Culpable Homicide - Short Answer Flashcards
What is the definition of Homicide
(Section 158 Crimes Act 1961)
Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever.
What was held in ‘Murry Wright Ltd”
Because the kiling must be done by a human being, an organisation (such as a hospital, or food company) cannot be convicted as a principal offender.
In cases of murder, an organisation cannot be convicted as eaither a principal or party to the offence as the offence carries a mandatory life sentence.
In cases of Manslaughter, an organisation can be convicted as a party to the offence.
What is the definition of a child
(s159 Crimes Act 1961)
A Child becomes a human being within the meaning of this act 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, and whether the navel string is severed or not.
The killing of such a child is homicide if it dies in consequence of injuries received before, during, or after birth.
What makes homicide “culpable”?
Culpable homicide means the killing is blameworthy. It includes murder, manslaughter, or infanticide.
What is the statutory difinition of culpable homicide?
(s160 Crimes Act 1961)
1) Homicide may be either culpable or not culpable.
2) Homice is culpable when it consists in the killing of any person _
a) By an unlawful act
b) By an omission without lawful excuse to preform 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 willfully frightening a child under the age of 16 years or a sick person.
3) Excepte as provided in section 178 of this act, cuplable homicide is eaither murder or manslaughter.
4) Homicide that is not culable is not an offence.
Define, “Unlawful Act”
Unlawful act means a breach of any Act, regulation, rule, or bylaw.
The common law requiers that the act must be one that is likely to do harm or is inherently “dangerous”, as well as being unlawful. (R v Myatt)
Explain an “Omission to perform legal duty”
This covers cases where nothing is done when there is a legal duty to act, and certain cases of positive conduct accompanied by a failure to dischared a legal dury, in particular, a duty of care.
Outline some examples of legal duties codified in staute
- Provide a vulnerable person the necessaries and protect from injury (s151)
- Provide necessaries and protect from injury as a parent or gardian (s152)
- Provide necessaries as an employer (s153)
- Use reasonable knowledge and skill when preforming dangerous act, such as surgery (s155)
- take precautions when in charge of dangerous thing (s156)
- Avoid omission that will endager like (s157)
What is an example of an unlawful act and an ommision to preform a legal duty?
To drive a car so recklessless that you kill a pedestrian is both an unlawful act (reckless driving) and an omission to oberve your duty to take precaustions when you are in charge of a dangerous thing.
What must be proved in cases of death by “threats or fear of violence, and deception”.
That the actions of the defendant caused the victim to do an act which results in their death.
You must prove that the fear of violence was well founded.
You do not need to shows that the victims action was the only means of escape.
What was identified in R v Corbett in relation to the actions taken by the victim.
The victims conduct must be such that it could reasonable be foreseen, is proportionate to the threat, or is within the ambit of reasonableness.
Although the victim might do the wrong thing, or act unwisely, it is sufficient if the reaction is “in the foreseeabble range”.
What is the law in relation to Consent to death?
No one has the right to consent to being killed. This means that if someone is killed, the fact they gave their consent will not affect the criminal responsibility of anyone else involved with the killing.
What must be proved to establish death?
- Death occoured
- The defeased is identified as the person who has been killed
- The killing is culpable
What does it mean when someone if “Justified”.
When an act that results in someones death is justifies, the perpetrator is exempt from both criminal and civil liability.
Examples: Homicide commited in self-defence, or homicide commited to prevent suicide.
