Culpable Homicide Caselaw

Question 1

Murray Wright Ltd

Answer 1

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 2

R v Myatt

Answer 2

[Before a breach of any Act or bylaw would be an unlawful act under Sec.160 for the purposes of culpable homicide] it must be an act likely to to do harm to the deceased or to some class of persons of whom he was one.

Question 3

R v Tomars

Answer 3

Formulates the issues in the following way:

(1) Was the deceased threatened by, or 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 defendant’s position at the time could reasonably have foreseen the consequences?

(4) Did these foreseeable actions of thr victim contribute in a [significant] way to his death?

Question 4

R v Horry

Answer 4

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.