Homicide Related Offences

Question 1

Define infanticide

(must know)

Answer 1

Infanticide is a charge brought against a mother who has killed her child as a result of her mind being unbalanced due to the effects of giving birth or lactation

It is the 3rd major charge in relation to culpable homicide

Question 2

Legislation
Sec 178 Infanticide

(must know)

Answer 2

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.

Question 3

What must be established for a case of infanticide?

Answer 3

• The killing of the child must be in a manner that would amount to culpable homicide
• must prove the mother’s mind was disturbed as a consequence of the birth of the child or another child
• the term “as a consequence” includes lactation

Question 4

Who decides on the mother’s state of mind for a charge of infanticide?

Answer 4

The Jury

Question 5

Sec 151 - Duty to provide the necessaries and protect from injury

Answer 5

Every one who has actual care or charge of a person who is a vulnerable adult and who is unable to provide himself or herself with necessaries is under a legal duty—

(a)
to provide that person with necessaries; and

(b)
to take reasonable steps to protect that person from injury

Question 6

Sec 152 - Duty of parent or guardian to provide necessaries and protect from injury

(must know)

Answer 6

Every one 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—

(a)
to provide that child with necessaries; and

(b)
to take reasonable steps to protect that child from injury.

Question 7

Sec 153 - Duty of employers to provide necessaries

Answer 7

Every one who as employer has contracted 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 that servant or apprentice is caused, or if his or her life is endangered or his or her health permanently injured, by such omission.

Question 8

Define vulnerable adult

Answer 8

Means a person unable, by reason of detention, age, sickness, mental impairment, or any other cause, to withdraw himself from the care or charge of another person

Question 9

Define necessaries

Answer 9

There is no authority on what is meant by the concept of necessaries and may be regarded as a somewhat broader concept than necessaries of life

Its former meaning, eg food, clothing, housing, warmth and medical care

Question 10

Define duty to protect from injury

Answer 10

To take reasonable steps to protect a vulnerable adult or child from injury.

Injury includes bodily harm directly caused by other persons and harm arising from human activities

Question 11

Sec 154 - Abandoning a child

Answer 11

Everyone who
unlawfully abandons or exposes
any child
under the age of 6 years

7 years

Question 12

Sec 155 - Duty of persons doing dangerous acts

Answer 12

Every one 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,
and is criminally responsible for the consequences of omitting without lawful excuse to discharge that duty.

Question 13

Sec 156 - Duty of persons in charge of dangerous things

Answer 13

Every one who has in his charge or under his control anything whatever,
whether animate or inanimate,
or who erects, makes, operates, or maintains anything whatever,
which, in the absence of precaution or care, may endanger human life
is under a legal duty to take reasonable precautions against and to use reasonable care to avoid such danger,
and is criminally responsible for the consequences of omitting without lawful excuse to discharge that duty.

Question 14

Sec 157 - Duty to avoid omissions dangerous to life

Answer 14

Every one who undertakes to do any act the omission to do which is or may be dangerous to life is under a legal duty to do that act, and is criminally responsible for the consequences of omitting without lawful excuse to discharge that duty.

Question 15

Sec 163 - Killing by influence on the mind

Answer 15

No one is criminally responsible for the killing of another by any influence on the mind alone, except by wilfully frightening a child under the age of 16 years or a sick person, nor for the killing of another by any disorder or disease arising from such influence, except by wilfully frightening any such child as aforesaid or a sick person.

Question 16

Encouraging death

Answer 16

If someone is driven into an extreme anxiety state and to commit suicide, but has no previous mental or physical ailment, the person causing the anxiety would not be culpable for the death

Question 17

What are the exceptions to Sec 163 - Killing by influence on the mind

Answer 17

• wilfully frightening a child under the age of 16 years or a sick person

Question 18

Sec 164 - Acceleration of death

Answer 18

Every one who
by any act or omission
causes the death of another person
Kills that person,
although the effect of the bodily injury caused to that person
was merely to hasten his death
While labouring under some disorder or disease arising from some other cause

Question 19

Sec 165 - Causing death that might have been prevented

Answer 19

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 restoring to proper means

Question 20

R v Blaue

Preventable death

Answer 20

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

Question 21

Sec 166 - Causing injury the treatment of which causes death

Answer 21

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 be treatment, proper or improper, applied in good faith

Question 22

Is the withdrawal of life support considered ‘treatment’?

Answer 22

No

To withdraw life support does not cause death but removes the possibility of extending the person’s life through artificial means

Question 23

Sec 179 - Aiding and abetting suicide

Answer 23

Everyone who

(a)
incites, counsels or procures
any person
to commit suicide
if that person commits or attempts to commit suicide in consequence thereof, or

(b)
aids or abets any person in the commission of suicide

Question 24

Sec 180 - Suicide Pact

(must know)

Answer 24

(1)
Every one who
in pursuance of a suicide pact
kills any other person
is guilty of manslaughter and not of murder,
and is liable accordingly.

(2)
Where 2 or more persons enter into a suicide pact,
And in pursuance of it 1 or more of them kills himself
Any survivor is guilty of being a party to a death
Under a suicide pact
contrary to this subsectio
And is liable to imprisonment for a term not exceeding 5 years
But shall not be convicted of an offence against section 179.

Question 25

Define the term suicide pact

Answer 25

Means a common agreement
Between 2 or more persons
Having for its object the death of all of them
Whether or not each is to take their own life

But nothing done by a person who enters into a suicide pact
Shall be treated as done by him in pursuance of the pact
Unless it is done while he has the settled intention of dying in pursuance of the pact.

Question 26

Sec 181 - Concealing dead body of a child

(must know)

Answer 26

Everyone who
Disposes of the dead body of any child in any manner
With intent to conceal the fact of it’s birth
Whether the child died before , during or after birth

2 years

Question 27

What intent is required for Sec 181 - concealing dead body of a child?

Answer 27

The act of disposal must be done with the intent of concealing the fact of birth

This may be satisfied even if the birth was known to some people but not others

It is enough that the intent was to conceal the birth from a particular person

Question 28

What types of things fall into the category of dangerous things under sec 156?

Answer 28

Motor vehicles
Trains
Animals
Ships
Weapons
Machinery
Explosives
Machinery inside a mussel factory
Faulty scaffolding that collapses
Unfenced holes
Other industrial type incidents

Question 29

Sec 18 - General admissibility of hearsay
EA06

Answer 29

(1)
A hearsay statement is admissible in any proceeding if -

(a)
the statement is reliable , and

(b) either

(i) the maker of the statement is unavailable as a witness

(ii) the judge considers that undue expense or delay would be caused if the maker of the statement were required to be a witness

Question 30

Can a statement taken from a person who may die be presented as evidence in a proceeding?

Answer 30

Yes

If they are dead at the time of the hearing and reasonable assurance of the statements reliability can be shown

Question 31

For a statement to be considered admissible, what circumstances should be considered?

Answer 31

• the nature of the statement
• the contents of the statement

Circumstances that relate to:
- the making of the statement

• the veracity of the person
• the accuracy of observation of the person