Progress Test 1

Question 1

Can an organisation (as opposed to a human being) be convicted of murder or manslaughter?
Explain your answer.

Must Know

Answer 1

1. No. Because the killing must be done by a human being, an organisation cannot be convicted as the principal offender. Moreover, although an organisation can be convicted as a party to manslaughter, with murder an organisation cannot be convicted as either the principal offender or a party to the offence because it is not possible for an organisation to serve the offence’s mandatory life sentence.

Question 2

2. Section 160 of the Crimes Act 1961 defines what constitutes culpable homicide. What are the
   five ways set out in subsection (2) of this section?

Answer 2

2. Under s160(2) of the Crimes Act 1961, culpable homicide consists of killing a person by:
   − an unlawful act
   − an omission without lawful excuse to perform or observe any legal duty
   − an unlawful act and an omission to perform a legal duty
   − using threats, fear of violence or deception to make the victim do an act that leads to their
   death
   − wilfully frightening a child under 16 years of age or a sick person.

Question 3

3. What is the legal view of consent to death?

Answer 3

3. The law does not recognise the right of a person to consent to their being killed (s63 of the
   Crimes Act 1961). As a consequence, their consent does not affect the criminal responsibility of anyone else involved in the killing.

Question 4

Is a body required to prove the death of a person? Explain your answer with reference to
case law R v Horry.

Answer 4

4. No a body is not required to prove death of a person has occurred. Death should be provable by such circumstances as render it morally certain and leave no ground for reasonable doubt
   – that the circumstantial evidence should be so cogent and compelling as to convince a jury that upon no rational hypothesis other than murder can the facts be accounted for. R v Horry

Question 5

5. Would you be charged with any offence if you fatally injured another player during a rugby
   match? If so, what might the charges be?

Answer 5

5. Normally you would not be charged with the killing of another player if they died from
   injuries you caused while playing football. However, you would be guilty of manslaughter if
   your actions were considered likely to cause serious injury, as you should have been aware of
   this at the time and refrained from the action.