Culpable Homicide Flashcards
What is the difference between murder and culpable homicide?
Difference between in the mens Rea
What is the definition of culpable homicide and what case defines it?
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
What is the mens Rea for culpable homicide?
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
What are the 4 categories of culpable homicide?
Assault type, involuntary by an unlawful act, involuntary by a lawful act and voluntary act
What is assault type culpable homicide?
Death brought about by a delivery unlawful act such as assault
Is there a causal link between death from an assault type culpable homicide?
Death is casually linked to the assault but may not be the foreseeable outcome of the assault
What does HMA v Hartley show us about death by an unlawful act?
Where death is brought about by an unlawful act including assault it is always homicide and always culpable
Is foreseeability relevant for assault type culpable homicide and what case shows this?
NO
Bird v HMA
Died of heart attack after assault and accused assumed risk of liability
Can you plead provocation for assault type culpable homicide?
Partial defence can only reduce level of culpability from murder to culpable homicide
Cannot reduce culpable homicide to assault
What are the requirements for provocation?
- Must be either a serious physical attack or evidence of adultery
- Loss of self control
- Response must be immediate
- Proportionate response by the accused
What case demonstrated a successful plea of provocation?
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
What is involuntary culpable homicide by an unlawful act (not assault)?
Accused commits a crime and through their criminal actions causes a death even although the death was unintentional
What is the actus reus for involuntary culpable homicide by an unlawful act?
Death results from unlawful act
What is the mens Rea for involuntary culpable homicide by an unlawful act?
The unlawful act is carried out in such a manner that injury is foreseeable
What case shows that death from wilful fire raising is involuntary culpable homicide by an unlawful act?
Mathieson v HMA
Unlawful act of wilful fire raising resulted in death and accused charged with culpable homicide
What case shows a lack of a casual link in culpable homicide by an unlawful act?
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
What is culpable homicide by a lawful act?
Death caused by the grossly careless manner of performing an otherwise lawful act
What is the mens Rea of culpable homicide by a lawful act?
Simple recklessness
What case displays simple recklessness?
Paton v HMA
Death caused by reckless driving and accused found guilty of culpable homicide
What is culpable homicide by a voluntary act?
Accused has mens Rea for murder but can successfully plead provocation or diminished responsibility
What case successfully plead provocation for culpable homicide by a voluntary act?
Drury v HMA
What is prosecutorial discretion?
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
How can an organisation commit corporate homicide?
If the way its activities are managed cause death and there was a gross breach of a duty of care to that person
