Legislation (3. Homicide Related) Flashcards
Legislation
151-153 Duties re Vulnrable Adults, Children Apprentices
154 Abandoning Child < 6
155-157 Duties of re Dangerous Acts, Things, Avoiding Omissions
164 Acceleration of Death
165 - 166 Causing Death: Preventable; Causing Injury Leading to Death
178 Infanticide
179 -180 Aiding & Abetting Suicide; Suicide Pact
181: Concealing Dead Body of Child
178 Infanticide
Where a woman causes the death of any of her children < 10
In a manner amounting to culpable homicide
Where the woman’s mind was disturbed by not having fully recovered from the effect of giving-birth | lactation (or by any disorder consequent to child-birth | lactation)
To such an extent that she isn’t fully responsible
Penalty: 3 years
151 (1) Duty to Provide Necessaries & Protect from Injury
Everyone who has actual-care | charge of a vulnerable adult
is under a legal duty to:
- Provide the necessaries
- Take reasonable steps to protect the person from injury
152(1) Duty of Parent / Guardian to Provide Necessaries & Protect from Injury
Every parent who
has actual-care | charge of a child < 18
is under a legal duty to:
- Provide the necessaries
- Take reasonable steps to protect the person from injury
153(1) Duty of Employers to Provide Necessaries
Everyone who as an employer has contracted to provide necessary clothing | food | lodging
for servant | apprentice < 16
is under a legal duty to provide the same
and is criminally responsible if he omits, without lawful excuse, causing that servant’s | apprentice’s death | endangerment | permanent-injury
154 Abandoning Child < 6
Everyone who
Unlawfully abandons | exposes child < 6
Penalty: 7 years
155 Duty of Person Doing Dangerous Acts
Everyone who undertakes
- (except out of necessity) to administer surgical | medical treatment
- to do any other lawful act that may be dangerous to life
is under a legal duty to have & use reasonable care | knowledge | skill
and is criminally responsible for consequences from any omission without lawful excuse
156 Duty of Persons in Charge of Dangerous Things
Everyone who
- has in his charge | control anything animate | inanimate
- erects | maintains | makes | operates anything
which in the absence of precautions | care may endanger human life
is under a legal duty to take reasonable precautions
and is criminally responsible for consequences from any omission without lawful excuse
157 Duty to Avoid Omission Dangerous to Life
Everyone who undertakes to do any act, the omission of which may be dangerous to life
is under a legal duty to do that act
and criminally responsible for consequences from any omission without lawful excuse
164 Acceleration of Death
Everyone who by any act | omission hastens the death of another person
while that person was labouring under some disorder | disease arising from some other cause
165 Causing Death that might have been Prevented
Everyone who by any act | omission
causes death of another person
where death might have been prevented by resorting to proper means
166 Causing Injury the Treatment of which Causes Death
Everyone who causes any bodily injury to another person
that leads to death
where the immediate cause of death was proper | improper treatment, that was given in good faith
179 Aiding and Abetting Suicide
Everyone who:
- incites | counsels | procures any person to commit suicide - where that person consequently [attempts to] commit suicide
- aids | abets any person to commit suicide (assisted suicide)
Penalty: 14 years
180 Suicide Pact
- Where A and B enter a suicide pact
A kills B, and A survives
A is liable for manslaughter - Where A and B enter a suicide pact
A kills self, and B tries to kill self but survives
B is liable as a party to A’s death
Penalty: 5 years
- Suicide pact ::=
Common agreement between 2+ persons
object being the death of all persons in the agreement
181 Concealing Dead Body of Child
Everyone who disposes of the dead body of any child,
with intent to conceal its birth - whether the child died before | during | after birth
