offences

Question 1

Define homicide?

Answer 1

S158
Homicide is the killing of a human being by anotther directly or indirectly by any means whatsoever.

Question 2

CULPABLE HOMICIDE

Answer 2

S160
1. Homicide may be culpable or not culpable

2. Homicide is culpable when it consists in the killing of any person

a) By an unlawful act

b) By an omission without lawful excuse to perform or observe any legal duty

c) Or by both combined

d) By causing that person by threats or fear of violence or by deception to do an act which causes his death.

e) By wilfully frightening a child under the age of 16 or a sick person.

Except for s178 culpable homicide is murder or manslaughter

Homicide that is not culpable is not an offence.

Question 3

MURDER

Answer 3

S167 Murder Defined
Culpable homicide is murder in each of the following cases:

Offender means to cause the death of the person killed

Means to cause the person killed any bodily injury that is known by the offender to be likely to cause death and is reckless whether death ensues or not

Offender means to cause death or being so reckless means to cause bodily injury to one person and by accident or mistake kills another person though he does not mean o hurt the person killed

If the offender for any unlawful object does an act that he knows to be likely to cause death and thereby kills any person though he may have desired that his object be effected without hurting anyone.

Question 4

Infanticide

Answer 4

-where a women causes the death of any child of hers under the age of 10 in a manner that amounts to culpable homicide and where at the time of the offence the balance of her mind was disturbed by reasons of her not having fully recovered from the effect of gibing birth or by the effect of lactation or any disorder consequent upon childbirth, to such an extent she should not be held fully responsible, she is guilty of infanticide not murder.manslaughter.

Question 5

AIDING and abetting suicide

Answer 5

S179 AIDING and abetting suicide
14 yrs
incites , counsels or procures any person to commit suicide, if that person commits or attempts to commit suicide in consequence thereof
Aids or abets any person in the commission of suicide

Question 6

suicide pact

Answer 6

S180 suicide pact
Everyone who in purusance of a suicide pact kills any other person is guilty of manslaughter and not murder.
Where 2 or more enter a pact, and in pursuance one or more kills himself, any survivor is guilty of being a party to a death under an pact contrary to this section and is liable to 5 yrs, but not liable under s179 (incites, counsels)

For the purposes of this section the term suicide pact means a common agreement between 2 or more persons having for its object the death of all of them, whether or not each is to take his or her own life; but nothing done by a person who enters into a suicide pact shall be treated as done by him or her in pursuance of the pact unless it is done while he or she has the settled intention of dying in pursuance of the pact.

Question 7

concealing the body of a child.

Answer 7

S181 - concealing the body of a child.
2yrs
Disposes of the dead body of any child in any matter with intent to conceal the fact of its birth whether the child died, before, during or after birth