Homicide related offences

Question 1

Define infanticide under section 178 CA61

Answer 1

When the woman causes the death of a child under the age of 10 years old that amounts to culpable homicide. and at the time of the offence the balance of her mind was disturbed by not having fully recovered from the effects of birth of that child an other childto such extent she should not be held fully responsible of murder but infanticide.

Question 2

Sections 151 and 152 CA61 list the legal duties regarding the providing those things and conditions necessary to sustain life and protect from injury. Outline the provisions?

Answer 2

Everyone who has actual care or in charge of a vunerable adult and who is unable to care for themselve or anyone who is in care or in charge of a person under the age of 18 has the legal duty to provide necessaries and take reasonable steps to protect that person or child from injury. If they don’t it will meet the criteria of culpable homicide under section 160(2)(b) and will be guilty of manslaughter.

Question 3

What type of things fall into the catergory of dangerous things as discussed in S156 CA61

Answer 3

This sections sets out the requirements of a person in charge of a dangerous thing to take reasonable steps to ensure peoples safety and include people in charge of cars, trains, machinary ships and includes situations wear dodgy scaffolding falls due to faulty erectiosns and inspections.

Question 4

In one incident a man stabs a woman repeatedly; the same thing happens in another incident involving a different man and woman. As a result, both women need to undergo emergency surgery during which both die of heart failure. The first woman suffers heart failure in an unpredicted reaction to the anaesthetic, whereas the second woman, although she suffers the same reaction and with the same result, wears a medic-alert badge carrying information about her known heart condition and reaction to anaesthetic. Is there any difference in these cases? Is anybody held legally responsible for either of their deaths? If so, who, and what would the charge be?

Answer 4

If a womand is stabbed repeatedly and then undergoes emergency surgery in relation to the wounds and dies of a heart attack where all reasonable precautions have beentaken into account. The person who caused the stabbing injury will be responsible for the death. the degree of liability is always a matter of the mens rea of the accussed.

However if the person stabbed was sporting a medical alert bracelet stating that they had adverse effects tpo certain drugs and those drugs were administered by the doctor then the doctors actions would be scrutinised under section 155

Question 5

Is a person who helps another person commit suicide criminally liable for their actions? Explain your answer.

Answer 5

Because the law does not recoginse the persons right to consent to death, people who help another person commit suicide or wjo are part of the suicide pact will be responsible for the other persons death and in circumstances the surviving person will be charged with manslaughter.

Example 1
Person A assist person B who has a terminal illiness with committing suicide themselves will be liable of aiding and abetting suicide. 14 years.

Example 2
If person a and b make a suicide pact and person a shoots person b killing them and then shoots themselves but survives they will be liable of manslaughter.

Example 3
If two people make a suicide pact and they both administer to themselves a dose of something that only kills one person. The survivor will be liable as a party to the suicide and not serve a term ore then 5 years.