Infanticide & other negligent related deaths

Question 1

Infanticide
Section 178(1), Crimes Act 1961

Answer 1

• Where a woman causes the death of any child of hers under the age of 10yrs, 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 child OR by reason of the effect of lactation OR by reason of any disorder consequence upon childbirth or lactation, to such an extent that she should not be held fully responsible.

3yrs imprisonment

Question 2

Jury to decide on a mother’s state of mind

Answer 2

If jury believes her state of mind is due to effects of childbirth, the jury is required to return a special verdict of acquittal on account of insanity.

If prosecution file charging documents for both murder and infanticide, it is up to the jury to decide on the mother’s state of mind

Question 3

Duties to provide necessaries to sustain life/protect from injury

Answer 3

151 - Duty to provide necessaries and protect from injury (having care/charge of a vulnerable adult)

152 - Duty of parent/guardian to provide necessaries and protect from injury (having care/charge of a child under 18)

153 - Duty of employers to provide necessaries (servant/apprentice under 16, necessary food/clothing/lodging)

Question 4

Vulnerable adult

Answer 4

A person unable to withdraw himself or herself from the care or charge of another person, by reason of detention, age, sickness, mental impairment, or any other cause

Question 5

Necessaries

Answer 5

Commodities and services necessary to sustain life (food, clothing, housing, warmth, medical care)

Question 6

Duty to protect from injury

Answer 6

Take reasonable steps to protect a vulnerable adult or child from injury

Question 7

Abandoning a child
Section 154, Crimes Act 1961

Answer 7

7yrs imprisonment

Unlawfully abandons or exposes any child under 6yrs

Question 8

Doing dangerous acts (s155) and in control of dangerous things (s156)

Answer 8

155 - Duty of persons doing dangerous acts
- Surgical/medical treatment or any other lawful act the doing of which is or may be dangerous to life
- Under a duty to have and use reasonable knowledge, skill and care in doing such act

156 - Duty of persons in control of dangerous things
- Has in his charge/under his control, or who erects, makes, operates or maintains anything
- Which in the absence of precaution/care may endanger human life
- Legal duty to take reasonable precautions against and to use reasonable care to avoid such danger

Question 9

Omissions that endanger life
Section 157, Crimes Act 1961

Answer 9

Everyone who, does any act (which) the omission to do is or may be dangerous to life, is under a legal duty to that act

Criminally responsible for the consequence of omitting without lawful excuse to discharge that duty

Question 10

Killing by influence on the mind
Section 163, Crimes Act 1961

Answer 10

No one is criminally responsible EXCEPT

• By wilfully frightening a child under the age of 16yrs or a sick person

Question 11

Acceleration of death
Section 165, Crimes Act 1961

Answer 11

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

e.g. assisting with death of a person suffering from terminal cancer

Question 12

Section 165 and 166, Crimes Act 1961
(Causing death)

Answer 12

165 - Any act/omission causes the death of another person, although that cause of death might have been prevented by resorting to proper means

166 - Causes another person bodily injury (of a dangerous nature) from which death results, although the immediate cause of death be treatment (proper or improper) applied in good faith

Question 13

“Causal connection”

Relates to sections 165 & 166
Crimes Act 1961

Answer 13

An intervening act that breaks the chain of causation.

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

Question 14

Section 179(1), Crimes Act 1961
(Suicide)

Answer 14

(a) Incites/counsels/procures person to commit suicide (if that person commits/attempts to commit, thereof)
(b) Aids or abets any person in the commission of suicide

Aiding/Abetting
There is requirement for a person to do something to assist the suicide of another. The person aiding or abetting has no intention of committing suicide themself

Question 15

Section 180, Crimes Act 1961
(Suicide Pacts)

Answer 15

(1) In pursuance of a suicide pact kills any other person - guilty of manslaughter (where only one person dies as a result of actions by another)

(2) Where two or more persons enter into a suicide pact, and in pursuance of it one or more person kills himself, any survivor is guilty of being a party to a death under a suicide pact (5yrs imprisonment)

Suicide pact means a common agreement between two or more persons having for its object the death of all of them

Question 16

Section 181, Crimes Act 1961
(Concealing a dead body of a child)

Answer 16

Disposes of the dead body of a child, in any manner, with intent to conceal the fact of its birth, whether the child died before, during or after birth - 2yrs imprisonment

Reference to a child of comparatively recent birth. Body must be dead when disposed of (although not necessary that the body is found and identified)