Accidental Homicide
![handle is hein.journals/jcriml2 and id is 595 raw text is: Accidental Homicide
By 0. C. M. DAVIS, M.D., D.Sc.
Department of Medical Jurisprudence, University of Bristol
][N a recent number of the Jfournal of Criminal Law the
subject of Constructive Homicide was discussed (siipra,
pp. 451-474).
Somewhat closely related to this subject is that of
Accidental Homicide, and it is here proposed to consider
the law relating to this. As a preliminary proceeding it is
necessary to inquire into the meaning of the words
accident and accidental .
Both words are derived from the Latin word accidere-
to happen-and some of the meanings of the word
accident given in the Oxford Dictionary are anything
that happens , an occurrence, incidence, event ; but
another and quite generally accepted meaning is also given,
namely anything that happens without foresight or
expectation.
A more exacting definition of accidental is given in
a modem text-book I on criminal law :-
An effect is said to be accidental when the act by which it
is caused is not done with the intention of causing it, and when its
occurrence as a consequence of such act is not so probable that a
person of ordinary prudence ought, under the circumstances in
which it is done, to take reasonable precautions against it.
It is. obvious that such an unexpected happening may
occur during the activities of any individual. Such activities
are referred to by Mercier as conduct. This authority writes,
1 Stephen's Digest of Criminal Law, 7th ed., 1g6.
581](ViewImageLocal?handle=hein.journals/jcriml2&div=59&collection=&method=preview&ext=.png&size=3)
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Accidental Homicide
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