Homicide Related Offences

Question 1

Legislation - Infanticide s178(1)

Answer 1

Where a woman causes the death of any child of hers under 10 in a manner that amounts to culpable homicide, and at the time of the offence the balance of her mind was disturbed,

by reason of not having fully recovered from the effect of giving birth , or the effect of lactation, or any disorder consequent upon childbirth or lactation

to such an extent that she shouldn’t be held fully responsible,

she is guilty of infanticide and liable to imprisonment for a term not exceeding 3 years.

Question 2

Culpable homicide may result from an omission to perform a legal duty, list 4 statutory legal duties in respect of the Crimes Act 1961?

Answer 2

• Duty to provide necessaries and protect from injury - Vulnerable adult (s151)
• Duty of parent or guardian to provide necessaries and protect from injury - Child under 18 (s152)
• Duty of employers to provide necessaries (s153)
• Duty to avoid omissions dangerous to life (s157)

Question 3

Definition - Vulnerable Adult

Answer 3

A person unable, by reason of detention, age, sickness, mental impairment, or any other cause, to withdraw themselves from the care or charge of any person.

Question 4

What do s155 and s156 deal with?

Answer 4

Duties of people who are doing dangerous acts or who are in charge of dangerous things.

Question 5

“Anything whatever” - What things fall under the category of dangerous things s156?

Answer 5

• Ships
• Trains
• Explosives
• Animals
• Machinery
• Motor vehicles
• Weapons.

Question 6

Case law - R v Blaue

Preventable death - related to s165

Answer 6

Those who use violence must take their victims as they find them.

EG: The victim (A Jehovah’s witness) was stabbed but refused a blood transfusion on religious beliefs, despite a warning she would die, persisted in refusal and died. The cause of death was bleeding into a cavity from the stabbing. An appeal against a conviction of manslaughter on the grounds her refusal to have a blood transfusion broke the chain of causation between the stabbing and her death was dismissed

Question 7

Legislation - Aiding and abetting suicide s179

Answer 7

Everyone is liable to imprisonment for a term not exceeding 14 years who -

(a) Incites, counsels, or procures any person to commit suicide, if that person commits or attempts to commit suicide in consequence thereof.
(b) Aids or abets any person in the commission of suicide.

Question 8

Legislation - Suicide pact s180(1)

Answer 8

Everyone who in pursuance of a suicide pact kills any other person is guilty of manslaughter and not murder, and is liable accordingly.

EG: Person A & B enter a suicide pact, and Person A shoots Person B, killing Person B, before shooting themselves, but Person A lives, then Person A is guilty of manslaughter not murder.

Question 9

What is the definition of a suicide pact s180(3)?

Answer 9

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.