Homicide Related Offences Flashcards
Infanticide
Section 178 CA61
s178 Infanticide
(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 child or ay 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.
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Jury to decide on mother’s state of mind.
Causing Death
Section 165 CA61
Section 166 CA61
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.
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s166 Causing Injury the Treatment of which Causes Death
Every one who causes to another person and 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.
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Injury must remain a substantial cause of death. There must be a causal connection/chain between the act and the death and not related to some other intervening factor. Liability depends on the mens rea.
Preventable Death
Section 165 CA61
Case Law:
R v Blaue
Those who use violence must take their victims as they find them.
Liability depends on the mens rea not the vicim’s subsequent actions.
Example:
Victim, a Jehovah’s Witness, stabbed refused to accept blood transfusion due to her religious beliefs despite warning she may die, she persisted in her refusal and dies as a result.
The court commented the question for decision is what caused her death. The answer is the stab wound. The fact the victim refused to stop this end coming about did not break the causal connection between the act and death.
Examples of s166
When Treatment of Injury Causes Death
- Person wounded in duel and dies as a result of surgical operation made necessary by the wound. The defendant inflicting the wound is guilty of murder.
- Person severely kicked by defendant. Surgeon gives person brandy to restore her, but some of it goes into her lungs. It was suggested this was the immediate cause of death. Defendant liable for criminal responsibility.
- Necessary to operate on a person as a result of an assault on him by the defendant. The person dies under administration of anaesthetic. Defendant liable for criminal responsibility.
Aiding and Abetting Suicide
Section 179
s179 Aiding and Abetting Suicide
Every one is liable for 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.
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E.g. Giving a tetraplegic an overdose of sleeping pills on the latter person’s request.
Suicide Pact
Section 180(1) CA61
s180
Suicide Pact
(1) Everyone who in pursuance of a suicide pact kills any other person is guilty of manslaughter and not of murder, and is liable accordingly.
Example:
A and B enter into suicide pact. A shoots B, killing B. A shoots himself, survives. A is liable for manslaughter.
Suicide Pact
Section 180(2) CA61
(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 party to a death under a suicide pact contrary to this to this subsection and is liable to imprisonment for a term not exceeding 5 years; but should not be convicted of an offence against s179 of this Act.
Example:
A and B enter into suicide pact. A and B both self administer high dosage of morphine. A dies and B survives. B is liable for party to suicide pact (<5yrs imprisonment)
Suicide Pact
Section 180(3) CA61
(3) For the purpose of this section the term suicide pact means a [common agreement between 2 or more persons having for it’s 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 pursuance of the pact].
Concealing a Child’s Body
Section 181 CA61
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, or during, or after the birth.
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Refers to a child of comparatively recent birth. The body must be dead when disposed of, although not necessary that the body should be found and identified.
If the child is alive when disposed of and subsequently dies, it may be murder or manslaughter or, in the case of the mother, infanticide.
Admissibility of Hearsay Statements
Section 18 Evidence Act 2006
Taking a statement from a Dangerously Ill or Dying Person
s18 General Admissibility of Hearsay
(1) A hearsay statement is admissible in any proceeding if -
(a) The circumstances relating to the statement provide a reasonable assurance that the statement is reliable; and
(b) either -
(i) the maker of the statement is unavailable as a witness; or
(ii) the Judge considers that undue expense and delay would be caused if the maker of the statement were required as a witness.
Reasonable Assurance
Section 18(1) Evidence Act 2006
For a statement to be considered admissible under s18(1), the Court must be satisfied that both the content and the person who made it are reliable. Factors to consider to demonstrate reliability:
- Nature of the statement
- Content of the statement
- Circumstances relating to the making of the statement
- Circumstances relating to the veracity of the person making the statement
- Circumstances relating to the accuracy of the observation of the person.
