Culpable Homicide Flashcards
Homicide Defined
S158
Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever.
Murray Right Ltd
Because the killing must be done by a human being, an organisation cannot be convicted as the principal offender. But party to manslaughter
Survivor of Suicide
Is culpable of manslaughter only
What is Culpable Homicide?
When is Homicide Culpable?
S160 - CULPABLE HOMICIDE
(2) Homicide is culpable when it consists in killing any person by;
a) an unlawful act (act, regulation, rule,bylaw)
b) omission without lawful excuse to perform/observe legal duty
c) both combined
d) causing that person by threats or fear of violence, or by deception, to do an act which causes death
e) by wilfully frightening a child under 16 or sick person
Examples of Culpable Homicide That Have Been Support By Common Law
EXAMPLES of HOMICIDE
- Committing arson
- Giving a child an excessive amount of alcohol to drink
- Placing hot cinders and straw on a drunk person to frighten them
- Supply heroin to a person who subsequently dies from an overdose
- Throwing a large piece of concrete from a motorway over bridge into the path of an approaching car
- Conducting an illegal abortion where the mother dies
To Establish Proof of Death Must Prove
- Death occurred
- Deceased is identified as the person who has been killed
- Killing is culpable
Killing of a Child
S159 - KILLING OF A CHILD
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 independent circulation or not.
Killing of such child is homicide if it dies in consequence of injuries received before, during or after birth.
R V Myatt
R V MYATT - UNLAWFUL ACT Before a breach of any Act, regulation or bylaw would be considered an unlawful act under act S160 for the purposes of CH - it must be an act likely to do harm to the deceased or to some class of persons of whom he was one.
What Does 150A (standard of care) Apply To?
Any case where the unlawful act requires proof of negligence or is a strict/absolute liability offence.
R V Tomars
Threats, fear of violence
R V TOMARS
- Was the deceased threatened by, in fear of or deceived by the defendant
- If they were, did such threats/fear/decep. cause the deceased to do the act that caused their death.
- Was the act a natural consequence of the action of the defendant, would a reasonable/responsible person in the circumstances foreseen the consequences.
- Did the foreseeable action by victim contribute in a sign to his death?
Examples Of Threats, Fear or Deception Resulting in Culpable Homicide
Due to THREATS/FEAR/VIOLENCE jumps or falls out window and dies because think they are going to be assaulted, jumps into a river to escape and drowns, believes their life is in danger so jumps from a train
S160(2)(e)
Wilfully frightening a child/sick person
Wilfully frightening is regarded as intended to frighten, or at least be reckless as to this
R V Horry
Where no body is located
R V HORRY
Death should be provable by such circumstances that is renders it morally certain/no grounds for reasonable doubt, that the evidence should be so compelling as to convince a jury that nothing other than murder can the facts be accounted for
Exception of Justification
Non-culpable Homicide
NONCULPABLE (Justified) - exempt from both criminal and civil liability.
- Homicide committed in self-defence
- Homicide committed to prevent suicide or commission of an offence which would likely to cause immediate and serious injury to the person or property or anyone
Killing By Influence On The Mind
Not a crime except mentally tortured another person who is already mentally/physically sick and commits suicide
S163 - KILLING BY INFLUENCING MIND
Only criminally responsible of killing another by influence on the mind alone if wilfully frightening a child under the age 16 or a sick person, nor for the killing another by an disorder or disease arising from such influence, except by wilfully frightening any such child as aforesaid or a sick person.
