Homicide Related Offences Flashcards
Define infanticide
(must know)
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
Legislation
Sec 178 Infanticide
(must know)
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.
What must be established for a case of infanticide?
- 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
Who decides on the mother’s state of mind for a charge of infanticide?
The Jury
Sec 151 - Duty to provide the necessaries and protect from injury
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
Sec 152 - Duty of parent or guardian to provide necessaries and protect from injury
(must know)
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.
Sec 153 - Duty of employers to provide necessaries
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.
Define vulnerable adult
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
Define necessaries
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
Define duty to protect from injury
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
Sec 154 - Abandoning a child
Everyone who
unlawfully abandons or exposes
any child
under the age of 6 years
7 years
Sec 155 - Duty of persons doing dangerous acts
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.
Sec 156 - Duty of persons in charge of dangerous things
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.
Sec 157 - Duty to avoid omissions dangerous to life
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.
Sec 163 - Killing by influence on the mind
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.
Encouraging death
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
What are the exceptions to Sec 163 - Killing by influence on the mind
- wilfully frightening a child under the age of 16 years or a sick person
Sec 164 - Acceleration of death
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
Sec 165 - Causing 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 restoring to proper means
R v Blaue
Preventable death
Those who use violence must take their victims as they find them
Sec 166 - Causing injury the treatment 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 be treatment, proper or improper, applied in good faith
Is the withdrawal of life support considered ‘treatment’?
No
To withdraw life support does not cause death but removes the possibility of extending the person’s life through artificial means
Sec 179 - Aiding and abetting suicide
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
Sec 180 - Suicide Pact
(must know)
(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.
Define 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 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.
Sec 181 - Concealing dead body of a child
(must know)
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
What intent is required for Sec 181 - concealing dead body of a child?
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
What types of things fall into the category of dangerous things under sec 156?
Motor vehicles
Trains
Animals
Ships
Weapons
Machinery
Explosives
Machinery inside a mussel factory
Faulty scaffolding that collapses
Unfenced holes
Other industrial type incidents
Sec 18 - General admissibility of hearsay
EA06
(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
Can a statement taken from a person who may die be presented as evidence in a proceeding?
Yes
If they are dead at the time of the hearing and reasonable assurance of the statements reliability can be shown
For a statement to be considered admissible, what circumstances should be considered?
- 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
