Culpable Homicide

Question 1

Homicide defined

Answer 1

Section 158, CA61

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

Question 2

Manslaughter (organization)

Answer 2

Can be convicted as a party under 66(1)

Question 3

Murder (organization)

Answer 3

Can not be convicted as either a party or principle - because it carries a mandatory life sentence

Question 4

‘Murray Wright Ltd’ - case law

Answer 4

Because the killing must be done by a human being, an organization cannot be convicted by a principle offender

Question 5

Killing of a child

Answer 5

Section 159, CA61
159(2) The killing of such child is homicide if it dies in consequence of injuries received before, during or after birth

Question 6

Culpable homicide

Answer 6

Section 160 CA61

(1) H. may be culpable or not culpable
(2) H. is culpable when it consist ok killing of any person by;
a) Unlawful act
b) An omission without lawful excuse to perform or observe any legal duty, or
c) by both combined
d) By causing that person by threats, fear of violence, deception to do an act which causes his death
e) Wilfully frightening a child under the age of 16, or a sick person

Question 7

Unlawful Act

Answer 7

Means a breach of any Act, regulation, rule or bylaw

Question 8

R v Myatt

Unlawful Act

Answer 8

…it must be an act likely to do harm to the deceased or to some class of person whom he was one

Question 9

Section 150A

Answer 9

Applies to any case where the unlawful act requires proof of negligence, or is a strict or absolute liability offence

Question 10

Section 160(2)(b)
Omission to perform legal duty

Answer 10

Cover where nothing is done and there is a legal duty to act

Question 11

Section 160(2)(d)
Threats, violence and deception

Answer 11

Eg.
Jumping out of window to avoid assault & dies
Jumps into river to avoid assault and drowns

Question 12

R v Tomars

(Threats, violence, deception

Answer 12

1. Was deceased threat, in fear or deceived by def
2. if they were, did threats, fear, decept. cause them [to do the act that caused their death
3. Was the act a natural conseq. of defs actions, could the def reasonable foreseen the conseq.
4. did these foreseeable actions of the victim contribute to his death

Question 13

Killing by influence of the mind

Answer 13

Section 163
Applies to someone who mentally tortures another person who is already mentally / physically sick so they have a breakdown and 1X

Question 14

Consent to death

Answer 14

Section 63

No one has righ to consent o being killed

Question 15

Proof of death

Answer 15

Must prove;

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

Question 16

R v Horry

where body is not located

Answer 16

Death should be provable by such circumstances as render it morally certain & leave no ground for RD - that circums. evi. should be so compelling as to convince a jury no rational hypothesis other than murder

Question 17

Justification - non culpable homicide

Answer 17

Homicide committed in self defense (s48)

Homicide committed to prevent suicide or commission of an offence (s41)

Question 18

Section 162

Answer 18

Death must occur 1 year and 1 days after the cause of death

Question 19

Three main types of culpable homicide

Answer 19

Murder
Infanticide
Manslaughter

Question 20

Critical distinction btw murder and manslaughter

Answer 20

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