Homicide Flashcards
Before a homicide can become the subject of a criminal charge you must prove what?
the killing was blameworthy or culpable.
What are the three types of homicide?
Murder
homicide
infanticide
two criticial factors for a charge of murder… did the person intend to?
kill the person
cause bodily injury the offender knew would likely cause death
if you cant prove that the offender meant to kill the person or knew their actions would likely cause death, what is the best charge?
manslaughter
who has legal burden of proof re homicide charges?
prosecution
what is the most appropriate charge for the survivor of a suicide pact?
manslaughter?
Two examples of manslaughter
someone who failed to get an injured or ill person medical assistance.
a drunk driver
what does culpable mean?
deserving blame.
define homicide
S158
Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever.
when is a child considered a human being?
s159 Killing of a child
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 an independent circulation or not, and whether the navel string is severed or not.
The killing of such child is homicide if it dies in consequence of injuries received
before, during, or after birth.
160 Culpable homicide
(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.
define unlawful act
a breach of any Act, regulation, rule, or bylaw.
What was confirmed in R v LEE?
the act must be objectively dangerous and any reasonable person would know that risk of harm existed.
to be unlawful you must prove?
You must be able to prove all the elements of an offence.
prove mens rea
the acts were done without lawful justification.
it was not done in self defence
examples of culpable homicide
committing arson
giving a child an excessive amount of alcohol
placing hot cinders and straw on a drunk person to freighten them.
supplying heroin to someone and causing them to overdoes.
thorwing large objects from a bridge into on coming traffic
conducting illegial abortions where the mother has died.
ommissions to person legal duties
failing to act when there is a legal duty to do so.
such as:
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
- avoid omissions that will endanger life
ommission of legal duties amount to homicide when…
if the defendant had acted death would not have occured.
was a substantive and operative part of death.
What does threats fear of violence and deception mean
due to threats, fear of violence, deception the victim the victim acted in a way that caused death.
you must prove their fears were well founded.
You do not have to prove that their actions were the only means of escape.
what does it mean to freighten a child or sick person
the freight needs to be the result of anything that could cause fear of violence
what does willfully freightening mean
intending to freighten or subjectively reckless to the act.
S163 killing by influence on the mind
someone who mentally tortured another person who is already mentally sick and causes them to have a breakdown and commit suicide.
can someone consent to death?
No.
even if someone is killed by consent the person who killed them is criminally liable for their death.
Are you liable for culpable homicide during sports/contests?
If a participant dies as a result of injury juring a sport/ contest, the person who caused those injuries is not liable to homicide unless their actions were likely to cause serious injury.
Proof of death,what must you prove?
death occured.
deceased is identified as the person who was killed.
The killing was culpable.