Short Answers - 2

Question 1

(1) Homicide may either be culpable or not culpable
(2) Homicide is culpable when it consists in the killing of any person -
(a) By unlawful act
(b) By an omission without lawful excuse to perform or observe any legal duty
(c) By an unlawful act and and an omission to perform a legal duty
(d) By using threats, fear of violence or deception to make the victim do an act that leads to their death
(e) Wilfully frightening a child under 16 years of age or a sick person in common law, allegations of culpable homicide have been supported where the offenders have caused death by particular circumstances.

Name any four of these circumstances:

Answer 1

• Committing arson
• Giving a child an excessive amount of alcohol to drink
• Supplying heroin to the deceased
• Conducting an illegal abortion

Question 2

In relation to S160(2) CA 1961, give two practical examples culpable homicide which has been caused by the victims actions, prompted by threats on fear of violence:

Answer 2

(1) Jumps or falls out of a window because they think they are going to be assaulted

(2) Jumps into a river to escape an attack and drowns

(3) Who has been assaulted and believes their life is in danger, jumps from a train and is killed

Question 3

To establish proof of death, in relation to homicide, you must prove three key elements. They are:

Answer 3

(1) Death occurred

(2) Deceased is identified as the person who has been killed

(3) The killing is culpable

Death can be proved by direct and/or circumstantial evidence

Question 4

What is the definition of the period “a year and a day” as outlined in S162(2) CA 1961:

Answer 4

The period of a year and a day shall be inclusive of the day on which the last unlawful act contributing to the cause of death took place.

Question 5

S168(1)(a) CA 1961 refers to the term ‘Grevious Bodily Harm’. What does this mean and give an example:

Answer 5

(1)(a) GBH means harm that is very serious, such as an injury to a vital organ.
To come within section (1)(c), the stopping of the victims breath must be done “wilfully”.

Question 6

In the test for proximity, Simester and Brookbanks (Principles of Criminal Law 224) suggest the following questions should be asked in determining the point at which an act of mere preparation of committing a crime may become an attempt. What are those two questions:

Answer 6

(1) Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt? Or

(2) Has the offender actually commenced execution; that is to say, has he taken a step in the actual crime itself?

Question 7

Give an example when murder might be reduced to manslaughter even though the accused intended to kill or cause GBH?

Answer 7

Mitigating circumstances such as a suicide pact, reduce what would otherwise be murder to manslaughter, even though the accused may have intended to kill or cause GBH.

Question 8

What is involuntary manslaughter?

Answer 8

Covers those type of unlawful killing in which the death is caused by an unlawful act or gross negligence. In such cases there has been no intention to kill or to cause GBH.

Question 9

Define ‘Alibi’:

Answer 9

An alibi is the plea in a criminal charge of having been elsewhere at the material time: the fact of being elsewhere.

Question 10

What must the defendant include in a notice of alibi?

Answer 10

The defendant must provide the name and address of the witness, or if unknown, any information that could help locate the witness.

Question 11

Define ‘attempts under S72(1) CA 1961:

Answer 11

Anyone who intends to commit a crime and takes steps toward carrying it out is guilty of attempting to commit that crime, even if it turns out to be impossible to complete the offence.

Question 12

Outline culpable homicide section160(1) & (2) of the Crimes Act 1961:

Answer 12

(1) Homicide may either be culpable or not culpable
(2) Homicide is culpable when it consists in the killing of any person -
(a) An unlawful act
(b) An omission without lawful excuse to perform or observe any legal duty
(c) An unlawful act and and an omission to perform a legal duty
(d)Using threats, fear of violence or deception to make the victim do an act that leads to their death, or
(e) Wilfully frightening a child under 16 years of age or a sick person

Question 13

Explain what is meant by S160(2)(b) CA 1961, omission to perform a legal duty.

Answer 13

This applies to situations where a person fails to act when legally required to, or where their actions are insufficient due to not fulfilling a legal duty, especially a duty of care

Question 14

Define “wilfully frightening”:

Answer 14

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

Question 15

Explain ‘R v Horry’:

Answer 15

To prove death as murder, the evidence must be strong enough to remove any reasonable doubt. It should be so convincing that the jury can only explain the facts as murder, and no other reasonable explanation makes sense

Question 16

What was held in ‘R v Harney’:

Answer 16

Recklessness means being aware that your actions could lead to danger, but choosing to keep doing them anyway, despite the risk.

Question 17

What are the legal duties of a parent/guardian under S152, CA 1961:

Answer 17

Every one 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 18

What are the ingredients of S154, CA 1961 - abandoning a child under 6:

Answer 18

Every one 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 19

Outline the culpability for children under 10 and children 10-13 years:

Answer 19

Under 10 years old: A child under 10 cannot be charged with a crime. However, it still needs to be determined whether they are guilty.
10-13 years old: For children aged 10 to 13, it must be proven that they knew their actions were wrong or illegal. If this cannot be shown, they cannot be held criminally responsible.

Question 20

Define insanity by completing the sentence:

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—

Answer 20

(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.