Legislation (1. Culpable Homicide))

Question 1

Legislation

Answer 1

158 Homicide

159 Killing a Child

160 Culpable Homicide

163 Killing by Influence on the Mind

Question 2

158 Homicide

Answer 2

Homicide is the killing of a human being by another,

directly or indirectly,

by any means.

Question 3

159 Killing of a Child

Answer 3

1. A child becomes a human being when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, whether it has independent circulation or not, whether the navel string is severed or not.
2. Killing of a child is homicide if injuries received before | during | after birth

Question 4

160 Culpable Homicide

Answer 4

1. Homicide may be culpable or not
2. Homicide is culpable when person killed by:

(a) Unlawful act
(b) Omission, without lawful excuse, to perform | observe legal duty
(c) (a) + (b)
(d) Causing that person - by threats | fear of violence | deception - to do act causing their death
(e) Wilfully frightening child < 16 | sick person

3. [Other than S178] culpable homicide is murder | manslaughter
4. Non-culpable homicide is not an offence

Question 5

163 Killing by Influence on the Mind

Answer 5

No one is criminally responsible for killing another by any:

• influence on the mind alone
• disorder | disease arising from such influence

except by wilfully frightening a child < 16 | sick person

E.g. hospital patient, already mentally | physically sick, received a “joke” letter telling him he’s got terminal cancer; sender is liable if patient committed suicide because of the letter.