Short Flashcards
Explain the concept of culpable homicide?
Culpable homicide means the killing is blameworthy
Homicide may be either culpable or not culpable.
Homicide is culpable when it consists in the killing of any person—
(a) By an unlawful act; or
(b) By an omission without lawful excuse to perform or observe any legal duty; or
(c) By both combined; or
(d) By causing that person by threats or fear of violence, or by deception, to do an act which causes his death; or
(e) By wilfully frightening a child under the age of 16 years or a sick person.
Homicide that is not culpable is not an offence.
What is the distinction between murder, manslaughter and infanticide?
The critical factors to consider for a charge of murder are whether the offender intended to:
• kill the person, or
• cause bodily injury that the offender knew was likely to cause death.
If neither of these intentions can be proven, the most likely charge is manslaughter.
Infanticide - Where a woman causes the death of any child of hers under the age of 10 years in a manner that amounts to culpable homicide, and where at the time of the offence the balance of her mind was disturbed, by reason of her not having fully recovered from the effect of giving birth to that or any other child,
What are the requirements of taking a statement from a dangerously ill person?
The Court must be satisfied that both the content and the person who made it, are reliable.
You must therefore record any factors that demonstrate this reliability. Circumstances to consider under s16(1) of the Evidence Act 2006 include:
• the nature of the statement
• the contents of the statement
• the circumstances relating to the making of the statement
• circumstances relating to the veracity of the person making the statement
• circumstances relating to the accuracy of the observation of the person
Whats the definition of legal insanity?
Every one shall be presumed to be sane at the time of doing or omitting any act until the contrary is proved.
No person shall be convicted of an offence by reason of an act done or omitted by him when labouring under natural imbecility or disease of the mind to such an extent as to render him incapable—
(a) Of understanding the nature and quality of the act or omission; or
(b) Of knowing that the act or omission was morally wrong, having regard to the commonly accepted standards of right and wrong.
Explain the types of automatism?
Sane automatism - the result of somnambulism (sleepwalking), a blow to the head or the effects of drugs
Insane automatism - the result of a mental disease.
What are the defences of entrapment?
Entrapment occurs when an agent of an enforcement body deliberately causes a person to commit an offence, so that person can be prosecuted.. a defence would be if the entrapment is unfair, it may result in the court excluding the evidence
Explain when self-defence applies?
Every one is justified in using, in the defence of himself or another, such force as, in the circumstances as he believes them to be, it is reasonable to use.
What are the defences of ignorance and mistake?
Except in the cases where proof of mens rea is unnecessary, bona fide mistake or ignorance as to matters of fact is available as a defence”
