Culpable Homicide

Question 1

What are the critical factors to consider for a charge of murder?

Answer 1

Whether the person intended to :

• kill the person, or
• cause bodily injury that the offender knew was likely to cause death.

If neither can be proved the most likely charge is manslaughter.

Question 2

What is the culpability of organisations or companies in murder and manslaughter?

Answer 2

• Murder: an organisation cannot be convicted as either a principal offender or a party to the offence. This is because the offence carries a mandatory life sentence.
• Manslaughter; an organisation can be convicted as a party to the offence (section 66(1))

case law: (Murray Wright Ltd)

Question 3

Explain consent to death…

Answer 3

No one has the right to consent to being killed (s63). This means that, if someone is killed, the fact they gave their consent will not affect the criminal responsibility of anyone else involved with the killing.

Question 4

What is the time limit for culpability of death?

act/section

Answer 4

S162 CA61

(1) No one is criminally responsible for the killing of another unless the death takes place within a year and a day after the cause of death.
(2) & (3) this is inclusive of the day on which the last unlawful act contributing to the cause of death took place, the day on which such omission ceased, or whichever happened last.

Question 5

When does sec 150A apply, and when will the person be criminally responsible?

Answer 5

150A applies to any case where the unlawful act under sec 160(2)(a) requires proof of negligence.

A person will only be criminally responsible if the unlawful act was a major departure from the standard of care expected from a reasonable person in the circumstances.

Question 6

List 6 examples where culpable homicide is an unlawful act (160(2)(a)) requiring proof of negligence under sec 150A:

Answer 6

• arson
• giving a child excessive amounts of alcohol
• placing hot cinders and straw on a drunk person
• giving heroin to a person who then ODs
• throwing bricks from a bridge onto moving vehicles below
• illegal abortion in which the mother dies.

Question 7

What are the 6 common law duties as defined in sec150A(1) CA61 and relating to Sec 160(2)(b)

Answer 7

(omissions to perform legal duties)

• provide the necessaries and protect from injury (s151)
• provide the necessaries and protect from injury to charges under your care when you are parent or guardian (s152)
• provide necessaries as an employer (s153)
• use reasonable knowledge and skill when performing dangerous acts, such as surgery (s155)
• take precautions when in charge of dangerous things, machinery (s156)
• avoid omission that will endanger life (s157)

Question 8

what 3 things must be proved to establish death in homicide?

Answer 8

• death occurred
• the deceased is identified as the person killed
• the killing is culpable

the killing can be proved by direct and/or circumstantial evidence.

Question 9

What are the 8 specified offences under section 168?

Answer 9

• Treason
• piracy
• sexual violation
• murder
• abduction
• robbery
• burglary
• arson