Culpable homicide is a categorisation of certain offences in various jurisdictions within the Commonwealth of Nations which involves the illegal killing of a person either with or without an intention to kill depending upon how a particular jurisdiction has defined the offence. Unusually for those legal systems which have originated or been influenced during rule by the United Kingdom, the name of the offence associates with Scots law rather than English law.

Jurisdictions

"Culpable homicide" offences are found in the following jurisdictions; the description of the local version of the offence is given where available:

Canada

See also: Culpable homicide (Canadian law) § Offences

In Canada, "culpable homicide" is not itself an offence. Rather, the term is used in the Criminal Code to classify all killings of persons as either culpable or not culpable homicide.[1] There are three types of culpable homicide: murder, manslaughter and infanticide. Killings classified as not culpable are justifiable killings; thus the term is used to define the criminal intent or mens rea of a killing. Non-culpable homicide includes those committed in self-defence.[2]

India

The offences include causing death whether by intention or not.

Pakistan

The Pakistan Penal Code (PPC) in earlier form included the offence of "culpable homicide" for acts of homicide resulting from the infliction of intentional harm upon a person:

§299 Culpable homicide §301 Culpable homicide by causing death of person other than person whose death was intended

Amendments in recent years have replaced the specific phrase "culpable homicide" within those sections and introduced terms from Sharia law but it remains in §38 (Persons concerned in criminal act may be guilty of different offences).

The current equivalent sections are:

300. Qatl-e-Amd:

Whoever, with the intention of causing death or with the intention of causing bodily injury to a person, by doing an act which in the ordinary course of nature is likely to cause death, or with the knowledge that his act is so imminently dangerous that it must in all probability cause death, causes the death of such person, is said to commit qatl-e-amd.

301. Causing death of person other than the person whose death was intended:

Where a person, by doing anything which he intends or knows to be likely to

cause death, causes death of any person whose death he neither intends nor knows himself to be likely to cause, such an act committed by the offender shall be liable for qatl-i-amd.

Following sections of the PPC deal further with the offence in increased detail.

Scotland

Culpable Homicide is committed where the accused has caused loss of life through wrongful conduct but where there was no intention to kill or "wicked recklessness".[5] It is an offence under Common Law and is roughly equivalent to the offence of manslaughter in English and Welsh law.

While the offence charged remains the same there can be a great variation between individual cases including whether or not the act was voluntary or involuntary:

The Culpable Homicide (Scotland) Bill [6] was introduced to the Scottish Parliament on 1 Jun 2020, the Bill fell on 21 Jan 2021.[7] The Bill's intention was to create statutory Culpable Homicide offences relating to recklessness and gross negligence in addition to the Common Law offence.

Singapore

"Culpable homicide" is: Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.[8]

Examples

South Africa

"Culpable homicide" has been defined (in South African law) simply as "the unlawful negligent killing of a human being", the rough equivalent of involuntary manslaughter in Anglo-American law.[9]

See also

References

Footnotes

  1. ^ Criminal Code, RSC 1985, c C-46, s 222.
  2. ^ Criminal Code, RSC 1985, c C-46, s 34.
  3. ^ Section 299 - Indian Penal Code, 1860
  4. ^ Section 304 - Indian Penal Code, 1860
  5. ^ Scottish Government - "Information for Bereaved Families and Friends Following Murder or Culpable Homicide" (ISBN 0-7559-4304-X)
  6. ^ Scottish Parliament (6 February 2020). "Proposed Culpable Homicide (Scotland) Bill". Retrieved 5 May 2020. ... to amend the law of culpable homicide to ensure that where loss of life is caused by the recklessness or gross negligence of individuals, companies or organisations...
  7. ^ "Culpable Homicide Scotland Bill".
  8. ^ "Penal Code". Singapore Statutes Online. Attorney-General's Chambers of Singapore. Retrieved 3 January 2017.
  9. ^ S v. Naidoo and Others, Supreme Court of Appeal of South Africa, Case 321/2001

Notations