Homicide Law Flashcards
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Homicide definition
s158
Section 158 homicide is the killing of a human being by another directly or indirectly by any means whatsoever
Killing of a child section 159
(1) A child becomes a human being when it has completely proceeded in a living state from the body of it’s mother whether it has breathes or or not has an independent circulation or not and whether the naval string is severed or not
(2) The killing of a child is homicide if it dies of injuries received before during or after birth
Section 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 willfully frightening a child under the age of 16 years or a sick person
Allegations of culpable homicide have been supported where the offender has caused death by
- Committing arson
- giving a child excessive alcohol to drink
- placing hot cinders and straw on a person to frighten them
- supplying heroin to a person who dies from an overdose
- throwing concrete from a motorway overbridge into the path of an approaching vehicle
- conducting an illegal abortion where the mother dies
Legal duties
- provide the necessaries and protect from injury s151
- provide the necessaries and protect from injury to your charges when you are a parent or guardian s152
- provide necessaries as an employer s153
- use reasonable knowledge and skill when performing dangerous acts s155
- take precautions when in charge of dangerous things s156
- avoid omissions that will endanger life s157
Consent to death
No one has the right to consent to being killed
The fact that gave their consent not affect the criminal responsibility of anyone else involved
Killing by influence on the mind
No one is criminally responsible except by wilfully frightening a child under 16 or a sick person
Justified
Exempt from both criminal and Civil liability
Eg: homicide in self defence
Section 162 time in which a death must occur
Death must be within a year and a day from the time the last unlawful act or omission took place
Punishment of murder
Life imprisonment
Punishment of attempted murder
14 years imprisonment
Difference between counselling and conspiracy
Counselling involves procuring another person to murder any other person
Conspiracy involves agreeing with any person to murder any other person
Punishment for accessory after the fact to murder
7 years imprisonment
Voluntary and involuntary manslaughter
Mitigating circumstances such as a suicide pact reduce what would be murder to manslaughter even though there may have been intense
Involuntary manslaughter covers killings which are caused by an unlawful act or gross negligence where there has been no intention to kill
Manslaughter buy an unlawful act
- The defendant must intentionally do an act
- The act must be unlawful
- The act must be dangerous
- The act must cause death