Homicide - Related Offences Flashcards
Infanticide
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.
Where a charge of infanticide is laid, who decides on the Mothers state of mind?
The Jury
Legal duties of a parent/guardian under section 152 of the 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—
(a) To provide that child with necessaries; and
(b) To take reasonable steps to protect that child from injury.
What are the ingredients of section 154 of the Crimes Act 1961, abandoning a child under 6?
Everyone is liable to imprisonment for a term not exceeding 7 years who unlawfully abandons or exposes any child under the age of 6 years.
Encouraging Death - s163 CA61, Killing by influence of 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.
R v BLAUE – Preventable death
Those who use violence must take their victims as they find them.
R v TAREI – Withdrawl of life support
Withdrawal of any form of life support system is not “treatment” under s166 Crimes Act 1961. To withdraw life support does not cause death but removes the possibility of extending the person’s life through artificial means.
“Suicide Pact” s180(3) Crimes Act 1961
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.
S179 CA61 – Culpability of another person
Section 179 makes it an offence for a person (Person A) to assist another person (Person B) to commit suicide without any intention of Person A committing suicide themselves. For example, when a terminally ill person (Person B) asks their partner to help them commit suicide and their partner (Person A) does. Person A would be liable for aiding and abetting suicide, which has a maximum penalty of 14 years imprisonment.
s 181 CA61 - Concealing a dead body of a child
Every one 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, or during, or after birth
Section 180(1) - Suicide pact, one dies, one person’s actions
Section 180(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. For example if Person A and Person B enter a suicide pact, and Person A shoots Person B, killing Person B, before shooting themselves, but Person B lives. Person B would be guilty of manslaughter, and not murder.
Section 180(2) - Suicide pact, one dies, both people’s actions
Section 180(2) makes it an offence for two people to enter into a suicide pact, where they are both responsible for the actions that caused one of their deaths (Person A), and where one person survives (Person B). For example if Person A and Person B both self administer a high dosage of morphine and Person A dies as a result of their own actions, but Person B survives the overdose. Person B would be guilty of being a party to a death under a suicide pact and is liable to imprisonment for a term not exceeding 5 years. Person B cannot be convicted of an offence under s. 179 of the Crimes Act (Aiding and Abetting Suicide).
