Homicide can be defined as the killing of a human being by another human being in circumstances that are without justification, excuse or authority of law. See section 306 Criminal Code.
Section 315 particularly provides:
‘any person who unlawfully kills another is guilty of an offence which is called murder or manslaughter according to the circumstances of the case.’
However, the question is “for the purpose of homicide law, who is a person or who is a human being?” According to section 307 of the Criminal Code, a child becomes a person when it has completely proceeded in a living state from the body of its mother, whether or not it has independent circulation or breath. By necessary implication, anyone who has not been given birth to is not a human being capable of being killed. Conversely, it amounts to murder to kill a one-minute old child.
In terms of homicide, when can it be said that someone caused the death of another person? The question was a major source of conflict at the early stage of the development of the law of homicide leading to the principle that a person is not deemed to have caused the death of another person unless the death occurs within a year and a day of the act allegedly causing the death. See Section 314 of the criminal code. It must however be noted that this law was put in place at a time when it was difficult medically to pinpoint the exact cause of death. In the face of advances in medical science that makes the precise cause and time of death what can be known fairly accurately, the retention of the rule has been said to be unjustifiable.
Section 308 of the Criminal Code in a somewhat broad term provides that
“death may be caused directly or indirectly or by any means whatsoever”
While section 310 of the criminal code followed up that
“A person who, by threats or intimidation or by deceit, causes another person to do an act or make an omission which results in the death of that other person, is deemed to have killed him.”
In R v Roberts, the accused person attempted to rape a girl he gave a lift to in his car. In a bid to escape being raped, she jumped down from the car dying from the injuries. He was convicted for her murder.
In DPP v Daley, the defendants were throwing stones at the victim. In trying to escape, she tripped and fell and died as a result. The court held the defendant was guilty of her death. See Section 210 and 213 of the Criminal Code. See the case of R v Nwoke. It is unlawful to kill any person unless such killing is authorized or justified or excused by law.
