Homicide Law and Defences Flashcards
Criminal factors to consider
Whether the offender intended to kill the person
Or
Whether the offender intended to cause bodily injury thst the offender knew was likely to cause death
Homicide Defined
Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever
Murray and Wright
Because the killing must be done by a human being, an organization cannot be convicted as a principle offender
Killing of a child
When it has completely proceeded in a living state from the body of its mother, whether it has beathed or not, whether it had an independent circulation or not, and whether the navel string is attached or not
Killing of a child is homicide if it dies in consequence of injuries received before, during or after birth
Culpable homicide
Killing is blamesworthy
May be either culpable or not culpable
Culpable when it consists of
- by an unlawful act
- by omissions without lawful excuse to perform or observe any legal duty
- by causing that person by threats or fear of violence or by deception to do an act which causes his death
- by wilfully frightening a child under 16 or a sick person
Murder or Manslaughter
Homicide that is not culpable is not an offence
Unlawful Act
Breach of any act, regulations, rules or by law
Myatt
Before its a breach it must be ab act likely to do harm to the deceased or some class of persons of whom he was one
Omissions - Legal Duty
Provide the necessaries and protect from injury
Provide the 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
Tomas
Threats, fear of violence and deception
Was the deceased threatened by, in fear or decieved by the defendant
If they were, did such threats, fear of violence or deception cause the deceased to do the act that caused the death
Was the act a natural consequence of the actions of the defendant, in the sense that reasonable and responsible people in the defendants position at the time could reasonably and reasonably have foreseen the consequence
Did the foreseeable actions of the victim contribute in a significant way to his death
Wilfully frightening
Intending to frighten, or at least be reckless as to this
Proof of death
Death occurred
Deceased is identified as the person who has been killed
The killing is culpable
Horry
Death should be provable by such circumstances as render it morally certain and leave no ground for reasonable doubt- that the circumstantial evidence be so cogent and compelling as to convince the jury that upon no rational hypothesis other than murder can facts be accounted for
Exception of justification
Self defence
Prevent suicide or commission of ab offence which would likely to cause immediate and serious injury to the person or property of anyone
