Culpable Homicide

Question 1

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

Answer 1

Whether then offender intended to:

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

Question 2

Define homicide

Answer 2

s158

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

Question 3

Can an organisation be convicted of manslaughter?

Answer 3

Yes, as a party to the offence under s66(1)

Question 4

Can an organisation by convicted of murder?

Answer 4

No, because the offence carries a mandatory life sentence

Question 5

Caselaw - Murray Wright Ltd

Answer 5

Because the killing must be done by a human being, an organisation (such as a hospital or food company) cannot be convicted as a principal offender.

Question 6

When does a child become a human being?

Answer 6

s159
A child becomes a human being 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.
The killing of such child is homicide if it dies in consequence of injuries received before, during, or after birth.

Question 7

What constitutes culpable homicide?

Answer 7

s160(2)
homicide is culpable when it consists in the killing of any person -
a) by n unlawful act
b) by an omission without lawful excuse to perform or observe any legal duty
c) by both combined
d) by causing that person by threats or fear of violence, or by deception, to do an act which causes his death
e) by willfully frightening a child under the age of 16 years or a sick person

Question 8

Homicide that is not culpable is not an offence. True or False?

Answer 8

True

Question 9

Define unlawful act

Answer 9

means a breach of any act, regulation, rule, or bylaw

Question 10

R v Myatt

Answer 10

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 11

R v Tomars

Answer 11

Formulates the issues in the following was:

1. Was the deceased threatened by, in fear of or deceived by the defendant?
2. If they were, did such threats, fear or deception cause the deceased to do the act that caused their death?
3. Was the act a natural consequence of the actions of the defendant, in the sense that reasonable and responsible people in the defendants position at the time could reasonably have foreseen the consequences?
4. Did these foreseeable actions of the victim contribute in a significant way to his death?

Question 12

Define willfully frightening

Answer 12

intending to frighten or at least be reckless as to this

Question 13

Killing by influence on the mind

Answer 13

s163
no one is criminally responsible for the killing of another by any influence on the mind alone except by willfully frightening a child under 16 or a sick person.
No one is criminally responsible for the killing of another by any disorder or disease arising from such influence except by willfully frightening any such child under 16 or a sick person

Question 14

Discuss consent to death

Answer 14

No one has the right to consent to be killed. 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 15

Are deaths occurring in lawful games considered culpable?

Answer 15

They are normally treated as non-culpable homicide. However, if a contestant causes the death of another by an act that is likely to cause serious injury, they will be guilty of manslaughter.

Question 16

To establish death (without a body), you must prove…?

Answer 16

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

Can be direct or circumstantial evidence

Question 17

R v Horry

Answer 17

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 18

What is the time frame that death must occur?

Answer 18

1 year and 1 day inclusive of the day on which the last unlawful act contributing to the cause of death took place.
Where is relates to an omission, the period shall be reckoned inclusive of the day on which the omission ceased
Where is is both it the act or omission which happened last.

Question 19

What does culpable homicide mean?

Answer 19

Culpable homicide means the killing is blameworthy. It includes murder, manslaughter and infanticide.

Question 20

In regards to s150A - when does this legislation apply?

Answer 20

Where the unlawful act requires proof of negligence, or is a strict or absolute liability offence.

Question 21

In regards to s150A, for a person to be criminally liable what is the threshold?

Answer 21

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

Question 22

For omission of legal duties to amount to culpable homicide, what is the requisite causal connection?

Answer 22

It must appear that death would not have occurred as and when it did had the defendant performed the duty in question, and it must have been “a substantial and operative cause of death.”

Question 23

Examples of culpable homicide - 260(2)(d)

Answer 23

• jumps out of window and dies in fear of assault

- jumps into river to escape and drowns

Question 24

Examples of justified acts

Answer 24

• homicide committed in self-defense
• homicide committed to prevent commission of an offence which would likely cause immediate death or serious injury to the person or property

Question 25

What is the limit of use of force in self defense?

Answer 25

it is limited to that which reasonably necessary in the circumstances.

Question 26

Will a defendant be relieved of liability is life support on the victim is withdrawn within 1 year and 1 day in good faith?

Answer 26

No

Question 27

What is the critical distinction between murder and manslaughter?

Answer 27

is whether the defendant intended to kill the deceased or to harm them in a way they knew might result in death