Culpable Homicide Flashcards
What is voluntary CH?
Would be murder but for a partial defence (mens rea and actus reus present)
What is Involuntary CH?
Unlawful - acts like assault that result in death
Lawful - Recklessly causing someones death. Legality of underlying act is irrelevant.
What case shows that it is irrelevant if the victim was susceptible to more serious injury? (thin skull)
Bird
What is the mens rea for unlawful act CH?
The mens rea of the original involuntary act (recklessness).
What does MacAngus tell us about unlawful acts?
They are not automatically CH. Have to take into account other features. In this case the type of drug supplied and the user it was supplied to.
unlawful acts directed at victim likely to be CH.
What is the mens rea of lawful act CH?
Recklessness
Why might drugs supply be better charged under lawful act CH?
Because the illegality of the crime is irrelevant . Just need reckless element.
What case shows the complexity of unlawful act CH. Proves limitations on notion of ‘directed against’ victim? Suggest that act does not need to be aimed at the victim.
Lourie
Which case is authority on recklessness in context of lawful act CH? What is the defintion?
Paton - something that shows gross, or wicked, or criminal negligence. A criminal indifference to the consequences.
What did the case of Transco suggest about mens rea?
There must be an awareness of the risk involved. If there is no awareness there is no mens rea.
When can there be corporate homicide?
If the directing mind and will of company has the necesary mens rea.
Which case of wilful fire rasing was charged as CH because of the way in which the fire was started?
Sutherland
