ABSTRACT

Homicide is the unlawful killing of a human being. There are different offences depending on the mens rea of the defendant and whether there is a special defence available to the defendant.

Murder Manslaughter Statutory

HOMICIDE

1. This is the killing of a human being (reasonable creature in being). A homicide offence cannot be charged in respect of the killing of a

foetus. However, if the foetus is injured and the child is born alive but dies afterwards as a result of the injuries this can be the actus reus for murder or manslaughter (Attorney-General’s reference (No 3 of 1994) (1997)).