Chapter 4 -Fatal Offences . Homicide is not an offence in itself but is generic term used to describe the killing of a human being. · If a person unlawfully kills another, this could be either murder or manslaughter depending on the circumstances - CCQ, s 300. . These offences share the elements of unlawfulness and killing. . Once it is established that a person has killed and that it was unlawful, they can be liable for either murder, if certain extra elements are proven. UNLAWFUL . Any killing that is not authorised, justified or excused by law is unlawful - CCQ, s 291. . This means that if it is proved that a person has killed they can be liable for murder (provided they satisfy the requirements in CCQ, s 302) or manslaughter (CCQ, s 303) if they have no authorisation, justification, or excuse for the killing. o Examples of when killing would not be unlawful are where the accused has an excuse or a defence. . Where the death of a person is caused by . An involuntary act - CCQ, s 23; or · By accident - CCQ, s 23); or · Was done in an emergency situation - CCQ, s 25; or . Where the accused was insane at the time of the killing - CCQ, s 27. KILLING . "Killing" is defined in CCQ, s 293 as causing the death of a person directly or indirectly by any means whatever. This require proof that: o The victim is a person capable of being killed; and o The person is dead; and o The accused caused the death of that person. PERSON . According to CCQ, s 292, a child becomes a person capable of being the subject of a murder or manslaughter charge once they are born (full proceed from the mother's body) alive. . A person can be liable for murder or manslaughter where the baby is born alive even if the baby has not breathed, does not have an independent circulation or the umbilical cord has not been severed. . If the baby is not born alive, a person cannot be convicted of murder or manslaughter. o However, in cases where the death is caused while the baby is in the body of the mother, a person can be charged with killing an unborn child - CCQ, s 313. · This offence applies where a person does or omits to do something when a woman is about to give birth to a child which prevents the child from being born alive. . A person can be guilty of this offence even if the unborn "child" was not at an age where it would have been capable of existence independently of its mother. o While a person cannot be convicted of murder or manslaughter where they do something or omit to do something which leads to the death of the baby before it is born, a person can be convicted of murder or manslaughter