Homicide Flashcards
What is the definition of homicide?
Homicide is the killing of a human being by another, directly or indirectly by any means whatsoever
What is a culpable homicide?
Homicide 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 wilfully frightening a child under the age of 16 years or a sick person
Define unlawful act
Means a breach of any Act, regulation, rule or by law
In common law, allegations of culpable homicide have been supported where the offenders have caused death by particular circumstances. Name four of these circumstances (4 example of culpable homicide)
Committing arson
Giving a child an excessive amount of alcohol
Supplying heroin to a person who subsequently dies from an overdose
Conducting an illegal abortion
Define Legal Duty
Legal duty refers to those imposed by status or common law
List 4 statutory legal duties in respect of the Crimes Act 1961
Provide the necessaries and protect from injury
Provide necessaries as an employer
Take precautions when in charge of dangerous things
Avoid omissions that will endanger life
Give two practical examples of a culpable homicide which has been caused by the victims actions promoted by the threats of fear and violence
A person jumps or falls out a window and dies because they think they are going to be assaulted
A person jumps into a river to escape an attack and drowns
A person who has been assaulted and believes their life is in danger, jumps from a trains and is killed
In general, no one is criminally responsible for the killing of another by influence of the mind. What are the exceptions to this rule?
Wilfully frightening a child under 16 years or a sick person
To establish proof of death you must prove…?
Death occurred
Deceased is identified as the person who has been killed
Killing is culpable
To establish death you must prove…?
Death occurred
Deceased is identified as the person who has been killed
Killing is culpable
Murder defined (s.167)
Culpable homicide is murder is the following cases:
a) Offender means to cause death of the person killed
b) Offender means to cause person killed any bodily injury that is known to likely cause death, and is reckless as to whether death ensues
c) Offender means to cause death or being reckless as aforesaid, causes bodily injury and by accident or mistake kills another person
d) Offender does, by and unlawful object, any act likely to cause death, thereby kills another person
For a Murder charge (s.167) what must you prove?
Must shows the defendant:
- intended to cause death
- knew that death was likely to ensure
- was reckless as to whether death would ensue
