Culpable Homicide

Question 1

The two critical factors to consider for a charge of murder are whether the offender intended to?

Answer 1

1. Kill the person, or 2. Cause bodily injury that the offender knew was likely to cause death

Question 2

You can charge an offender with manslaughter in any cases where a person has been killed in a manner that does not amount to murder. Provide two examples.

Answer 2

1. The offender failed to perform a legal duty, such as getting an ill or injured person medical treatment 2. The offender driving while intoxicated and running someone over killing them - the offender has acted unlawfully by driving while intoxicated, but did not envisaged the possibility of death occurring

Question 3

What is the survivor of a suicide pact liable to be charged with?

Answer 3

Only manslaughter

Question 4

Define ‘Homicide’

Answer 4

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

Question 5

In relation to manslaughter, can an organisation be convicted?

Answer 5

An organisation can be convicted as a party to the offence (section 66(1))

Question 6

In relation to murder, can an organisation be convicted?

Answer 6

An organisation cannot be convicted as either a principle offender or a party to the offence. This is because the offence carries a mandatory life sentence.

Question 7

Outline the case law for Murray Wright Ltd

Answer 7

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.

Question 8

State the definition of Section 159 of the Crimes Act 1961 which relates to killing of a child

Answer 8

(1) 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, whether it has an independent circulation or not, and whether the navel string is severed or not. (2) The killing of such child is homicide if it dies in consequence of injuries received before, during, or after birth.

Question 9

State the definition of Culpable Homicide as per Section 160 of the Crimes Act 1961

Answer 9

(1) Homicide may be either culpable or not culpable. (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 a 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 years or a sick person. (3) Except as provided in section 178 of this Act, culpable homicide is either murder or manslaughter. (4) Homicide that is not culpable is not an offence.

Question 10

Define the term ‘unlawful act’ as per Section 2 of the Crimes Act 1961

Answer 10

Unlawful Act - means a breach of any Act, regulation, rule, or bylaw.

Question 11

Outline the case law that relates to unlawful acts

Answer 11

R v Myatt - [Before a breach of any Act, regulation or bylaw would be an unlawful act under S160 for the purposes 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.

Question 12

Provide three examples of culpable homicide caused by the actions prompted by threats, fear of violence or deception

Answer 12

1. When a person jumps or falls out of a window and dies because they think they were going to be assaulted. 2. When a person jumps into a river to escape an attack and drowns. 3. When a person who has been assaulted and believes their life is in danger, jumps from a train and is killed.

Question 13

Provide an example of killing by influence on the mind

Answer 13

A man took tests at a hospital for an ongoing stomach problem. “For a joke”, a hospital employee sent him a letter saying he had terminal, inoperable cancer. If the man had, as a consequence, committed suicide, the sender of the letter could be charged under S163.

Question 14

State the legislation of S163 - Killing by influence on the mind

Answer 14

No one is criminally responsible for the killing of another by any influence on the mind alone, except by wilfully frightening a child under the age of 16 years or a sick person, nor for the killing of another by any disorder or disease arising from such influence, except by wilfully frightening any such child as aforesaid or a sick person.

Question 15

Can you consent to death?

Answer 15

No - No one has the right to consent to being killed (S63). This means that, if someone is killed, the fact that they gave their consent will not affect the criminal responsibility of anyone involved with the killing.

Question 16

Can you be charged in relation to causing a death from a lawful contest or game such as boxing?

Answer 16

The death of a participant from injuries received during the game or contest is normally treated as non-culpable homicide. However, is a contestant causes the death of another by an act that is likely to cause serious injury, they will be guilty of manslaughter.

Question 17

Name the three points to prove death in relation to culpable homicide.

Answer 17

1. The death occurred. 2. The deceased is identified as the person who has been killed. 3. The killing is culpable. *Death can be proved by direct and/or circumstantial evidence.

Question 18

Outline the case law of R v Horry, which relates to when a body is not located

Answer 18

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

Question 19

Provide two examples of act “justified” even when they result in death

Answer 19

1. Homicide committed in self-defence (S48). 2. Homicide committed to prevent suicide or commission of an offence which would be likely to cause immediate and serious injury to the person or property of anyone (S41).

Question 20

Outline the legislation of S162 of the Crimes Act 1961

Answer 20

S162 Death must be within a year and a day (1) No one is criminally responsible for the killing of another person unless the death takes place within a year and a day after the cause of death. (2) The period of a year and a day shall be reckoned inclusive of the day on which the last unlawful act contributing to the cause of death took place. (3) Where the cause of death is an omission to fulfil a legal duty, the period shall be reckoned inclusive of the day on which such omission ceased. (4) Where death is in part caused by an unlawful act and in part by an omission, the period shall be reckoned inclusive of the day on which the last unlawful act took place or the omission ceased, whichever happened last.