Homicide related offences Flashcards
what is infanticide
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 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.
what must the killing of a child amount to
the killing of a child must be in the manner that would amount to culpable homicide
you must also prove that the mothers mind was disturbed by the birth of that child or another child
who decides on the mothers state of mind
the jury decides whether the mothers state of mind is due to the effects of the child birth. if a mother is charged with murder or manslaughter and they believe her state of mind is due to the effects of child birth then they are required to return a special verdict of acquittal on account of insanity caused by child birth
in charges of infanticide, the jury also decides on the mothers state of mind
section 151
duty to provide the necessaries and protect from injury
everyone who has actual care or charge of a person who is a vulnerable adult unable to provide themselves with necessaries is under a legal duty to:
- provide that person with necessaries and
- take reasonable steps to protect that person from injury
section 152
duty of parent or guardian to provide necessaries and protect from injury
everyone who is a parent or is in place of a parent who has actual care or charge of a child under the age of 18 is under a legal duty to:
- provide that child with necessaries and
- to take reasonable steps to protect that child from injury
section 153
duty of an employer to provide necessaries
everyone 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 life is endangered or health permanently injured by such omissions
what is a vulnerable adult
vulnerable adult means “a person unable, by reason of age, sickness, mental impairment, or any other cause, to withdraw himself or herself from the care or charge of another person”
what is the meaning of necessaries
necessaries of life encompasses commodities and services necessary to sustain life, such as food, clothing, housing, warmth and medical care
what is the duty to protect from injury
the duty imposes taking reasonable steps to protect a vulnerable adult or child from injury. injury encompasses not only bodily harm directly caused by other persons but also harm arising from human activities and non human sources
section 154
abandoning a child under 6:
everyone is liable to a term not exceeding 7 yrs imprisonment who unlawfully abandons or exposes any child under the age of 6 years
section 155
duty of persons doing dangerous acts:
everyone 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
section 156
duty of persons in charge of dangerous things:
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 consequence of omitting without lawful excuse to discharge that duty
under section 156 what does “anything whatever” include
it includes things such as motor vehicles, trains, animals, ships, weapons, machinery and explosives
section 157
duty to avoid omissions dangerous to life
everyone who undertakes to do an act where the omission to do it 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
section 163
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 yrs 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 foresaid or a sick person
section 164
acceleration of death
everyone 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 death while labouring under some disorder or disease arising from some other cause
section 165
causing death that might have been prevented
everyone 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
section 166
causing injury, the treatment of which causes death
everyone who 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
R v Blaue
relates to s165
- jehovahs witness was stabbed, refused blood transfusion, and subsequently died
- defendant’s appeal that her refusal to have transfusion broke chain of causation between stabbing and her death was dismissed by the court
court noted “the question for decision is what caused her death, the answer is a stab wound. the fact that the victim refused to stop this end coming about did not break the causal connection between the act and death”
r v kirikiri
relates to s166
- victim was seriously injured, treated for injuries but died anyway
- defendant argued the treatment not only aggravated victims condition but caused death independently
- judge rejected this argument and held that it was a matter of fact for the jury to decide whether the injury inflicted remained an operative cause at the time of death
r v tarei
withdrawal of life support does not fall within meaning of s166 as it is not treatment. removal of life support does not cause death but removes the possibility of extending the persons life through artificial means
R v jordan
jordan stabbed man in chest. wound was healing but medical practitioner carelessly used drug the victim was allergic to and victim subsequently died
english court of appeal stated 2 rules:
1. death resulting from normal treatment employed to deal with injury may be regarded as caused by the injury
- in other circumstances it is a question of fact to establish a causal connection between the death and the felonious injury
Jordans conviction was quashed because the treatment received by the victim was not normal
novus acus interviens
an intervening act that breaks the chain of causation
what is the position in NZ under s165 and s166
the injury must remain a substantial cause of the death which grew from the subsequent effects and risks
section 179
aiding and abetting suicide
everyone is liable to imprisonment for 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 in consequence thereof; or
b) aids or abets any person in the commission of suicide
section 180
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
2) where 2 or more persons enter into a suicide pact and one or more of them kill themselves any survivor is guilty of being a party to a death under a suicide pact and is liable for imprisonment for term not exceeding 5 years
what is the meaning of suicide pact given under section 180(3)
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
s180(1) example
- person A and person B enter suicide pact
- person A shoots person B killing them
- person A then shoots themself but lives
person A would be guilty of manslaughter
s180(2) example
- person A and person B enter into a suicide pact and self administer a high dosage of morphine
- 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
person B cannot be convicted of aiding and abetting a suicide under s179
section 181
concealing dead body of child
everyone is liable to imprisonment for term not exceeding 2 years who disposes of the dead body of any child in any manner with intent to conceal the fact of it’s birth, whether the child died before, during or after birth
what must the intent be of the person concealing the dead body of the child
the act of disposal must be done with the intent of concealing the fact of birth, it is enough that the intent was to conceal the birth from a particular individual
section 18 of evidence act 2006
1) a hearsay statement is admissible in any proceedings if:
a) the circumstances relating to the statement provide 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 or delay would be caused if the maker of the statement were required to be a witness
for a statement to be admissible what must the court be satisfied of
the reliability of both the content of the statement and the statement maker, you must therefore record any factors demonstrating their reliability
what circumstances should you consider under s16(1) of the evidence act 2006
- the nature of the statement
- the contents of the statement
- the circumstances relating to the making of the statement
- the circumstances relating to the veracity of the person making the statement
- the circumstances
- the circumstances relating to the accuracy of the observation of the person
