Infanctside Flashcards
Infantside
S. 178
Where a women causes the death of ay child under the age of 10 in a manner which amounts to culpable homicide, and at the time of offence her mind was disturbed - by reason of not having fully recovered from giving birth to that child or another
3 years
Must amount to culpable homicide
must prove
Must prove mothers mind was disturbed as a consequence of giving birth to that child or another.
(as a consequence includes period of lactation)
Mothers state of mind determined by;
Jury to decide
Acquittal on account of insanity cause by childbirth
Legal duties
s.151
Duty to provide necessaries and protect from injury
- actual care / charge of vulnerable adult & who is unable to provide himself /herself with the necessaries is under a legal duty to
a. provide that person with the necessaries
b. take reasonable steps to protect that person from injury
Legal duties
s. 152
Duty of parent/guardian to provided necessaries and protect from injury
- everyone who is a parent / or person in place of a parent who has actual care or charge of child under 18 is under legal duty;
a. provide child with necessaries
b. take reasonable steps to protect child from injury
Legal duties
s.153
Duty of employers
1. everyone who as employer contracted to provide food, clothing or lodging for any servant/apprentice under 16 years under legal duty to provide the same
Vulnerable adult
meaning
Person unable by reason of detention, age, sickness, mental impairment, or any other cause
Duty imposed in sections 151, 152, 153
Reasonable steps to protect a vulnerable adult / child from injury
Abandoning a child
s. 154
Everyone is liable for a term of imprisonment not exceeding 7 years who unlawfully abandons or exposes any child under the age of 6 years
Killing by influence of the mind
s. 163
No one guilty of this EXCEPT by wilfully frightening a child under the age of 16 or a sick person
Acceleration of death
s.164
Anyone who by any act or omission causes the death of another person kills that person although that effect of the bodily injury caused to that person was to merely hasten his death (had some disorder or disease)