3.7 Definition of murder and culpable homicide
Murder is committed when the accused has acted with the intention of killing the victim or where the accused's conduct has been 'wickedly reckless'.
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'. This may also be considered where in law the accused is found to be of "diminished responsibility" because of some mental illness, or where there was provocation.
Wicked recklessness will be inferred from the circumstances of the accused's actions. Normally this will be based on the severity of the injuries and other factors about the nature of the assault.
In some cases, an accused may be charged initially with murder but Crown Counsel may decide that the evidence does not support a murder charge. The accused will then be tried on a charge of culpable homicide or, possibly another charge such as assault. Changes like this can also happen during the trial.
BBM - from the evidence I've heard ... no, I don't believe Glass intended, planned or even wanted Steven Donaldson 'Dead' BUT, I do think that it was 'wickedly reckless' to ask 2 men with the history of Davidson & Dickie to 'speak to' Donaldson ... she heard one of them say that Steven was going to get 'a hiding', she set up the meeting, she drove Callum to pick up a baseball bat for goodness sake! Nobody takes a fluffing baseball bat for 'a quiet word' ... I feel that what she did was the epitome of 'wickedly reckless'
Information for bereaved families and friends following murder or culpable homicide
