Homicide-Related Offences Flashcards
State the ingredients of infanticide (s178 CA61):
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 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.
Where a charge of infanticide is laid, who decides on the mother’s state of mind?
It is for the jury to decide on the mother’s state of mind.
What are the legal duties of a parent/guardian under s152 of the Crimes Act 1961?
(1) Every one who is a parent, or is 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
What is the relevant age of the person who is employed under s153 of the Crimes Act 1961?
Under the ages of 16 years.
What are the ingredients of s154 of the Crimes Act 1961 (abandoning a child under 6 years old)?
- Every one who
- Unlawfully abandons or exposes any child under the age of 6 years
What was held in R v Blaue regarding preventable death?
Those who use violence must take their victims as they find them.
What was held in R v Tarei regarding the withdrawal of life support?
The withdrawal of any form of life support system is not “treatment” under s166 CA61. To withdraw life support does not cause death but removes the possibility of extending the person’s life through artificial means.
Define the term ‘suicide pact’ outlined in s180(3) CA61?
- 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 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
What are the elements of suicide pact under s180 CA61?
(1) Everyone who in pursuance of suicide pact kills any other person is guilty of manslaughter and not of murder.
(2) Where 2 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 (and is not liable to s179 - aiding and abetting suicide).
(3) 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 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.
What are the elements of aiding and abetting suicide under s179 CA61?
- Everyone who
- Incites, counsels, or procures any person to commit suicide, if that persons commits or attempts to commit suicide in consequence thereof; or
- Aid or abets any person in the commission of suicide.
Provide an overview of the culpability of persons involved in suicide pacts:
S180(1) - Makes it an offence to enter into a suicide pact, and only one person dies as a result of an action by another person. E.g., PA and PB enter pact, and PA shoots PB before shooting themself but lives, PA would be guilty of manslaughter.
S180(2) - Makes it an offence for two + people to enter into a suicide pact, where they are both responsible for the actions that cause one of their deaths (PA), and where one person survives (PB). E.g., both administer high dosage of morphine but only PB dies, PA would be guilty of being party to a death under a suicide pact.
Give an example when murder might be reduced to manslaughter even though the accused intended to kill or cause grievous bodily harm?
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.
Outline s181 CA61 - Concealing dead body of a child
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 the fact of its birth, whether the child died before, during, or after birth.
