Short Answer 31-40

Question 1

31. Outline culpable homicide

Answer 1

Section160(1) & (2), Crimes Act 1961

(1) Homicide may be either culpable or not culpable.
(2) 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.

Question 2

32. Explain what is meant by section 160(2)(b) of the Crimes Act 1961, omission to perform a legal duty.

Answer 2

This covers cases where nothing is done when there is a legal duty to act, and certain cases of positive conduct accompanied by a failure to discharge a legal duty, in particular a duty of care.

Question 3

33. Define “wilfully frightening”

Answer 3

“Wilfully frightening” is regarded as:” intending to frighten, or at least be reckless as to this”. Adams on Criminal Law

Question 4

34. Explain R v Horry

Answer 4

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.

Question 5

35. What was held in R v Harney?

Answer 5

“[Recklessness involves] foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.”

Question 6

36. What are the legal duties of a parent/guardian under section 152 of the Crimes Act 1961?

Answer 6

Everyone who is a parent, or is a person in place of a parent, who has actual care or charge of a child under the age of 18 years is under a legal duty— (a) To provide that child with necessaries; and (b) To take reasonable steps to protect that child from injury.

Question 7

37. What are the ingredients of abandoning a child under 6?

Answer 7

Section 154, Crimes Act 1961

Everyone is liable to imprisonment for a term not exceeding 7 years who unlawfully abandons or exposes any child under the age of 6 years.

Question 8

38. Outline the culpability for children under 10 and children 10-13 years.

Answer 8

• Under 10 - A child aged under 10 years has an absolute defence to any charge brought against them. Nevertheless, even though the child cannot be convicted, you still have to establish whether or not they are guilty.
• 10-13yrs - For children aged between 10 and 13 years inclusive, it must be shown that the child knew their act was wrong or contrary to law. If this knowledge cannot be shown, the child cannot be criminally liable for the offence.

Question 9

39. Define insanity by completing the sentence

Answer 9

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.

Question 10

40. What was held in R v Cottle? (Burden of Proof of insanity)

Answer 10

As to degree of proof, it is sufficient if the plea is established to the satisfaction of the jury on a preponderance of probabilities without necessarily excluding all reasonable doubt.