Suicide Flashcards
Define the term “Suicide Pact” s180(3) Crimes Act 1961
For the purposes of this section the term suicide pact means a common agreement between 2 or more persons having for its object the death of all of them, whether or not each is to take his own life; but nothing done by a person who enters into a suicide pact shall be treated as done by him in pursuance of the pact unless it is done while he has the settled intention of dying in pursuance of the pact.
What are the elements of suicide pact under s180 CA61
• Everyone who in pursuance of a suicide pact kills any other person is guilty of manslaughter and not murder.
Where two or more persons enter into a suicide pact, and in pursuance of it, one or more of them kills himself, any survivor is guilty of being a party to a death under a suicide pact (is not liable to s179 aiding and abetting suicide)
• For the purposes of this section, the term suicide pact means a common agreement between 2 or more persons having for it object the death of all of them, whether or not each is to take his own life, but nothing done by a person who enters into a suicide pact shall be treated as done by him in pursuance of the pact unless it is done while he has the settled intention of dying in pursuance of the pact.
What are the elements of aiding and abetting suicide under s179 CA61
• Everyone who
• Incites, counsels, or procures any person to commit suicide, if that person commits or attempts to commit suicide thereof, or
• Aids or abets any person in the commission of suicide
Provide an overview of the culpability of persons involved in suicide pacts
Any survivor of a suicide pact is guilty of being a party to a death (if death of another person within the pact ensues)
Give an example when murder might be reduced to manslaughter even though the accused intended to kill or cause grievous bodily harm
• 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 grievous bodily harm.
Outline section 181 of the Crimes Act 1961 (Concealing a dead body of a child)
• Everyone is liable to imprisonment for a term not exceeding 2 years who disposes of the dead body of any child in any manner with intent to conceal the fact of its birth, whether the child died before, or during, or after birth
Gary and Charles make a suicide pact and prepare to end their lives using a pistol. Charles wants to go first but can’t bring himself to pull the trigger so asks Gary to shoot him which Gary does putting a single bullet in Charles’s head. Gary then shots himself in the chest but misses his heart and he survives. Is Gary guilty of any offence and if so, what offence?
Gary is guilty of manslaughter
Gary and Charles make a suicide pact and prepare to end their lives by overdosing on IV morphine. Both self-administer morphine into their own veins together. Gary dies from the overdose, but Charles survives. Is Charles guilty of any offence, and if so, what offence?
is guilty of being a party to a death under a suicide pact and is liable to imprisonment for a term not exceeding 5 years.
John and Eddie decide to kill themselves together by self-administering a cocktail of drugs. Eddie dies as a result, but John survives. Explain what criminality John is liable for if any.
John is guilty of being a party to a death under a suicide pact and is liable to imprisonment for a term not exceeding 5 years.
Polnareff and Mohammed are talented wizards. One day, while pondering their orbs, they both decide to kill themselves. Polnareff and Mohammed both self-administer a special magical potion of ‘instant death’. As a result, Polnareff instantly dies. However, Mohammed’s potion was brewed incorrectly, and as a result he survived. What is Mohammed liable for?
a) Mohammed is liable to be charged under s179 and 180(1) for aids and abetting suicide and is guilty of manslaughter for Polnareff’s killing
b) Mohammed is liable to be charged under s180(1) as death ensued as a result of a suicide pact, and as such, is guilty of manslaughter
c) Mohammed is liable under section 180(2) as he survived the suicide pact and did not administer the potion to Polnareff. He is guilty of being a party to a death under a suicide pact.
(c)
What is the definition of a parent in relation to section 152
(a) A parent or guardian who has legal custody of the child
(b) A parent or a person in place of a parent who has actual care or charge of the child
(c) A parent or guardian who has actual care or charge of the child
(b)
