Homicide Related Offences.

Question 1

Infantcide

Answer 1

S178(1)CA61
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.

Question 2

Who determines the mothers state of mind in cases of infanticide?

Answer 2

It is for the jury to decide.

The prosecution may file both murder and infanticide charges.

Question 3

S151 CA61 duty to provide the necessaries and protect from injury.

Answer 3

(1) Every one who has the 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.

Question 4

S152 CA61 duty of parent or guardian to provide necessaries and protect from injury.

Answer 4

(1) 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 the necessaries; and
(b) to take reasonable steps to protect that child from injury.

Question 5

S153 CA61 Duty of employers to provide necessaries

Answer 5

(1) Every one who as an 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 life is endangered or his health permanently injured, by such omission.

Question 6

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.

May be short lived or temporary.
Is a matter of objective determination.

Question 7

Necessaries?

Answer 7

A broad concept that encompasses commodities and services necessary to sustain life, such as food, clothing, housing, warmth and medical care.

Question 8

Duty to protect from injury?

Answer 8

To take reasonable steps to protect vulnerable adult or child from injury.

Question 9

Injury?

Answer 9

Injury encompasses not only bodily harm directly caused by other persons but also harm arising from human activities and non-human sources.

Question 10

S154 CA61 abandoning a child under 6

Answer 10

Every one who
Unlawfully abandons or exposes any child under the age of 6 years.

7 years

Question 11

S155 CA61 duty of persons doing dangerous acts.

Answer 11

Every one who undertakes (except in cases 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.

Question 12

S156 CA61 duty of persons in charge of a dangerous thing.

Answer 12

Every one 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 13

Anything whatever?

Answer 13

Includes such things as motor vehicles, trains animals, ships, weapons machinery and explosives.

Question 14

S157 Duty to avoid omissions that endanger life

Answer 14

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.

Question 15

S163 Killing by influence of the mind.

Answer 15

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.

Question 16

S164 acceleration of death.

Answer 16

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 death while labouring under some disorder or disease arising from some other cause.

Question 17

S165 causing death that might have been prevented.

Answer 17

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.

Question 18

S166 causing injury the treatment of which caused death.

Answer 18

Every one who causes to another 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 19

R v Blaue

Answer 19

Those who use violence must take their victims as they find them.
(victim refused treatment and subsequently died)

Question 20

R v Tarei

Answer 20

The withdrawal of any form of life support system is not treatment under S166. It does not cause death but removed the possibility of extending life thought artificial means.

Question 21

R v Jordan

Answer 21

• Death resulting from any normal treatment employed to deal with a felonious injury may be regarded as caused by the injury.
• In other circumstances, it is a question of fact to establish a casual connection between the death and the felonious injury.

Question 22

No us acus Interviens?

Answer 22

(A new intervening act)

An intervening act that breaks the chain of causation.

Question 23

What is the new Zealand position in relation to S165 and S166?

Answer 23

The injury must remain a substantial cause of the death which grew from the subsequent effects and risks.

Question 24

S179 Aiding and abetting suicide

Answer 24

Every one who-
(a) Incites, counsels, or procures any person to commit suicide, if that person attempts to commit suicide in consequence thereof; or
(b) Aids or abets any person in the commission of suicide.
(14 years.)

Question 25

S180(1) Suicide pact?

Answer 25

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.

Question 26

S180(2) Suicide pact

Answer 26

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 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 shall not be convicted of an offence against section 179 of this Act.

Question 27

Suicide pact?

Answer 27

S180(3)CA61.
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 y 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 28

S181 concealing the body of a child

Answer 28

Every one 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.
(2 years)

Question 29

Child in relation to S181?

Answer 29

Not defined but intended to refer to a child of comparatively recent birth.

Question 30

Intent to conceal in relation to S181?

Answer 30

It will be enough that the intent was to conceal the birth from a particular individual (others may know).

Question 31

S18 Evidence Act 2006 hearsay statements

Answer 31

(1) A hearsay statement is admissible in any proceeding 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.

Question 32

Circumstances to consider re: heresy statements?

Answer 32

• the nature of the statement
• the content of the statement
• the 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.