Homicide Related Offences Flashcards
Infanticide - Section 178(1)
Where a woman causes the death of her child, under the age of 10 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 childbirth or lactation, to an extent that she should not be held 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 you prove in relation to Infanticide?
That the mother’s mind was disturbed as consequence of the birth of that child or of another child
Elements of duty to provide the necessaries and protect from injury
Section 151, Crimes Act 1961
- 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 a legal duty to provide that person with necessaries and to take reasonable steps to protect that person from injury
Elements of duty of parent or guardian to provide necessaries and protect from injury
Section 152, Crimes Act 1961
- 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 years
- Is under a legal duty to provide that child with necessaries and to take reasonable steps to protect that child from injury
Definition of vulnerable adult
A person unable, by reason of detention, age, sickness, mental impairment, or any other cause, to withdraw himself or herself from the care or charge of another person.
Elements of suicide pact
Section 180(1), Crimes Act 1961
- Everyone who
- In pursuance of a suicide pact
- Kills any other person
- Is guilty of manslaughter and not of murder and is liable accordingly.
Intent required for a charge of concealment of the body of a child
Disposal must be done with the intent of concealing the fact of birth, whether the child died before, during or after birth.
Suicide pact - Section 180 (2)
Where 2 or more persons enter into a suicide pact, and one or more of them kills himself, any survivor is guilty of being a party to a death under a suicide pact and is liable to imprisonment for a term not exceeding 5 years. He cannot not be convicted of an offence against section 179 (Aiding and abetting suicide).
Penalty for abandoning child under 6 - Section 154
7 years
Elements and penalty of concealing dead body of child
Section 181, Crimes Act 1961, 2 years imprisonment
- 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 before, or during, or after birth.
If Person A and Person B enter a suicide pact, and Person A shoots Person B, killing Person B, before shooting themselves, but Person A lives - What is person A guilty of?
Manslaughter, not murder
When a terminally ill person (Person B) asks their partner to help them commit suicide and their partner (Person A) does. What is Person A liable for?
Aiding and abetting suicide - Section 179, Crimes Act 1961 (14 years imprisonment).
