CULPABLE HOMICIDE Flashcards
What is a person likely to be charged with who survives a suicide pact?
Manslaughter
CA61 S158 Homicide
Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever.
Can an ORGANISATION be convicted as a party to MANSLAUGHTER?
Yes
Can an ORGANISATION be convicted as a PRINCIPAL or a PARTY to MURDER?
No. It can’t be convicted of either.
What is the case law for an ORGANISATION being a party to MURDER?
MURRAY WRIGHT LTD
Because the killing must be done by a human being, an ORGANISATION cannot be convicted as a principal.
CA61 S159
When is a child a human?
When does it become murder to kill that human?
They are a human being when they have completely proceeded from the body of its mother.
If it dies as a consequence of injuries caused before, during, or after birth.
What is meant by the term CULPABLE HOMICIDE
The killing is BLAMEWORTHY
CA S168 CULPIBALE HOMICIDE
List 5 acts through which a person could be guilty of killing any person:
(a) an UNLAWFUL act
(b) Omission
(c) Both combined
(d) Causing a person to end their own life
(e) Frightening a SICK person or person UNDER 16.
Culpibale Homicide can only be which 2 types of killing:
Manslaughter
Murder
CA61 S160(2)(a)
The UNLAWFUL act that results in death must also be…
One that is likely to do harm or is INHERENTLY DANGEROUS.
What is the case law for an UNLAWFUL act that is inherently DANGEROUS?
R v MYATT
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 DO HARM TO THE DECEASED or to some class of persons of whom he was one.
What did the court in R v Lee say about the Common Law understanding of what it is to be “INHERENTLY DANGEROUS”?
It must be OBJECTIVELY DANGEROUS and “some harm” must mean more than TRIVIAL.
What is required to be proved if NEGLIGENCE is the cause of death? (Section150A).
There needs to be a major departure from the STANDARD OF CARE
Give 4 examples of Culpable Homicide involving a major departure from a standard of care:
(1) Committing ARSON
(2) Giving excessive amount of ALCOHOL to a child to drink
(3) supplying HEROIN causing death
(4) Throwing CONCRETE block off an overpass into traffic
What is meant by the expression “legal duty”?
Duties imposed by STATUTE
What are some examples of LEGAL DUTY as defined by the Crimes Act (s151 - 157)?
(1) Provide the NECESSARIES and protect from harm
(2) USE REASONABLE SKILL when PERFOMING DANGEROUS ACTS (such as surgery)
(3) Take PRECAUTIONS when in charge of dangerous things
(4) Avoid OMISSIONS that will endanger life
What is meant by “a substantial and operative cause of death”?
Death would not have occurred had the defendant performed the duty in question
S160(2)(d)
For threats, fear of violence and deception to make the defendant culpibale for the victims death, what must be proved?
That the victims actions could be REASONABLY FORESEEN
What did R v Tomars formulate regarding threats, fear or deception causing death? (4 steps)
(1) Was the deceased? THREATENED, in fear, or deceived
(2) Did this CAUSE the deceased to do the act causing their own death?
(3) Was this act REASONABLY FORESEEABLE?
(4) Did the VICTIMS ACTIONS CAUSE their death?
What is an example of culpable homicide prompted by threats, fear, or deception?
A person fatally injuring themselves trying to get away from it.
E.g. Jumping out a window or from a moving vehicle or drowns trying to cross a river.
(If the exam question asks for examples just give various examples of ways a person could kill themself trying to escape)
S160(2)(c)
What is required for someone to be culpable of Frightening a person under 16 or a sick person:
(1) The must be aware of the RISK the person was under 16 or sick
(2) INTENDING to frighten or be RECKLESS as to this.
S163
What is KILLING BY INFLUENCE ON THE MIND?
Mentally torturing a mentally I’ll person or a child under 16, thus driving them to suicide.
A hospital staff member joking with a patient that they have cancer then the patient goes and kills themself as a result
S63
Is it a defence that the person CONSENTS to being killed?
No. S63 disallows a person to consent to being killed.
To establish the death, what must you prove:
(1) The death OCCURRED
(2) The person dead is the one killed
(3) the killing is culpable
What case law applies to where NO BODY is located?
Horry:
Death should be proved by such circumstances as render it MORALLY CERTAIN and leave no grounds for REASONABLE DOUBT.
What are 2 examples where homicide is JUSTIFIED, and exempt from both CRIMINAL and CIVIL liability:
(1) SELF DEFENSE (s48)
(2) To prevent SUICIDE or SERIOUS INJURY to PERSON or PROPERTY (s41)
Others examples are only protected from CRIMINAL responsibility.
Is a defendant culpibale if life support is withdrawn in good faith?
No
Why can’t an ORGANISATION be charged with MURDER:
(1) because it is not a HUMAN
(2) an organisation can’t serve a LIFE SENTENCE
Can an ORGANISATION be charged with MANSLAUGHTER?
Only as a PARTY to the offence.
Does the doctrine of transferred malice apply to MURDER?
Yes it can be applied to murder.
