Homicide Related Offences Flashcards
What is infanticide S178(1) CA61
Where a woman caused the death of her child under the age of ten in a manner that amounts to culpable homicide and where at the time of the offence her mind was disturbed
- by not having fully recovered from giving birth to that child or any other child OR
- by the effects of lactation OR
- By any disorder consequent to child birth or lactation, to an extent that she should not be held responsible
She is guilty of infanticide and not murder or manslaughter and is liable to imprisonment not exceeding 3 years
What must you prove in relation to infanticide S178(1) CA61
That the mothers mind was disturbed as a consequence of the birth of that child or another child
What are the elements of S151 CA61
Duty to provide necessaries and protect from injury
S151 CA61
Everyone 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 legal duty to provide that person with necessaries and take reasonable steps to protect that person from injury
What are the elements of S152 CA61
Duty of parent or guardian to provide necessaries and protect from injury
S152 CA61
Everyone 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
- is under legal duty to provide that child with necessaries and to take reasonable steps to protect that child from injury
Define vulnerable adult
A person who is unable by reason of detention, age, sickness, mental impairment or any other cause, to withdraw Himself/herself from the care or charge of another person
What are the elements of S180(1) CA61
Suicide Pact
S180(1) CA61 Suicide Pact
- Everyone who
- In pursuance of a suicide pact
- kills any other person
What is the intent required for a charge of concealment of the body of a child
- disposal must be done with intent of concealing the fact of a birth, whether the child died before, during or after birth
(Check the wording)
What is S180(2) Suicide pact
Where two or more persons enter into a suicide pact and one or more of them kill’s himself, any survivor is guilty of being party to a death under a suicide pact and is liable to imprisonment for a term not exceeding 5 years. He cannot be convicted of an offence under S178 aiding and abetting suicide
What is the penalty for abandoning a child under 6 years of age
7 years
What are the elements and penalty for concealing a dead body of a child S181CA61
S181 CA61 (2 years)
-everyone who
Disposes of the dead body of any child
In any manner
With intent to conceal the fact of its birth, whether the child died b4, during or after birth
If person A and person B enter into a suicide pact and person A shoots person B before shooting themselves and person A lives- what offence are they guilty of
They are guilty of manslaughter not murder
When a terminally ill person asks person b to help them commit suicide and their partner does.
What offence are they liable for and what is the punishment
Aiding and abetting g suicide S179 CA61
14yrs
