Module 1 Deconstructing Homicide Flashcards
Definition of homicide
Homicide refers to the killing of a human being - whether lawful or unlawful
Unlawful homicide is differentiated by…
Issues of culpability and intention
Definition of Murder
A person is liable for murder when causing a person’s death by act or omission, either with intent to kill or inflict GBH
Conviction requires proof of intention to kill
Two categories of manslaughter
Voluntary manslaughter
Involuntary manslaughter
Voluntary manslaughter
Where the accused intended to cause death or serious injury but under circumstances that mitigates their culpability
Provoked
Abnormality of mind
Suicide pact
Involuntary manslaughter
Where there is no intention to kill or cause serious injury but where the law considers the person blameworthy
- constructive manslaughter (unlawful act)
- reckless/gross negligence
Constructive manslaughter
Defendant commits an unlawful or dangerous act likely to cause physical harm - death is the accidental result of an unlawful act
Reckless/gross negligence manslaughter
A person causes death through extreme carelessness or incompetence (e.g. doctors, ship’s captain, electricians)
Infanticide - involuntary manslaughter
Defence - occurs when a mother kills her child under 12mths as a result of mental disturbance due to childbirth
Death by driving - involuntary manslaughter
Death due to dangerous or careless driving
Statistics collected separately- not included in murder, manslaughter and infanticide statistics
Killings that don’t count
Due to complexities in establishing culpability and guilt and social meanings not all killers are treated equally- some are rarely prosecuted others prone to fail
Example: corporate killings, death by driving (not considered real homicides)
Dark figure of homicide
Issues include hidden bodies, missing persons (possible some are homicide victims), cause of death can be difficult to determine (e.g. SIDS vs child homicide
Open verdicts can indicate hidden homicides
