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12 Cards in this Set
- Front
- Back
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Types of culpable homicide |
Assault, unlawful act, lawful act, voluntary act. |
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Bird v HMA (1952) |
Gypsy woman suspected of stealing. Was followed by a man who intended to seize her and take her to the authorities. She had a heart condition and died when the man grabbed her. He was convicted of culpable homicide. Any assault followed by death is culpable homicide. |
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McDermott v HMA (1973) |
Discovered an affair and attacked immediately. Provocation works as a partial defense. Restatement of Bird v HMA. Assault type. |
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HMA v Hartley (1989) |
Robbery with a weapon. Forseeability not a part of definition of a murder. Assault type. |
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Gardiner v HMA (2007) |
Man "accidentally" pushed wife down the stairs. She died and he was convicted of culpable homicide as mens rea could not be proven for murder. Assault type. |
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Assault type. |
Any assault followed by death. |
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Unlawful act. |
Acts not involving assault |
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Mathieson v HMA (1981) |
15 year old set fire to rubbish, it spread to nearby shopping mall and killed 4. Initially reckless fire raising but deaths moved it to culpable homicide. |
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Sutherland v HMA (1994) |
Tried to fraud insurance company by setting house on fire. Due to 4 gallons of petrol it exploded trapping his partner in the rubble & suffocated him. Convicted of unlawful act culpable homicide. |
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Lawful act type culpable homicide |
Simple recklessness. People committing an lawful act recklessly. Mainly road traffic offences. |
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Voluntary act culpable homicide |
Satisfies the definition of a murder but successfully appeals to provocation or diminished responsibility. |
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Brady v HM Advocate (1986) |
Attempted murder by aggravated assault. Reasoned that there can be no attempted culpable homicide. |
