Culpable Homicide

Question 1

What is the difference between murder and culpable homicide?

Answer 1

Difference between in the mens Rea

Question 2

What is the definition of culpable homicide and what case defines it?

Answer 2

Drury v HMA
Culpable homicide covers. the killing of human beings in all circumstances short of murder where the criminal law attaches a relevant measure of blame to the person who kills

Question 3

What is the mens Rea for culpable homicide?

Answer 3

If the ‘forbidden behaviour’ is not criminal unless performed with requisite state of mind
If wicked intention and wicked recklessness is not satisfied the lesser charge of culpable homicide is the correct one

Question 4

What are the 4 categories of culpable homicide?

Answer 4

Assault type, involuntary by an unlawful act, involuntary by a lawful act and voluntary act

Question 5

What is assault type culpable homicide?

Answer 5

Death brought about by a delivery unlawful act such as assault

Question 6

Is there a causal link between death from an assault type culpable homicide?

Answer 6

Death is casually linked to the assault but may not be the foreseeable outcome of the assault

Question 7

What does HMA v Hartley show us about death by an unlawful act?

Answer 7

Where death is brought about by an unlawful act including assault it is always homicide and always culpable

Question 8

Is foreseeability relevant for assault type culpable homicide and what case shows this?

Answer 8

NO
Bird v HMA
Died of heart attack after assault and accused assumed risk of liability

Question 9

Can you plead provocation for assault type culpable homicide?

Answer 9

Partial defence can only reduce level of culpability from murder to culpable homicide
Cannot reduce culpable homicide to assault

Question 10

What are the requirements for provocation?

Answer 10

1. Must be either a serious physical attack or evidence of adultery
2. Loss of self control
3. Response must be immediate
4. Proportionate response by the accused

Question 11

What case demonstrated a successful plea of provocation?

Answer 11

McDermott v HMA
Accused lost self control when discovered his partner had association with another man
Charge reduced from murder to culpable homicide as lack of necessary mens Rea for murder

Question 12

What is involuntary culpable homicide by an unlawful act (not assault)?

Answer 12

Accused commits a crime and through their criminal actions causes a death even although the death was unintentional

Question 13

What is the actus reus for involuntary culpable homicide by an unlawful act?

Answer 13

Death results from unlawful act

Question 14

What is the mens Rea for involuntary culpable homicide by an unlawful act?

Answer 14

The unlawful act is carried out in such a manner that injury is foreseeable

Question 15

What case shows that death from wilful fire raising is involuntary culpable homicide by an unlawful act?

Answer 15

Mathieson v HMA

Unlawful act of wilful fire raising resulted in death and accused charged with culpable homicide

Question 16

What case shows a lack of a casual link in culpable homicide by an unlawful act?

Answer 16

Lourie v HMA
2 boys entered a house and stole a handbag and elderly woman suffering a heart attack and died a few days later
Conviction quashed on appeal as lack of casual link between offence and death

Question 17

What is culpable homicide by a lawful act?

Answer 17

Death caused by the grossly careless manner of performing an otherwise lawful act

Question 18

What is the mens Rea of culpable homicide by a lawful act?

Answer 18

Simple recklessness

Question 19

What case displays simple recklessness?

Answer 19

Paton v HMA

Death caused by reckless driving and accused found guilty of culpable homicide

Question 20

What is culpable homicide by a voluntary act?

Answer 20

Accused has mens Rea for murder but can successfully plead provocation or diminished responsibility

Question 21

What case successfully plead provocation for culpable homicide by a voluntary act?

Answer 21

Drury v HMA

Question 22

What is prosecutorial discretion?

Answer 22

The crown may decide to prosecute certain crimes of homicide as culpable homicide

eg. mercy killings, suicide pacts where one died one survives, withdrawal of medical treatment

Question 23

How can an organisation commit corporate homicide?

Answer 23

If the way its activities are managed cause death and there was a gross breach of a duty of care to that person