Culpable Homicide

Question 1

Critical factors for murder

Answer 1

Offender intended to
- Kill the person
OR
- Caused bodily injury the offender you likely would cause death

Question 2

Homicide defined

Answer 2

Section 158

Killing of one human being by another

Question 3

Murray Wright LTD 1970

Answer 3

Killing must be done by human being. An organisation cannot be convicted as a principal offender.

Question 4

Three types of culpable homicide

Answer 4

Section 160
- Murder
- Manslaughter
- Infanticide

Question 5

Distinction between murder and manslaughter

Answer 5

Whether the offender intended to kill or harm the deceased in a way that might result in death

Question 6

Unlawful act

Answer 6

Breach of any act, rule, regulation or bylaw

Must prove all elements of the offence

Question 7

R v Myatt

Answer 7

Before a breach of act, regulation, by law under section 160, must be an act likely to do harm to deceased

Question 8

Culpable homicide definition and factors

Answer 8

Section 160

Culpable equals blameworthy

1. Unlawful act.
2. Omission without lawful excuse.
3. Threats/fear of violence to do the act that causes their death.
4. Will fully frightening a child under 16 or a sick person.
5. Lawful act/omission to perform legal duty.

Question 10

Omission to perform legal duty

Answer 10

Common law duties section 160(2)(b)

• Provide necessities and protect from injury s151
• Provide necessities and protect from injuries when a parent or guardian s152
• Provide necessities as an employer s153
• Use skill and knowledge when performing dangerous acts s155
• Take precautions when in charge of dangerous things s156
• Avoid omissions that will endanger life s157

Question 11

R v Tomas

Answer 11

Threats of violence

1. Was deceased threatened, and fear or deceived by defendant.
2. If so, did such cause the deceased to do the act which caused their death.
3. Was it a natural consequence of the defendants actions?
4. Did the foreseeable actions of the defendant contribute significantly to their death?

Question 12

Wilfully frightening s160(2)(e)

Answer 12

Intending to frighten or reckless as to this

Apply mens rea

Offender intended to frighten or at least reckless to the risk.

Defendant aware of real risk the victim was under 16 or sick

Question 13

Killing by influence on the mind

Answer 13

Section 163

Mentally torture another person who already was mentally or physically sick

Causes them to breakdown and commit suicide

Question 14

Section 63

Answer 14

No one has the right to consent to being killed

Question 15

Proof of death

Answer 15

Must prove

• Death occurred
• Deceased identified as person who has been killed
• Killing is culpable

Death can be proved by direct or circumstantial evidence

Question 16

R v Horry

Answer 16

No body

Death provable by circumstances that are morally certain and leave no grounds for reasonable doubt.

Circumstance or evidence so compelling to convince the jury that no rational hypothesis other than murder can the facts be accounted for?

Question 17

Justification (non-culpable homicide)

Answer 17

Homicide committed in:

• self-defence S 48
• Prevent suicide or offences likely to cause serious or immediate injury to person or property S 41