Homicide Related Offences Flashcards
Infanticide
S178 (1)
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.
Case of infanticide - you must prove:
- killing of child is in a manner that amounts to culpable homicide
- Must prove mother’s mind was disturbed as a consequence of the birth of that child or another.
NOTE: Jury can return a special verdict for a mother charged with M or MS if they believe her state of mind is the effect of childbirth
S151
Duty to provide 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.
S152
Duty of parent or guardian to provide necessaries and protect from injury:
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.
S153
153 Duty of employers to provide necessaries:
(1) 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
Vulnerable Adult
Means 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.
It may be short loved vulnerability.
It is an objective determination.
S154
Abandoning child under 6:
Every one is liable to imprisonment for a term not exceeding 7 years who unlawfully abandons or exposes any child under the age of 6 years.
S155
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.
S156
Duty of persons in charge of dangerous things:
Every one who has in his or her charge or under his or her 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.
S156 - anything whatever definition:
Wide definition includes things such as motor vehicles, trains, animals, ships, weapons, machinery and explosives.
S157
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.
S163 - Encouraging death
S 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.
When would s163 not be applicable:
- Someone driven to extreme anxiety by work or domestic pressures, but had no previous mental or physical ailment and committed suicide.
S164
S164 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 or her death while labouring under some disorder or disease arising from some other cause.
S165
Causing death that might have been prevented:
Every one 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 resorting to proper means.
Note:
Imposes liability for a death if an injury caused is the operative cause of death. (Directly or through a secondary condition) - even if it may have been prevented with proper treatment.
S165 - Causing Death - Case Law
R v Blaue
Those who use violence must take their victims as they find them.
- Jehovah’s Witness refuses a blood transfusion.
S166 - treatment of the injury
- as long as the treatment was made in good faith, the person causing the injury is responsible.
Withdrawal of life support
- not considered - ‘treatment’ (under section 166)
Novus acus intervien
An intervening act that breaks the chain of causation (S166)
Key points of s165 and 166
- injury must remain a substantial cause of the death which grew from subsequent effects and risks.
S166 - examples
- person wounded in a duel and died as a result of the surgical operation made necessary by the wound.
- The deceased had been severely kicked by the defendant. A surgeon gave the deceased some brandy to restore her, but some of that went into her lungs. It was suggested this was the immediate cause of death. However, the court held this did not affect the defendant criminal responsibility.
- It is necessary to operate on a person as a result of an assault on him by the defendant. The person died under the administration of anaesthetic.
S179
Aiding and abetting suicide:
(1) Every one is liable to imprisonment for a term not exceeding 14 years 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.
S180
Suicide pact:
(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 or herself, any survivor is guilty of being a party to a death under a suicide pact contrary to this subsection and is liable to imprisonment for a term not exceeding 5 years; but he or she shall not be convicted of an offence against section 179.
(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 or her own life; but nothing done by a person who enters into a suicide pact shall be treated as done by him or her in pursuance of the pact unless it is done while he or she has the settled intention of dying in pursuance of the pact.
