Definitions Flashcards
Define Homicide
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. If the act was culpable, you need to work out whether the act was murder, manslaughter or, less commonly, infanticide.
However, in cases of:
* Manslaughter; an organisation can be convicted as a party to the offence (section 66(1))
* Murder, an organisation cannot be convicted as either a principal
offender or a party to the offence. This is because the offence carries a mandatory life sentence.
Define Culpable
Culpable homicide means the killing is blameworthy. It includes murder, manslaughter or infanticide. Section 160(2) defines what constitutes culpable homicide:
160 Culpable homicide
(1) Homicide may be either culpable or not culpable.
(2) Homicide is culpable when it consists in the killing of any person—
(a) By an unlawful act; or
(b) By an omission without lawful excuse to perform or observe any legal duty; or
(c) By both combined; or
(d) By causing that person by threats or fear of violence, or by deception, to do an act which causes his death; or
(e) By wilfully frightening a child under the age of 16 years or a sick person.
(3) Except as provided in section 178 of this Act, culpable homicide is either murder or manslaughter.
(4) Homicide that is not culpable is not an offence.
Define unlawful act
means a breach of any Act, regulation, rule, or bylaw.
Define Wilful Frightening
In this instance, the fright need not be a result of fear of violence as under s160(2)(d), but may be caused by any act that frightens the child or sick person, so long as it is done wilfully.
“Wilfully frightening” is regarded as “intending to frighten, or at least be reckless as to this”.
Define Killing by Influence on the Mind
163 Killing by influence on the mind:
No one is criminally responsible for the killing of another by any influence on the mind alone, except by wilfully frightening a child under the age of 16 years or a sick person, nor for the killing of another by any disorder or disease arising from such influence, except by wilfully frightening any such child as aforesaid or a sick person.
Define Murder
Sections 167 and 168 define the offence of Murder.
167 Murder defined
Culpable homicide is murder in each of the following cases:
(a) If the offender means to cause the death of the person killed:
(b) If the offender means to cause to the person killed any bodily injury that is known to the offender to be likely to cause death, and is reckless whether death ensues or not:
(c) If the offender means to cause death, or, being so reckless as aforesaid, means to cause such bodily injury as aforesaid to one person, and by accident or mistake kills another person, though he does not mean to hurt the person killed:
(d) If the offender for any unlawful object does an act that he knows to be likely to cause death, and thereby kills any person, though he may have desired that his object should be effected without hurting any one.
MCQ on (c)
Define Murder further
168 Further definition of murder
(1) Culpable homicide is also murder in each of the following cases, whether the offender means or does not mean death to ensue, or knows or does not know that death is likely to ensue:
(a) If he means to cause grievous bodily injury for the purpose of facilitating the commission of any of the offences mentioned in subsection (2) of this section, or facilitating the flight or avoiding the detection of the offender upon the commission or attempted commission thereof, or for the purpose of resisting lawful apprehension in respect of any offence whatsoever, and death ensues from such injury:
(b) If he administers any stupefying or overpowering thing for any of the purposes aforesaid, and death ensues from the effects thereof:
(c) If he by any means willfully stops the breath of any person for any of the purposes aforesaid, and death ensues from such stopping of breath.
Define intent
In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.
Deliberate act:
“Intent” means that act or omission must be done deliberately. The act or omission must be more than involuntary or accidental.
Intent to produce a result:
The second type of intent is an intent to produce a specific result. In this context result means “aim, object, or purpose”.
Define Recklessly
Acting “recklessly” involves consciously and deliberately taking an unjustifiable risk.
It must be proved not only that the defendant was aware of the risk and proceeded regardless (a subjective test), but also that it was unreasonable for him to do so (an objective test).
Define Infanticide
178 Infanticide
(1) Where a woman causes the death of any child of hers under the age of 10 years in a manner that amounts to culpable homicide, and where at the time of the offence the balance of her mind was disturbed, by reason of her not having fully recovered from the effect of giving birth to that or any other child, or by reason of the effect of lactation, or by reason of any disorder consequent upon childbirth or lactation, to such an extent that she should not be held fully responsible, she is guilty of infanticide, and not of murder or manslaughter, and is liable to imprisonment for a term not exceeding 3 years.
Define Vulnerable Adult
Means “a person unable, by reason of detention, age, sickness, mental impairment, or any other cause, to withdraw himself or herself from the care or charge of another person”.
Define Justified
In relation to any person, “justified” means that the person is not guilty of an offence and is not liable civilly.
Define protected from criminal liability
“Protected from criminal responsibility” means the person is not guilty of an offence but civil liability may still arise.
Define Disease of the mind
The Courts have not attempted a precise or comprehensive definition of the term “a disease of the mind”. It has been said to be “a term which defies precise definition and which can comprehend mental derangement in the widest sense”
In R v Warren, the defendant was the driver of a motor vehicle who killed two people.
The Court accepted that at the time of the crash involving the motor vehicle that led to the deaths, the defendant’s mental condition was such that he was so deluded he would not have understood he was driving a car dangerously.
Define Alibi
Chambers Dictionary defines an alibi “as the plea in a criminal charge of having been elsewhere at the material time: the fact of being elsewhere.”
