Culpable Homicide

Question 1

Murder or Manslaughter

Answer 1

• did the offender intend to kill the person or cause bodily injury that the offender knew was likely to cause death

neither of these intents can be proved then most likely charge is manslaughter

Question 2

Homicide definition

Answer 2

the killing of a human being by another, directly or indirectly, by any means whatsoever

Question 3

Organisation - party to offence

Answer 3

Manslaughter - yes

Murder- no because offence carries life sentence

Question 4

Murray Wright Case Law

Murder - principal offender

Answer 4

because killing must be done by a human being an organisation cannot be principal offender

Question 5

Killing of a child

• when human being

Answer 5

• completely proceeded in living state from the body of its mother
• whether breathed or not
• whether independent circulation
• whether navel string severed

killing if child - homicide if it dies in consequence of injuies before, during, after birth

Question 6

Culpable Homicide is when

Answer 6

• consists in killing of any person
• by an unlawful act
• by an omission without lawful excuse to preform or observe any legal duty
• by both combined
• by causinh that person by threatsor fear of violence or by deception to fo an act which cause his death
• by wilfully frightening child under 16 or sick person

this is murder or manslaughter( except as provided in S178 CA1961

Question 7

Unlawful Act def

Answer 7

breach of any act, regulation, rule or bylaw

Question 8

R v Myatt - Unlawful Act case law

Answer 8

The unlawful act must be an act likely to do harm to the deceased or to some class of persons of whom he was one

Question 9

duties

Answer 9

• provide the nessaries and protect from injury
  -provide the nessaries and protect from injury to your charges when you are a parent/guardian
  -provide the nessaries as an employer
• use reasonable knowledge and skill when preforming dangerous acts (surgery)
• take precautions when in charge of dangerous things
• avoid omissions that will endanger life

Question 10

frightening

Answer 10

wilfully frightening - intending to frighten or at least being reckless to this

Question 11

R v Tomars

threats, fear, deception

Answer 11

• deceased threatened, fear or decieved
• did the above cause the deceased to do an act that cause their death
• was the act a natural consequence of the actions of the degendant

(reasonable person forsee outcome)

• did the forseeable actions of the victim contribute im a significant way to his death

Question 12

Killing by influence on the mind

Question 13

Killing by influence of the Mind

Answer 13

No one is criminally responsible for the killing on any other by influence on the mind alone, except by wilfully frightening a child under 16 or a sick person

Question 14

Consent to death

Answer 14

No one has the right to consent to death

if they consent this will not affect the criminal responsibility of anyone else involved

Question 15

Proof of death require

Answer 15

• death occurred
  -deceased identified as person who has been killed
  -the killing is culpabla

Death can be proved direct/or circumstantial evidence

Question 16

Body not locates

Answer 16

R v Horry

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 the jury that upon no rational hypothesis other than murder can the facts be accounted for

Question 17

Justified homicide
non - culpable

Answer 17

• exempt fron both criminal and civil liability

justified
- self-defence
- prevent suicide or comission of an offence which would be likely to cause immediate or serious injury to person or property