ABSTRACT
This chapter examines the crime of culpable homicide, looking, in particular, at the way in which it navigates the broad range of behaviours which may be brought within its own ambit of lesser seriousness in killing. It provides an overview of the way in which culpable homicide is defined in Scots law. The chapter considers its operation on the borderline with murder – where the accused has killed in a manner which bears possible hallmarks of the more serious crime but the lesser offence is, in fact, indicated. It also considers culpable homicide in its own right where this is the crime to be charged from the outset. Culpable homicide serves an important function in Scots criminal law. The law recognises two forms of this 'involuntary' type: lawful act and unlawful act. Finally, the chapter draws on these discussions to evaluate the efficacy of the offence as it operates in Scots criminal law currently.
