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
In relation to being charged as a secondary party to murder, what must be shown
The secondary party must known that the principle party might do an act that causes death.
Joint responsibility- must be shown the secondary party knew it was a probable consequence that the principle might do an act that would, if death ensued, bring their conduct within the terms of s.168.
What is the punishment for murder?
Life imprisonment (subject to section 102 of the sentencing act)
Section 102 Sentencing Act
1) Offender for murder must be sentenced to life imprisonment unless circumstances of offender mean life in prison would be manifestly unjust
2) if a court does not impose life imprisonment, it must give written reasons for not doing so
Punishment for Manslaughter
Liable to life imprisonment. The judge may impose a penalty from a fine to life imprisonment depending on the circumstances
Define Attempts (s.72)
Everyone who
Having intent to commit an offence
Does or omits and act for the purpose of accomplishing his object
Whether or not in the circumstances it was possible to commit the offence or not
Simester and brookbanks and suggest the following questions should be asked in determining at which point an act of mere preparation may become an attempt:
- Has the offender done anything more than get himself in a position where he could embark on an actual attempt?
- Has the offender actually commenced execution?
If yes = attempt
If no = preparation
Define involuntary manslaughter
Unlawful killing where death is caused by an unlawful act or gross negligence. No intention to kill or cause GBH.
Voluntary Manslaughter
Mitigating circumstances, such as a suicide pact, reduce what would otherwise be murder or manslaughter even if the defendant may have intended to kill or do GBH
What is the four point test for proving unlawful act for manslaughter?
- The defendant must intentionally do an act
- Act must be unlawful
- Act must be dangerous
- Act must cause death
What are some examples of manslaughter by negligence?
Deceased rides on a car bonnet driven dangerously (no defence, the fact that the deceased consented does not provide a defence)
Person dies while playing a lawful game or contest (may be non-culpable homicide or manslaughter defence)
Deceased contributed to their death by their own negligence (contributory negligence is no defence)
Before a conviction can be obtained for manslaughter, where one of the sections referred to is s.150A of CA61, what must the prosecution prove?
The prosecution must prove ‘a very high degree’ of negligence or ‘gross negligence’.
State the ingredients for infanticide - s.178
Where a woman causes death of any child of hers under the age of 10 years in a manner that amount to culpable homicide
Where at the time of the offence, the balance of her mind was disturbed
By reason of not having full recovered from the effect of giving birth or;
By reason of the effect of lactation or;
By reason of any disorder consequent of child birth or lactation
To such an extent that she should not be held fully responsible