Section 167 & 168

Question 1

Section 167, Give two circumstances where culpable homicide is murder?

Answer 1

Culpable homicide is murder in each of the following cases.

(a) If the offender means to cause the death of the person killed:

(b) If the offender means to cause to the person killed any bodily injury that is known to the offender to be likely to cause death, and is reckless whether death ensues or not:

(c) If the offender means to cause death, or, being so reckless as aforesaid, means to cause such bodily injury as aforesaid to one person, and by accident or mistake kills another person, though he does not mean to hurt the person killed:

(d) 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 should be affected without hurting anyone.

Question 2

To show that the defendant’s state of mind meets the provisions of 167(b), what must you establish

Answer 2

That the defendant meant to cause the person killed bodily injury that is known to the defendant to be likely to cause death and is reckless whether death ensues or not.

Question 3

168: Further definitions of murder

Answer 3

Culpable homicide is also murder in each of the following cases, whether the offender means or does not mean death to ensue, or knows or does not know that death is likely to ensue:

(a) If he means to cause grievous bodily injury for the purpose of facilitating the commission of any of the offences mentioned in subsection (2) of this section, or facilitating the flight or avoiding the detection of the offender upon the commission or attempted commission thereof, or for the purpose of resisting lawful apprehension in respect of any offence whatsoever, and death ensues from such injury:

(b) If he administers any stupefying or overpowering thing for any of the purposes aforesaid, and death ensues from the effects thereof:

(c) If he by any means wilfully stops the breath of any person for any of the purposes aforesaid, and death ensues from such stopping of breath.

Question 4

If you are charging someone with murder under s167 CA61, you must show that the defendant:
Hint - 3 points

Answer 4

• Intended to cause death,
or
• Knew that death was likely to ensue, or
• Was reckless that death would ensue

Question 5

What was held in case law CAMERON in relation to recklessness?

Answer 5

• Recklessness is established if the defendant recognised that there was a real possibility that his or her actions would bring about the proscribed result and/or that the proscribed circumstances existed and having regard to that risk those actions were unreasonable.

Question 6

What was held in case law Piri?

Answer 6

Recklessness here involves a conscious, deliberate risk taking.

The degree of risk of death foreseen by the accused under either s167(b) or (d) must be more than negligible or remote.

The accused must recognize a real or substantial risk that death would be caused

Question 7

What was held in case law Desmond? Hint object be unlawful

Answer 7

Not only must the object be unlawful, but also the accused must know that his act is likely to cause death. It must be shown that his knowledge accompanied the act causing death

Question 8

Section 168(1)(a) of the Crimes Act 1961 refers to the term “grievous bodily injury” what does this mean and give an example of such an injury:

Answer 8

Grievous bodily injury means harm that is very serious, such as injury to a vital organ.

E.g. Crushing a person’s lungs with a war-hammer