Culpable Homicide - Overview

Question 1

What is homicide?

Answer 1

Homicide is the killing of one human being by another. Before a homicide can become the subject of a criminal charge, it must be proved that the
killing was blameworthy or culpable

Question 2

What needs to be considered if the act is culpable?

Answer 2

If the act was culpable, you need to work out whether the act was murder, manslaughter or, less commonly, infanticide

Question 3

What the factors that need to be considered for a charge of murder?

Must Know

Answer 3

The critical factors to consider for a charge of murder are whether the offender intended to:
* kill the person, or
* cause bodily injury that the offender knew was likely to cause death.

If neither of these intentions can be proven, the most likely charge is manslaughter.

Question 4

In a prosecution where does the burden of proof rest and what are the implications?

Answer 4

In addition, as the burden of proof regarding intent rests with the prosecution, a jury may return a verdict of manslaughter if it feels intent or
any of the other elements of murder have not been proved, The survivor of a suicide pact is liable to be charged with only manslaughter.

Question 5

Outline the decision making process when ascertaining what an offence has been committed when a person dies?

Answer 5

1. A person dies
2. Was their death caused by another human being?
   * No - No offence has been committed
   * Yes - Were the actions of the other person culpable
   * No - No offence has been committed
   * Yes - Was the outcome of their actions intentional and deliberate?
   * No - The offender is liable for manslaughter
   * Yes - the offender is liable for murder