Homicide-Related offences

Question 1

Infanticide

Answer 1

s178
women causing death of any child of hers under 10 years
in a manner that amounts to culpable homicide
at the time of the offence the balance of her mind was disturbed
guilty of infanticide and not of murder of manslaughter
liable to term not exceeding 3 years

Question 2

Reasons given for a mind to be disturbed within infanticide

Answer 2

• not having fully recovered from the effect of giving birth to that or any other child
• effect of lactation
• by reason of any disorder consequent upon childbirth or lactation

Question 3

Legal duties summary

Answer 3

• duties imposed by statute and common law
• mostly set out in section 151-157
• failure to discharge these duties makes person liable to penalties
• providing the level of negligence required by s150A is reached

Question 4

Provision of necessaries

Answer 4

s151: duty to provide the necessaries and protect from injury
s152: duty of parents or guardian to provide necessaries and protect from injury
s153: duty of employers to provide necessaries

Question 5

Vulnerable adult definition

Answer 5

a person unable

by reason of detention, age, sickness, mental impairment, or any other cause

to withdraw himself or herself from the care or charge of another person

Question 6

Necessaries definition

Answer 6

necessaries of life
encompassed commodities and services necessary to sustain life
eg food, clothing, housing, warmth, medical care

Question 7

Duty to protect from injury, injury definition in this context

Answer 7

encompasses bodily harm

caused by direct and indirect

[persons, but also harm arising from human activities and non-human sources

Question 8

Abandoning a child

Answer 8

s154 abandoning a child under 6
7 years imprisonment
150A doesnt apply to this section

Question 9

Duty of persons doing dangerous acts

Answer 9

s155: duty if persons doing dangerous acts
- administer surgical or medical treatment
- legal duty to use reasonable knowledge skill and care
- is criminally responsible for the consequences of omitting without lawful excise to discharge that duty

Question 10

Duty of person in charge of dangerous things

Answer 10

s156
- duty of person who has under his charge or control
- 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 and use reasonable care
- to avoid such danger

Question 11

Duty to avoid omissions dangerous to life

Answer 11

s157
- everyone 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 12

Encouraging death/Influence on mind

Answer 12

s163 Killing by influencing on the mind
If someone committed suicide, driven by extreme anxiety state or work etc, person causing the anxiety would not be culpable for the death

Question 13

Acceleration of death

Answer 13

s164