Homicide Related Offences

Question 1

Legisltion s178 - Infanticide

Answer 1

s178
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 any reason of any disorder consequent upon child birth or lactation
To such an extent that she should not be held fully responsible, she is guilty of infanticide, not murder/manslaughter

Question 2

Punishment for Infanticide

Answer 2

3 years imprisonment

Question 3

Legislation s151 - duty to provide necessaries and protect from injury

Answer 3

Having actual care or charge of a person who is a vulnerable adult who is unable to provide himself/herself with necessaries
is under a legal duty to
provide that person with necessaries and
take reasonable steps to protect that person from injury

Question 4

Legislation s152 - duty of parent to provide necessaries and protect from injury

Answer 4

Being a parent, or 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
take reasonable steps to protect that child from injury

Question 5

Legislation s153 - duty of employers to provide necessaries

Answer 5

Being an employer
has contracted to provide necessary food, clothing,or lodging for any servant or apprentice under 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 life is endangered or his health permanently injured by such omission

Question 6

Define vulnerable adult

Answer 6

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.

Question 7

Define necessaries

Answer 7

Necessaries of life encompasses commodities and services necessary to sustain life such as food, clothing, housing, warmth and medical care.
Necessaries may be regarded as a broader concept of this.

Question 8

Legislation s154 - abandons child under 6

Answer 8

unlawfully abandons or exposes any child under 6 years.
7 yrs imprisonment

*Standard of care s150A doesn’t apply to this section)

Question 9

Legislation s155 - duty of person doing dangerous acts

Answer 9

Everyone who undertakes (except in case of necessity) to administer surgical/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.

Question 10

Legislation s156 - duty of person in charge of dangerous things

Answer 10

Everyone who has in his charge or under his 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.

Question 11

Define anything whatever

Answer 11

It is extremely wide. Includes such things as motor vehicles, trains, animals, ships, weapons, machinery and explosives.

Question 12

Legislation s157 - duty to avoid omissions dangerous to life

Answer 12

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 consequence of omitting without lawful excuse to discharge that duty.

Question 13

Legislation s163 - killing by influence on the mind

Answer 13

No one is criminally responsible for the killing of another by any influence on the mind alone, except by willfully frightening a child under 16 years or a sick person, nor for the killing of another by any disorder arising from such influence, except but willfully frightening any such child as aforesaid or a sick person.

Question 14

Legislation s164 - acceleration of death

Answer 14

Everyone who by any act or omission causes death of another person kills that person, although the effect of the bodily injury caused to that person was merely to hasten his death while laboring under some disorder or disease arising from some other case.

Question 15

Legislation s165 - causing death that might have been prevented (Jehovahs witness example)

Answer 15

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.

Question 16

Legislation s166 - causing injury the treatment of which causes death

Answer 16

Causes to another person any 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.

Question 17

Case law R v Blaue

Answer 17

Those who use violence must take their victims as they find them.

Question 18

Is withdrawal of life support considered treatment?

Answer 18

No, to withdraw life support does not cause death but removes the possibility of extending the persons life through artificial means.

Question 19

What is the defense of novus actus interveniens?

Answer 19

An intervening act that breaks the chain of causation.

Question 20

The injury must remain a __________ ___________of the death which grew from the subsequent effects and risks.

Answer 20

substantial cause

for s165 and s166

Question 21

Examples of s166

Answer 21

• a person wounded in a dual and died as a result of e surgical operation made necessary by the wound. The person who inflicted the wound was guilty of murder
• the deceased has been severely kicked by the defendant. A surgeon gave the deceased brandy to restore her but some went in to her lungs. It was suggest that this was the immediate cause of death. The Court held this did not affect the defendants criminal responsibility
• it was necessary to operation a person as a result of an assault on him by the defendant. The person died under administration of anesthetic. It was held this did not effect the defendants criminal responsibility.

Question 22

Legislation s179 - aiding and abetting suicide

Answer 22

a) incites, counsels or procures any person to commit suicide, if that person commits suicide or attempts to commit suicide in consequence thereof.
b) aids or abets any person in the commission of suicide

14 yrs imprisonment

Question 23

Legislation s180 - suicide pact

Answer 23

Everyone who in pursuance of a suicide pact kills any other person is guilty of manslaughter and not murder and is liable accordingly.
Where two or more persons enter a suicide pact, any survivor is guilty of being a party to the death and is liable to 5 years imprisonment

Question 24

Define suicide pact

Answer 24

Means a common agreement between two or more persons having for its object the death of all if 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.

Question 25

Legislation s181 - concealing dead body of child

Answer 25

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.

2 years imprisonment

Question 26

What is a child in relation to s181?

Answer 26

Is intended to mean a child of comparatively recent birth.

Question 27

Is it sufficient if a child body was concealed with intent to conceal the birth from a particular individual?

Answer 27

Yes, even if the birth is known to some but not others.

Question 28

In cases of infanticide, does the killing of the child have to be in manner that would amount to culpable homicide?

Answer 28

Yes