homicide Flashcards
S160(d) what are the elements that would make killing culpable
a) threats, fear of violence or deception
b) threats, violence or deception
c) fear of violence, compulsion or deception
a) threats, fear of violence or by deception
Under section 160(2)(a) the act must be unlawful. Describe what an unlawful act is in relation to this section and include relevant case law
Unlawful Act - a breach of any Act, regulation, rule or bylaw. The common law requires that the act must be one that is likely to do harm or is inherently ‘dangerous’ as well as being unlawful.
Case law: R v Myatt
before a breach of any Act, regulation or bylaw would be an unlawful act under 160 for the purposes of culpable homicide, ti must be an act likely to do harm to the deceased or to some class of person of whom he was one.
Explain R v Tomars
Was culpable homicide caused by actions prompted by threats, fear of violence or deception.
Was the deceased threatened by fear or deceived? if so were the fear or deception the cause of the deceased to do the act that caused their death. Was the death the natural consequence of the Defs actions, one that could reasonable have been foreseen and did these foreseeable actions of the victim contribute in a way to their death?
Can an organisation be charged with murder or manslaughter? explain your answer and refer to relevant case law
An organisation can be convicted as a Party to the offence of Manslaughter but can not be convicted on Murder, because it carries a mandatory life sentence.
Case law : Murray Wright Ltd
Because the killing must be done by a human being, an organisation cannot be convicted as the principle offender
What of the following would be an eg of culpable homicide caused by the actions of the victim.
a) jumps or falls out of window and dies because they think they were
going to be assaulted
b) jumps into a river to escape an attack and drowns
c) runs to a car and drives 100m down the road and has a head on
collision with a truck
d) has been assaulted and believes there life is in danger, jumps from a
train and is killed
a, b and d
in relation to S163, killing by influence on the mind, what are the exceptions referred to in this section.
wilfully frightening a child under the age of 16 or a sick person
To establish death you must prove 3 things.
That the death occurred, The deceased is identified as the person killed what is the 3rd
The killing is culpable
some acts are justified even if they result in death. Give 2 examples of such acts
Homicide committed in self defence
Homicide committed to prevent suicide or commission of an offence which would likely to cause immediate and serious injury to the person or property of anyone.
John is playing a closely scored game a rugby. he decides to make a hard tackle on and opposition player which results in the player breaking his neck and dying.
Would John be charged with any offence, is so what and explain.
Normally you would not be charged with the killing of another player if they died from the injuries while playing rugby however you would be quilt of manslaughter if your actions were considered likely to cause serious injury, as you should have been aware of them at the time and not done it
Define Murder
If the offender means to cause the death of the person killed.
If the offender means to cause to the the person killed, any bodily injury that is known to the offender that it is likely to cause death and is reckless and to whether death ensues or not.
If the means to cause the death, or being reckless as aforesaid, means to cause such bodily injury as aforesaid to one person, and by accident/mistake kills another person, though he does not mean to hurt the killed person.
If the offender for any unlawful object does an act that he knows to be likely to cause death, and there-by kills any person, though he may have desired that is object should be effected without hurting anyone.
If you are charging an offender with murder under 167 you must show the defendant?
Intended to cause death, or
knew that the death was likely to ensue, or
was reckless that the death would ensue.
R v Cameron, explain (recklessness)
Recklessness is established if,
a)the Def recognised there was a real possibility that
i) his/her action could bring about the proscribed results and or
ii) the proscribed circumstances existed and
b) having regard to that risk those actions were unreasonable
To show the defendant state of mind meets the provision of 167(b) you must establish that the Def
*Intended to cause death deceased
*knew that death was likey to ensue, or
*was reckless as to whether death ensue.
Explain R v Piri
(Recklessness)
Recklessness involves a conscious and deliberate risk taking. The degree of risk of death foreseen by the accused under =either 167(b) or (d) must be more that negligible or remote.
The accused must recognise a “real and substantial risk” that death would be caused.
in relation to 167(d) the object must be unlawful. Explain using relevant case law what is required to prove to satisfy this element.
R v Desmond
Not only must the object be unlawful, but also the accused must know that his act is likely to cause the death. It must be shown that his knowledge accompanied the act causing the death.
What is the definition of Attempts under S72(1)
Everyone who, having an intent to commit and offence, does or omits an at for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether the circumstances it was possible to commit the offence or not.
Proximity is a question of law decided by who?
a) the Judge
b) the Jury
a) the Judge
Define voluntary manslaughter
Mitigating circumstances, such as a suicide pact, reduce what would otherwise be murder to manslaughter even though the Def may have intended to kill or cause grievous bodily harm.
2 people get into a sudden fight and one person dies from the injuries received. What statement is correct in relation to the offences the survivor is liable for?
a) if the homicide can be justified as having arisen out of self defence the proper verdict is manslaughter
b) if that fact that there was a fight negates that the defendant had the required mens rea to bring a charge of murder withing section 167, the proper verdict is manslaughter.
c) If there the fact that there was a fight negates that the Def had the required mens rea to bring a charge of murder within section 167, the proper verdict is acquittal.
B
When death occurs during a lawful game or contest, such as a hockey match, how is the death treated?
Its is treated as a non culpable homicide unless the Def’s actions were likely to cause serious injury, in which case the Def is guilty of manslaughter
Define Infanticide
where a woman causes the death of any child of hers under the age of 10 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 not having fully recovered from the effect of giving birth to that or of any child or by reason of the effect of lactation or by reason of any disorder consequent upon childbirth or lactation, to such and 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 involuntary manslaughter.
Covers tohose types of unlawful killings where death is caused by criminal negligence, in such cases that has been no intention to kill or cause GHB
when considering what charge to press in a case where someone has been killed in a sudden fight, what issues do you need to cover
you need to consider whether there was
- self defence
- the requisite mens rea for a murder/manslaughter charge
What is the definition of a parent in relation to section 152
a) a parent or guardian who has legal custody of the child
b) a parent or a person in place of a parent who has actual care or charge of a child
c) A parent or guardian who has actual care or charge of the child
B
Define S181, concealing dead body of a child.
Everyone is liable to imprisonment for a term not exceeding 2 years who disposes of the dead body of any child in any manner with intent to conceal the fact of its birth, whether the child died before, during or after birth.
John and Eddie decide to kill themselves together by self administering a cocktail of drugs. Eddie dies but John survives. Explain if John is liable if any?
John is guilty to being a party to a death under a suicide pact, and is liable to a term of imprisonment not exceeding 5 years.
For a statement to be considered admissible under S18(1) of the EA06, you must consider what circumstances under S16(1)
circumstances to consider are
* the nature of the statement
* the contents of the statement
* the circumstances relating to the making of the statement
* circumstances relating to the veracity of the person making that statement
* circumstances relating to the accuracy of the observation of the person
Defences for children are set out in s21 and s22. What are these and explain what is required for a person between 10-13 to be held criminally liable.
s21- children under 10 can not be convicted of any offence
s22 children when at the age of 10 but under 14 can not be charged with an offence unless they knew either that the act/omission was wrong or that it was contrary to law.
There has to be a test of knowledge in addition to mens rea and actu reus requirements. if knowledge can not be shown the can not be criminally liable.
