Homicide-Related Offences Flashcards
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.
JURY DECIDE ON STATE OF MIND
What Must Prosecution Prove For S150A(1)?
A very high degree of negligence or gross negligence.
4 Statutory Legal Duties
- 151: Duty to provide necessities and protect from injury
- 152: Duty of parent or guardian to provide necessities and protect from injury
- 153: Duty of employer to provide necessities
- 154: Abandoning child under 6
- 155: Duty of persons doing dangerous acts
- 156: Duty of person in charge of dangerous things
Duty To Provide Necessaries and Protect from Injury
S151 - NECESSARIES AND INJURY
Everyone who has actual care/charge of vulnerable adult (unable to provide self) has legal duty to provide person with necessaries and take reasonable steps to protect that person from injury.
Duty of Parent or Guardian to Provide Necessaries and Protect From Injury (S152)
PARENT/GUARDIAN - 152
Every one who is a parent/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
Duty of Employers to Provide Necessaries (S153)
EMPLOYERS - 153
Everyone who as employer has contracted to provide necessary food, clothing, or lodging for any servant/apprentice under the age of 16 years has legal duty to provide that, and is criminally responsible for omitting without lawful excuse to perform such duty if the death of that servant/apprentice is caused, or if his life is endangered or his health permanently injured.
Abandoning a Child (S154)
Liable to 7+ years who unlawfully abandons or exposes any child under 6.
R V BLAUE
R V BLAUE (S165)
Those who use violence must take their victims as the find them - Jehovah witness stabbed but refused to accept blood transfusion, still a causation between stabbing and ultimate death
Suicide Pact (S180)
SUICIDE PACT
1 - Every one who as part of suicide pact kills any other is guilty of manslaughter and not of murder.
2 - Where 2 or more persons enter into a suicide pact, and in pursuance one or more of them kills himself, any survivor is guilty of being a party to a death under a suicide pact. Liable up to 5 years; but not to S179.
What is a SUICIDE PACT
WHAT IS A SUICIDE PACT
Common agreement between 2 or more 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.
Concealing A Child’s Body (S181)
2 years for disposal of the dead body of any child in any manner with intent to conceal the fact of its birth, whether the child dies before, during or after birth.
Withdrawal of Life Support
LIFE SUPPORT - withdrawal does not cause death but removed the possibility of extending their life by artificial means.
Person dies during treatment, person who caused original injury still liable
