Culpable Homicide Flashcards
(11 cards)
Crimes Act 1961, Section 158 Homicide defined
The killing of a human being by another, directly or indirectly, by any means whatsoever.
Crimes Act 1961, Section 159 Killing of a child
159(1) A child becomes a human being:
when it has completely proceeded in a living state of its mother,
whether it has breathed or not,
whether it has independent circulation or not,
whether the navel string is severed or not.
159(2) The killing of such child is homicide if it dies in consequence of injuries received before, during or after birth.
Crimes Act 1961, Section 160 Culpable homicide
160(1) Homicide may be either culpable or not culpable.
160(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.
160(3) Except as provided in section 178 of this Act, culpable homicide is either murder or manslaughter.
160(4) Homicide that is not culpable is not an offence.
In relation to s160(2)(d) of the CA1961, give practical examples of culpable homicide which has been caused by the victim’s actions, prompted by threats on fear of violence or deception.
- when a person jumps or falls out of a window and dies because they think they are going to be assaulted;
- when a person jumps into a river to escape an attack and drowns;
- when a person who has been assaulted and believes their life is in danger, jumps from a train and is killed.
Unlawful Act
Unlawful Act means a breach of any Act, Regulation, Rule, or Bylaw.
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.
CATSGP
CATSGP
Conducting illegal abortion where the mother dies.
Arson.
Throwing concrete off motorway bridge into the path of an approaching car.
Supplying heroin to a person who subsequently dies from an overdose.
Giving a child an excessive amount of alcohol to drink.
Placing hot cinders and straw on a drunk person to frighten them.
Crimes Act 1961, Section 163 Killing by influence on the mind
No one is criminally responsible for the killing of another:
by any influence on the mind alone;
by any disorder or disease arising from such influence;
EXCEPT
by wilfully frightening a child under the age of 16 years or a sick person.
Crimes Act 1961, Section 63 Consent to death
No one has the right to consent to being killed.
This means that, if someone is killed, the fact they gave their consent will not affect the criminal responsibility of anyone else involved with the killing.
Death from lawful games or contests
Normally treated as non-culpable homicide. However, if a contestant causes the death of another by an act that is likely to cause serious injury, they will be guilty of manslaughter.
Proof of death
ddt
To established the death, you must prove:
- death occurred.
- deceased is identified as the person who has been killed.
- the killing is culpable.
Death can be proved by direct and/or circumstantial evidence.
What is meant by the term “justified”? Provide two examples.
Some acts are “justified” when they result in death.
When an act is justified the perpetrator is exempt from both criminal and civil liability.
Examples:
- homicide committed in self-defence (s48)
- homicide committed to prevent suicide or commission of an offence which would be likely to cause immediate and serious injury to the person or property of any-one(s41).
Note that use of force here is limited to that which is reasonably necessary in the circumstances. (proportionate)
Other non-culpable homicides are protected from only criminal responsibility.
