Homicide Related Offences Flashcards
What is Infanticide
(s178 Crimes Act 1961)
Where a woman causes the death of any child of hers under the age of 10 years in a manner that amounts to culpable homicide, and where at the time of the offence the balance of her mind was disturbed, by reason of her not having fully recovered from the effect of giving birth to that or any other child, or by reason of the effect of lactation, or by reason of any disorder consequent upon childbirth or lactation, to such an extent that she should not be held fully responsible, she is guilty of infanticide, and not of murder or manslaughter, and is liable to imprisonment for a term not exceeding 3 years.
In relation to infanticide, who is to decide on mother’s state of mind?
In cahrges of infacnticide, It is for the jury to decide on the monther’s state of mind.
If a mother is charged with murder or manslaughter, but the jury believes her state of mind is due tot he effects of childbirth, they are requiered to return a special verdict of aquittal on account of insanity.
The prosecution may file charging documents for both infanticide and murder, and it is up to the jury.
Outline the legal dutys in s151
Everyone who has actualy care or charge of a person who is a vulnerable adult, who is unable to provide himself or herself with necessaries is under a legal duty to:
a) provide the person with necessaries.
b) to take reasonable steps to protect that person from injury.
Outline the legal duties in s152
Everyone who is a parent, or is a person in place of a parent, who has actual care or charge of a child under the age of 18 years is under a legal duty to:
a) to provide that child with necessaries.
b) to take reasonable steps to protect that child from injury.
Outline the legal duties in s 153
Everyone who as an employer has contract to provide necessary food, clothing, or lodging for any servant or apprentice under the age of 16 years is under a legal duty to provide the same, and is criminally responsible for omitting, without lawful excuse to perform such duty if the death of the servant or apprentice is caused, or if his life is endagered or his health permanently injured, by such omission.
Who is a “vulnerable adult”
A person unable, by reason of detention, age, sicklness, mental impairment, or any other cause, to withhdraw himself or herself from the care or charge of another person.
Whether an adult is vulnerable is a matter for objective determination and should not depend on that person’s subjective perception.
What a “Necessaries”.
Under the former s151 the corresponding duty was to provide the necessaries of life, which encompassed commidities and services necessart to sustain life, such as food, clothing, housing, warmth, and medical care.
The is no authority on what is meant by necessaries, and it may be regarded and a somwhat broader concept than “necessaries of life”.
What is the liability under s165 who cause death that might have been prevented?
Everyone who by any act or omission causes the death of another person kills that person, although death from that cause might have been prevented by resorting to proper means.
What is the liability under s166 for causing injury the treament of which causes death.
Everyone who causes to another person any bodily injury, in itself of a dangerous nature, from which death results, kills that person, although the immediate cause of death by treatment, proper or improper, applied in good faith.
What does the latin term, Novus acus Interviens mean?
“A new intervening act”
An intervening act that breaks the chain of causation.
What is the penalthy for s179 - Aiding and abetting suicide?
14 years imprisonment.
What is the liability for a person who in pursuance of a suicide pact kills any other person?
The person is guilty of manslaughter and not of murder and is liable accordingly.
What is the liability of surviving a suicide pact under s180(2)
ANy survivor of a pack is guilty of being a party of death under a suicide pact and is liable for a term of impronment for 5 years.
Example: Two people enter into an agreement to overdose on pills, however one person survives.
What intent is required for the offence of “concealing the dead body of a child”
The act of disposal must be done with the intent of concealing the fact of birth.
It will be sufficient that the intent was to conceal the brith from a particular individual.
