.
What does the expression “Legal Duty” refer to?
Duties imposed by statute or common law including uncodified common law duties.
What does the Crimes Act define Legal Duties as?
- Duty to provide the necessaries and protect from injury (s151)
- Duty of parent or guardian to provide necessaries and protect from injury (s152)
- Duty of employers to provide necessaries (s153)
- Duty of persons doing dangerous acts (s155)
- Duty of persons in charge of dangerous things (s156)
- Duty to avoid omissions dangerous to life (s157)
Examples of Culpable Homicide caused by actions prompted by threats fear of violence or deception:
- When a person jumps or falls 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.
- Three main divisions of Culpable Homicide:
- Murder
- Manslaughter
- Infanticide
To establish the death, you must prove that:
- Death occurred
- Deceased is identified as the person who has been killed
- The killing is culpable
