Homicide Law - Homicide Related Offences

Question 1

What is Infanticide 178(1)?

Answer 1

Infanticide Section 178(1)
- A Woman
- Causes the death of any of her children
- Under the age of 10
- In a manner that amounts to culpable homicide
- by reason of any disorder caused due to childbirth or lactation

Question 2

Define Vulnerable Adult

Answer 2

a person, by reason of;

• detention
• age
• sickness
• mental impairment or
• any other cause

is unable to withdraw themselves from the care or charge of another person.

Question 3

Define Necessaries

Answer 3

commodities and services necessary to sustain life, such as food, clothing, housing, warmth and medical care.

Question 4

Duty of persons doing dangerous acts - Section 155

Answer 4

• Everyone who undertakes (except in case of necessity) to administer surgical or medical treatment
• or to do any other lawful act the doing of which is or may be dangerous to life,
• is under a legal duty to have and to use reasonable knowledge, skill, and care in doing any such act

Question 5

Duty of persons in charge of dangerous things - Section 156

Answer 5

• Everyone who has anything in their charge or under their control
• which, in the absence of precaution or care, may endanger human life
• is required to take reasonable precautions against, and to use reasonable care to avoid such danger

Question 6

What is R v Blaue

Answer 6

Those who use violence must take their victims as they find them.

________________________
Liability depends on the offenders intent, not on the victim’s subsequent actions.

Eg. Jehovah witness who refused blood and died to a stab wound.

Question 7

What is Novus acus Interviens (a new intervening act)?

Answer 7

An intervening act that breaks the chain of causation.

Acts such a medical negligence that causes death, eg by an allergic reaction to medicine after the patient was healing from a stab would would be considered as death bought on by treatment and not the initial injury.

Question 8

What is the culpability for a survivor of a suicide pact?

Answer 8

• Manslaughter if they kill another perosn.
• parties to death under a suicide pact - 5 years imprisonment - if the other person kills themselves but the defendant doesn’t die (after intending to kill themselves).

Question 9

Define suicide pact

Answer 9

Common agreement between 2 more more persons with the objective of all their deaths.

Question 10

Explain statements by people whom have since died

Answer 10

Hearsay evidence may be given in court if the deceased made a statement before death.

The following should be considered:

• The content of the statement
• Circumstances relating to the making of the statement
• Circumstances relating to the veracity of the person making the statement
• Circumstances relating to the accuracy of the observation of the person