Homicide Related Offences

Question 1

State the ingredients of infanticide

Answer 1

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 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 other 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 2

Where a charge of infanticide is laid, who decides on the mothers state of mind?

Answer 2

The jury

Question 3

What are the legal duties of a parent / guardian under section 152 of the Crimes Act 1961?

Answer 3

Everyone who is a parent, or is a person in place of a parent, who has actual care of 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 4

Section 153 of the Crimes Act 1961, what is the relevant age of person who is employed

Answer 4

Under the ages of 16 years.

Question 5

What are the ingredients of Section 154 of the Crimes Act 1961, abandoning a child under 6?

Answer 5

Everyone is liable to imprisonment for a term not exceeding 7 years who unlawfully abandons or exposes any child under the ages of 6 years.

Question 6

Outline R v Blaue

Answer 6

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

Question 7

Define R v Tarei

Answer 7

The withdrawal of any form of life support system is not “treatment” under Section 166 of the Crimes Act 1961. To withdraw life support does not cause death but removes the possibility of extending the person’s life through artificial means.

Question 8

Define the term “Suicide Pact” Section 180(3) Crimes Act 1961

Answer 8

For the purposes of this section the term suicide pact 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 his own life; but nothing done by a person who enters into a suicide pact shall be treated as 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 9

What are the elements of suicide pact under Section 180, Crimes Act 1961?

Answer 9

• Everyone who in pursuance of a suicide pact kills any other person is guilty of manslaughter and not murder.
• Where two or more persons enter into a suicide pact, and in pursuance of it, one or more of them kills himself, any survivor is guilty of being a party to a death under a suicide pact (is not liable to Section 179 aiding and abetting suicide.)
• For the purposes of this section, the term suicide pact means a common agreement between two or more persons having for it object the death of all of them, whether or not each is to take his 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.

Question 10

What are the elements of aiding and abetting suicide under Section 179 Crimes Act 1961.

Answer 10

• Everyone who
• Incites, counsels, or procures any person to commit suicide, if that person commits or attempts to commit suicide thereof or
• Aids or abets any person in the commission of suicide

Question 11

Provide an overview of the culpability of persons involved in suicide pacts

Answer 11

Any survivor of a suicide pact is guilty of being a party to a death (if death of another person with the pact ensues)

Question 12

Give an example when murder might be reduced to manslaughter even though the accused intended to kill or cause grievous bodily harm.

Answer 12

Mitigating circumstances, such as a suicide pact, reduce what would otherwise be murder to manslaughter, even though the accused may have intended to kill or cause grievous bodily harm.

Question 13

Outline Section 181 of the Crimes Act 1961 (concealing a dead body of a child)

Answer 13

Everyone is liable to imprisonment for a term not exceeding 2 years who disposes of the dead body of any child in any manner with intent to conceal that fact of its birth, whether the child died before, or during, or after birth.

Question 14

Gary and Charles make a suicide pact and prepare to end their lives using a pistol. Charles wants to go first but can’t bring himself to pull the trigger so asks Gary to shoot him which Gary does putting a single bullet in Charles’s head. Gary then shoots himself in the chest but misses his heart and he survives. Is Gary guilty of any offence and if so, what offence?

Answer 14

Gary is guilty of manslaughter.

Question 15

Gary and Charles make a suicide pact and prepare to end their lives by overdosing on IV morphine. Both self-administered morphine into their own veins together. Gary dies from the overdose, but Charles survives. Is Charles guilty of any offence, and if so, what offence?

Answer 15

Charles is guilty of being a party to a death under a suicide pact and is liable to imprisonment for term not exceeding 5 years.

Question 16

Polnareff and Mohammed are talented wizards. One day, while pondering their orbs, they both decide to kill themselves. Polnareff and Mohammed both self-administer a special magical portion of ‘instant death’. As a result, Polnareff instantly dies. However, Mohammed’s potion was brewed incorrectly, and as a result he survived. What is Mohammed liable for?

Answer 16

Mohammed is liable under section 180(2) as he survived the suicide pact and did not administer the potion to Polnareff. He is guilty of being a party to a death under a suicide pact.

Question 17

What is the definition of a parent in relation to section 152

Answer 17

A parent or a person in place of a parent who has actual care or charge of the child.