Homicide Related Offences

Question 1

s.178 Infanticide:

Answer 1

Where a woman causes the death of any child of hers under the age of 10 years in a manner that amounts to culpable homicide and where at the time of the offence the balance of her mind was disturbed, by reason of her not having fully recovered from the effect of giving birth to that or any other child, or by reason of the effect of lactation, or by reason of any disorder consequent upon childbirth or lactation, to such an extent that she should not be held fully responsible, she is guilty of infanticide, and not of murder or manslaughter, and is liable to imprisonment for a term not exceeding 3 years.

It is up for the jury to decide on the mothers state of mind.

Question 2

Suicide pact

Answer 2

s. 180 – Suicide Pact ( common agreement between 2 or more persons, with an objective of death for all of them) (5 yrs imprisonment for any survivor)
1) Everyone who in pursuance of a suicide pact kills any other person is guilty of manslaughter and not of murder and is liable accordingly.

Question 3

Concealment of the body of a child

Answer 3

Concealment of the body of a child: 2yrs imprisonment
s.181 – Disposes of the dead body of any child with intent to conceal the fact of its birth, whether the child died before, or during, or after birth.

Question 4

Attempted murder hard to prove?

Answer 4

Must be able to show intent to kill, which rules out recklessness or negligence

Question 5

Simester and brookbanks test for proximity

Answer 5

• has the offender done anything more than getting himself into a position from which he could embark on an actual attempt
• has the offender actually commenced execution, that is to say, has taken a step in the actual offence itself.

Question 6

Who decides if proximity

Answer 6

Judge decides on proximity, it is a question of law

Question 7

Counselling or attempting to procure murder:

Answer 7

10 hrs imprisonment

Everyone who invites, counsels or attempts to procure any person to nurse any other person in NZ, when that murder is not in fact committed

Question 8

S.175 conspiracy to murder

Answer 8

10 years imprisonment

Conspires or agrees with any person to murder any other person whether the murder is to take place in NZ or elsewhere.

Includes out of NZ if it meets no standards for murder