Definitions Flashcards
Define homicide
Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever.
It must be culpable to be an offence.
What is an unlawful act
Mean a breach of any Act, regulation, or bylaw.
Define attempts S72(1) CA 61
Everyone who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object.
Is guilty of an attempt to commit the offence intended
Whether in the circumstances it was possible to commit the offence or not;
Define culpable homicide S160(1) & (2)
- Homicide maybe either culpable or not culpable.
- Homicide is culpable when it consists in the killing of any person:
- by an unlawful act
- by an omission without lawful excuse to perform or observe any legal duty or
- By both combined or
- By causing that person by threats of fear or violence, or be deception to do an act which causes his death or
- By wilfully frightening a child under the age of 16 year or a suck person
Explain S160(2)(b) - Omission to perform a legal duty
This covers cases where nothing is done where there is a legal duty to act, and certain cases of positive conduct accompanied by a failure to discharge a legal duty, in particular a duty of care.
Define wilfully frightening
Is regarded as “intending to frighten or at least be reckless as to this”
Define Voluntary manslaughter
Mitigating circumstances such as a suicide pact, reduce what would otherwise be murder to manslaughter, even though the defendant may have intended to kill or cause GBH.
What is involuntary manslaughter
- Involuntary manslaughter cover the types of unlawful killings in which the death is cause by an unlawful act or gross negligence.
- In such cases there has been no intention to kill or cause GBH.
Difference between voluntary and involuntary manslaughter
- Voluntary manslaughter can be include cases where there is an intention to kill or cause GBH on the part of the Defendant. This can include culpable homicide that comes within s167 or 168, but is reduced to manslaughter due to the suicide pact under s180(3).
- Involuntary manslaughter includes cases where there is no intention to kill or cause GBH but death is cause by an unlawful act or gross negligence. This includes culpable homicide that does not come within S167 or 168.
Define insanity section 23 CA 61
(1) Every one shall be presumed to be sane at the time of doing or omitting any act until the contrary is proved.
(2) No person shall be convicted of an offence by reason of an act done or omitted by him when labouring under natural imbecility or disease of the mind to such an extent as to render him incapable.
- Of understanding the nature and quality of the act or omission or
- Of knowing that the act or omission was morally wrong, having regard to the commonly accepted standards of right and wrong.
Define automatism
Automatism can best be descibed as a state of total blackout, during which a person is not conscious of their actions and not in control of them.
What is a strict liability offence
Strict liability offence means that no mens rea need to be proved by the prosecution
-eg EBA the defence must establish a defence to the balance of probabilities and the only way a defendant can escape liability for such an offence is to prove a toal absence of fault.
Define alibi S22 EA06
An alibi is the plea in a criminal charge of having been else where at the material time; the fact of being elsewhere.
- Notice of alibi: This must be given within 10 working days after the defendant is given notice under s20 and must be include the name and address of the witness or, if not known to the defendant when the notice is given and matter known by the defendant that might be of material assistance in finding that witness.
Definition of ‘year and a day outlined in s162(2)
The period of a year and a day shall be reckoned inclusive of the day on which the last unlawful act contributing to the cause of death took place.
S168 (1)(a) refers to GBH. What does it mean and give an example.
GBH means harm that is very serious. (DPP V SMITH relates) EG an injury to a vital organ.
