Culpable Homicide - General Flashcards
Definition of homicide
The killing of a human being by another, directly or indirectly, by any means whatsoever
What are the three acts of culpable homicide?
(1) Murder
(2) Manslaughter
(3) Infanticide
Culpability of organisations
Manslaughter - Can be convicted as a party to the offence
Murder - Cannot be convicted as either a principle or a party to the offence (because the offence carries a mandatory life sentence)
When does a child become a human being? (Killing of a child, section 159(1))
When it has completely proceeded in a living state from the body of its mother, whether or not it has breathed, has an independent circulation, or the navel string is severed
When is killing a child homicide?
Killing of a child, section 159(2)
If the child dies in consequence of injuries received before, during or after birth
Culpable Homicide
Section 160(2)
(a) By an 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 wilfully frightening a child under the age of 16yrs or a sick person
Unlawful act
A breach of any Act, regulation, rule or bylaw.
The breach must be likely to do harm or is inherently “dangerous” as well as being unlawful
Omission to perform legal duty
Cases where nothing is done when there is a legal duty to act (imposed by statute or common law)
Duties imposed by law covered in later cards
Unlawful act and omission of duty - example
Driving a car so recklessly that you kill a pedestrian (unlawful act and omission to observe your duty to take precautions while in charge of a dangerous thing)
Threats, fear of violence and deception
The victims conduct must be such that it could be reasonably foreseen and proportionate to the threat
Frightening a child or sick person
Any act that frightens the child or sick person, as long as it is done wilfully
Killing by influence on the mind
General rule - not a crime.
Exception - Torturing another person who is already mentally or physically sick so that a person suffers a mental breakdown and commits suicide (s163)
Consent to death (section 63)
No one has a right to consent to being killed
Proof of death (3)
(1) Death occurred
(2) Deceased is identified as the person who has been killed
(3) The killing is culpable
No indefinite liability
A defendant will not be relieved of responsibility merely because a life support system is withdrawn in good faith
