Homicide-Related Offences Flashcards
Explain Infanticide (Section 178):
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
What must you establish to be able to charge with infanticide?
- Killing must amount to culpable homicide
- Must prove the mother’s mind was disturbed as a consequence of the birth of that child or another
Who decides on the mother’s state of mind?
The jury
Explain Section 151 - Duty to provide the necessaries and protect from injury
Actual care or charge of vulnerable adult.
Has a legal duty to:
- provide necessaries
- take reasonable steps to protect them from injury
Explain Section 152 - Duty of parent or guardian to provide necessaries and protect from injury
Parent or guardian who has actual care or charge of under 18.
Has legal duty to:
-provide necessaries
- take reasonable steps to protect them from injury
Explain Section 153 - Duty of employers to provide necessaries
Employer has contracted to provide necessary food, clothing or lodging for under 16’s.
Legal duty to provide.
What is a “vulnerable adult”?
A person unable, by reason of detention, age, sickness, mental impairment or any other cause, to withdraw themselves from the care or charge of another person
Explain Section 154 - Abandoning a child
7 years imprisonment
Unlawfully abandons or exposes any child under 6 years
Explain Section 163 - Killing by influence on the mind
No one is responsible for the killing by influence of the mind EXCEPT
by wilfully frightening a child under 16 years or a sick person
Explain Section 164 - Acceleration of death:
Causes death of another person merely to hasten death while suffering from disorder or disease
Explain Section 165 - Causing death that might have been prevented:
By any act or omission causes the death of another person kills that person, if death may have been prevented by resorting to proper means
Explain Section 166 - Causing injury the treatment of which causes death
Causes 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.
Example of Section 165 Causing death that might have been prevented
Someone is stabbed by an offender. The victim is a jehovah’s witness and refuses a blood transfusion then dies. Offender appeals the conviction of manslaughter saying it wasn’t reasonable for them to refuse.
Explain the liability for Section 165 and 166
Liability depends on the mens rea not on the victim’s subsequent actions. The person who caused the injury is liable for the injury and it’s consequences.
What is something you also need to consider for Section 165 and Section 166?
You also need to consider the liability of medical practitioners for failure to take care, as set out in s155, remembering that the test requiring gross negligence is set out in s150A.
