HOMICIDE LAW

Question 1

Q. What are the critical factors to consider for a charge of murder?

Answer 1

A. Whether the offender intended to:

• Kill the person
• cause bodily injury that the offender knew was likely to cause death.

Question 2

Q. What is the difference between Murder and Manslaughter?

Answer 2

A. Murder is when the offender intended to Kill the person or causes bodily injury that the offender knew was likely to cause death.
If neither of these intentions can be proven, the most likely charge is manslaughter.

Question 3

Q. What is the difference between Murder and Manslaughter?

Answer 3

A. Murder is when the offender intended to Kill the person or causes bodily injury that the offender knew was likely to cause death.
If neither of these intentions can be proven, the most likely charge is manslaughter.

Question 4

Q. Definition of Homicide:

Answer 4

A. Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever.

Question 5

Q. Can an organisation be charged with murder? (please state appropriate case law)

Answer 5

A. No, because the offence carries a mandatory life sentence.

Question 6

Murray Wright Ltd

Answer 6

Murray Wright Ltd
Because the killing must be done by a human being an organisation (such as a hospital or food company) cannot be convicted as a principal offender.

Question 7

Q. When is does a child become a human being under section 159 and capable of being murdered under section 158?

Answer 7

A.

(1) 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.

(2) The killing of such child is homicide if it dies in consequence of injuries received before, during, or after birth.

Question 8

Q. Definition of “Culpable Homicide”

Answer 8

A. “Culpable Homicide” means the killing is blameworthy. It includes murder manslaughter or infanticide.

Question 9

Q. List the ways in which Section 160 (2)(a) states Homicide is “culpable” when it consists in the killing of any person:

Answer 9

A.

(a) By an unlawful act.
(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.

Question 10

Q. Explain your understanding of an “Unlawful Act” and state relevant case law.

Answer 10

A. unlawful Act means - A breach of any Act, regulation, rule or by-law.

• The act must be objectively dangerous.
• there must be proof of all the elements of the offence including any “Mens Rea”
• And it must be done without lawful justification (e.g self defence).

Question 11

RvMyatt

Answer 11

RvMyatt
[Before a breach of any Act, regulation or by-law would be an unlawful act under sec160 for the purposes of culpable homicide] it must be an act likely to do harm to the deceased or to some class of persons of whom he was one.
———————

Question 12

Q. Explain your understanding of “omission to perform legal duty” sec 160 (2)(b)

Answer 12

A.
This covers cases where nothing is done when there is a legal duty to act.
The death would not have occurred as and when it did had the defendant performed their duty in question and it must have been substantial and operative cause of death.

Question 13

Q. Explain your understanding of “unlawful act and omission of duty” sec 160 (2)(c)

Answer 13

A. Sometimes unlawful acts and the omission to perform a legal duty are applicable to the same act e.g. Driving a car so recklessly you kill a pedestrian is both an unlawful act and an omission to observe your duty to take precautions when you are in charge of a dangerous thing.

Question 14

Q. Explain your understanding of death by threats, fear of violence or deception - sec 160 (2)(d)

Answer 14

A.
A person is guilty of culpable murder if they cause the victim by threats, fear of violence or deception to do an act that results in the victim’s death. You must prove the fear was well founded.
- The victim's conduct could be:
- reasonably foreseen,
- proportionate to the act, 
- within the ambit of reasonableness.

Relevant case law - RvTomars

Question 15

RvTomars

Answer 15

RvTomars
formulates the issues in the following way:
1. was the deceased threatened by, in fear of, or deceived by the defendant?
2. If they were, did such threats, fear or deception cause the deceased to do the act that caused their death?
3. Was the act a natural consequence of the actions of the defendant, in the sense that reasonable and responsible people in the defendant’s position at the time could reasonably have foreseen the consequences?
4. Did these foreseeable actions of the victim contribute in a [significant] way to his death?

Question 16

Q. Explain your understanding of “Frightening a child or sick person”

Answer 16

A.

• Doesn’t have to be a fear of violence.
• May be caused by any act that frightens the child or sick person, so as long as it is done “wilfully.”
• Wilfully frightening is regarded as intending to frightening, or at least reckless as to this.”
• The offender must have been aware of a real risk the victim was under 16 or sick.

Question 17

Q. Explain your understanding of “killing by influence on the mind”

Answer 17

A. This would apply to someone who mentally tortures another person who is already mentally or physically sick, so that the victim has a mental breakdown and commits suicide.

Question 18

Q. Explain your understanding of “consent to death”

Answer 18

A. No one has the right to consent to being killed. The fact they gave their consent will not affect criminal responsibility of anyone else involved in the killing.

Question 19

Q. Explain your understanding of “Death from lawful games or contests”

Answer 19

A. The death of a participant from injuries received during the game or contest is normally treated as non-culpable homicide. However if a contestant causes the death of another by an act that is likely to cause serious injury, they will be guilty of manslaughter.

Question 20

Proof of death.

Q. To establish the death, what must you prove?

Answer 20

A.

• Death occurred
• Deceased is identified as the person who has been killed
• The killing is culpable.
• Death can be proved by direct and/or circumstantial evidence.

Question 21

Q. Case law for when a body is not located:

Answer 21

A.
RvHorry
Death should be provable by such circumstances as render it morally certain and leave no grounds for reasonable doubt - that the circumstantial evidence should be so cogent and compelling that no other rational hypothesis other than murder can the facts be accounted for.

Question 22

Q. Explain your understanding of “non-culpable homicide”

Answer 22

A.

• Some acts are “justified” even when they result in death.
• The perpetrator is exempt from criminal and civil liability.
• E.g. homicide committed in self-defence, to prevent suicide or commission of an offence which would be likely to cause immediate and serious injury to the person or property of anyone.
• Use of force is limited to what is reasonably necessary in the circumstances.
• Other non-culpable homicides are protected from only criminal responsibility.

Question 23

Q. Explain your understanding of “Death must be within a year and a day”

Answer 23

A. For death to be seen as caused by another, the death needs to occur within a year and a day from the time the last unlawful act or omission occurred.