Culpable Homicide SA

Question 1

In common law, allegations of culpable homicide have been supported where the offender has caused death by…

Answer 1

• committing arson
• giving a child an excessive amount of alcohol to drink
• placing hot cinders and straw on a drunk person to frighten them
• supplying heroin to a person who subsequently dies from an overdose
• throwing a large piece of concrete from a motorway overbridge into the path of an approaching car

Question 2

‘Legal duties’ as defined under Crimes Act

Answer 2

• provide the necessaries and protect from injury
• provide necessaries and protect from injury to your charges when you are a parent or guardian
• provide necessaries as an employer
• use reasonable knowledge and skill when performing dangerous acts such as surgery
• take precautions when in charge of dangerous things, such as machinery

Question 3

Explain threats, fear of violence and deception

Answer 3

A person is guilty of culpable murder if they cause the victim by threats, fear of violence or deception to do an act that results in the victims death. You must prove that the fear of violence was well founded, but you do not need to show that the deceased’s actions was the only means of escape.

Question 4

Examples of culpable homicide caused by actions prompted by threats, fear of violence or deception

Answer 4

• a person jumps or falls out of a window and dies because they think they are going to be assaulted
• jumps into a river to escape an attack and drowns
• who has been assaulted and believes their life is in danger, jumps from a train and is killed

Question 5

Wilful frightening

Answer 5

Wilfully frightening is regarded as intending to frighten or at least be reckless as to this

Question 6

Killing by an influence on the mind

Answer 6

Killing by influence on the mind alone is not a crime except as provided in s163. This would apply to someone who mentally tortures another person who is already mentally physically sick, so that the victim has a mental breakdown and commits suicide.

(Wilfully frightening person under 16 or a sick person)

Question 7

To establish the death, you must prove:

Answer 7

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

Question 8

Acts that are justified even when they result in death (non-culpable homicide)

Answer 8

• Homicide committed in self defence (s48)
• Homicide committed to prevent suicide or commission of an offence which would be likely to cause immediate and serious injury to the person or property of any one (s41)