Homicide

Question 1

Define Homicide according to Section 158 of the Crimes Act 1961.

Answer 1

Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever.

Question 2

Can an organization be charged with murder or manslaughter?

Answer 2

An organization can be convicted as a party to the offence of manslaughter. An organization cannot be convicted as either a principal offender or a party to murder because the offence carries a mandatory life sentence.

Question 3

What case law is relevant to organizations being charged with homicide?

Answer 3

Murry Wright LTD indicates that the killing must be done by a human being, thus an organization cannot be convicted as a principal offender.

Question 4

What does Section 159(1) of the Crimes Act 1961 state about when a child becomes a human being?

Answer 4

A child becomes a human being within the meaning of this Act when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, whether it has an independent circulation or not, and whether the navel string is severed or not.

Question 5

What does Section 159(2) of the Crimes Act 1961 state about the killing of a child?

Answer 5

The killing of such child is homicide if it dies in consequence of injuries received before, during, or after birth.

Question 6

Outline culpable homicide according to Section 160(1) & (2) of the Crimes Act 1961.

Answer 6

(1) Homicide may be either culpable or not culpable.
(2) Homicide is culpable when it consists of the killing of any person by an unlawful act;
by an omission without lawful excuse to perform or observe any legal duty;
by both combined;
by causing that person by threats or fear of violence, or by deception, to do an act which causes his death; or
by wilfully frightening a child under the age of 16 years or a sick person.

Question 7

What are the three specific causations of homicide in Section 160(2)(0)?

Answer 7

Threats, fear of violence or deception.

Question 8

What does Rv Myatt state about an unlawful act in respect of section 160(2)(a) of the Crimes Act 1961?

Answer 8

[Before a breach of any Act, regulation or bylaw would be an unlawful act under s 160 for the purposes of culpable homicide] it must be an act likely to do harm to the deceased or to some class of persons of whom he was one.

Question 9

What is an unlawful act in relation to section 160(a) of the Crimes Act 1961?

Answer 9

An unlawful act means a breach of any act, regulation, rule, or bylaw.

Question 10

Name four circumstances where allegations of culpable homicide have been supported in common law.

Answer 10

1. Committing arson
2. Giving a child an excessive amount of alcohol to drink
3. Placing hot cinders and straw on a drunk person to frighten them
4. Supplying heroin to the deceased
5. Throwing a large piece of concrete from a motorway over bridge into the path of an approaching car
6. Conducting an illegal abortion.

Question 11

What does section 160(2)(b) of the Crimes Act 1961 refer to?

Answer 11

This covers cases where nothing is done when there is a legal duty to act, and certain cases of positive conduct accompanied by a failure to discharge a legal duty, in particular a duty of care.

Question 12

Define Legal Duty.

Answer 12

The expression legal duty refers to those duties imposed by statute or common law including uncodified common law duties.

Question 13

List four statutory legal duties in respect of the Crimes Act 1961.

Answer 13

1. Provide the necessaries and protect from injury (s151)
2. Provide necessaries and protect from injury to your charges when you are a parent or guardian (s152)
3. Provide necessaries as an employer (s153)
4. Use reasonable knowledge and skill when performing dangerous acts, such as surgery (s155)
5. Take precautions when in charge of dangerous things, such as machinery (s156)
6. Avoid omissions that will endanger life (s157).

Question 14

What was held in Rv Tomars?

Answer 14

The issues were formulated as follows: Was the deceased threatened by, in fear of, or deceived by the accused? Did such threats, fear, or deception cause the deceased to act in a way that led to their death? Was the act a natural consequence of the accused’s actions? Did the victim’s foreseeable actions contribute significantly to their death?

Question 15

Give two practical examples of culpable homicide caused by the victim’s actions, prompted by threats or fear of violence.

Answer 15

1. A person who jumps or falls out of a window because they think they are going to be assaulted. 2. A person who jumps into a river to escape an attack and drowns. 3. A person who has been assaulted and believes their life is in danger, jumps from a train and is killed.

Question 16

Outline section 163 of the Crimes Act 1961.

Answer 16

No one is criminally responsible for the killing of another by any influence on the mind alone, except by wilfully frightening a child under the age of 16 years or a sick person.

Question 17

What are the exceptions to the rule of criminal responsibility for killing by influence of the mind?

Answer 17

1. Wilfully frightening a child under 16 years of age. 2. Wilfully frightening a sick person (mentally or physically).

Question 18

Define wilfully frightening.

Answer 18

Wilfully frightening is regarded as intending to frighten, or at least being reckless as to this.

Question 19

Can you consent to death?

Answer 19

No one has the right to consent to being killed. Consent does not affect the criminal responsibility of anyone involved in the killing.

Question 20

If you fatally injured someone during a game of football, would you be charged with any offence?

Answer 20

Normally, you would not be charged with the killing of another player if they died from injuries you caused while playing football. However, you could be guilty of manslaughter if your actions were considered likely to cause serious injury.

Question 21

What are the three key elements to establish proof of death in relation to homicide?

Answer 21

Death must be established, the deceased is identified, and the killing is culpable.

Question 22

How can death be proven?

Answer 22

Death can be proved by direct and/or circumstantial evidence.

Question 23

Explain R v Horry.

Answer 23

Death should be provable by circumstances that render it morally certain and leave no ground for reasonable doubt. The circumstantial evidence must be so cogent and compelling that it convinces a jury that upon no rational hypothesis other than murder can the facts be accounted for.

Question 24

What is meant by the term ‘justified’?

Answer 24

Some acts are justified even when they result in death, exempting the perpetrator from both criminal and civil liability.

Examples include homicide committed in self-defense and homicide committed to prevent suicide or serious injury.

Question 25

What is the difference between murder and manslaughter?

Answer 25

The critical distinction is whether the offender intended to kill the deceased or to harm them in a way they knew might result in death.

Question 26

What are two circumstances where culpable homicide is considered murder?

Answer 26

Culpable homicide is murder if: (a) the offender means to cause the death of the person killed; (b) the offender means to cause bodily injury known to be likely to cause death.

Question 27

What must be shown to establish that the defendant's state of mind meets the provisions of 167(b)?

Answer 27

That the defendant meant to cause bodily injury known to be likely to cause death and was reckless whether death ensued or not.

Question 28

What further definitions of murder are provided in section 168?

Answer 28

Culpable homicide is also murder if: (a) the offender means to cause grievous bodily injury to facilitate an offence, and death ensues; (b) the offender administers a stupefying substance, and death ensues; (c) the offender wilfully stops the breath of a person, and death ensues.

Question 29

What must be shown when charging someone with murder under s167 CA61?

Answer 29

The defendant must have intended to cause death, knew that death was likely to ensue, or was reckless that death would ensue.

Question 30

What was held in R v CAMERON regarding recklessness?

Answer 30

Recklessness is established if the defendant recognized a real possibility that their actions would bring about the proscribed result and those actions were unreasonable.

Question 31

What was held in Rv Piri?

Answer 31

Recklessness involves a conscious, deliberate risk taking. The degree of risk of death foreseen by the accused must be more than negligible. The accused must recognize a real or substantial risk that death would be caused.

Question 32

What was held in Rv Desmond?

Answer 32

The object must be unlawful, and the accused must know that his act is likely to cause death. It must be shown that his knowledge accompanied the act causing death.

Question 33

What does 'grievous bodily injury' refer to under section 168(1)(a) of the Crimes Act 1961?

Answer 33

Grievous bodily injury means harm that is very serious, such as injury to a vital organ. ## Footnote Example: Crushing a person's lungs with a war-hammer.

Question 34

Define 'Attempts' under section 72(1) of the Crimes Act 1961.

Answer 34

Everyone who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether it was possible to commit the offence or not.

Question 35

Why is attempted murder difficult to prove beyond reasonable doubt?

Answer 35

It must be shown that the accused's intention was to commit the substantive offence. For attempted murder, it is necessary for the Crown to establish an actual intent to kill.

Question 36

What questions should be asked in the test for proximity regarding attempts?

Answer 36

1. Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt? 2. Has the offender actually commenced execution; that is to say, has he taken a step in the actual crime itself?

Question 37

What is the legal definition of proximity relating to attempts?

Answer 37

Proximity is a question of law decided by the judge based on the assumption that the facts of the case are proved.

Question 38

What is the penalty for attempted murder under s173?

Answer 38

Everyone who attempts to commit murder is liable for a term of imprisonment not exceeding 14 years.

Question 39

What was held in Rv Piri?

Answer 39

Recklessness involves a conscious, deliberate risk taking. The degree of risk of death foreseen by the accused must be more than negligible. The accused must recognize a real or substantial risk that death would be caused.

Question 40

What was held in Rv Desmond?

Answer 40

The object must be unlawful, and the accused must know that his act is likely to cause death. It must be shown that his knowledge accompanied the act causing death.

Question 41

What does 'grievous bodily injury' refer to under section 168(1)(a) of the Crimes Act 1961?

Answer 41

Grievous bodily injury means harm that is very serious, such as injury to a vital organ. ## Footnote Example: Crushing a person's lungs with a war-hammer.

Question 42

Define 'Attempts' under section 72(1) of the Crimes Act 1961.

Answer 42

Everyone who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether it was possible to commit the offence or not.

Question 43

Why is attempted murder difficult to prove beyond reasonable doubt?

Answer 43

It must be shown that the accused's intention was to commit the substantive offence. For attempted murder, it is necessary for the Crown to establish an actual intent to kill.

Question 44

What questions should be asked in the test for proximity regarding attempts?

Answer 44

1. Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt? 2. Has the offender actually commenced execution; that is to say, has he taken a step in the actual crime itself?

Question 45

What is the legal definition of proximity relating to attempts?

Answer 45

Proximity is a question of law decided by the judge based on the assumption that the facts of the case are proved.

Question 46

What is the penalty for attempted murder under s173?

Answer 46

Everyone who attempts to commit murder is liable for a term of imprisonment not exceeding 14 years.

Question 47

What is the difference between counselling or attempting to procure murder (s174) and conspiracy to murder (s175)?

Answer 47

Counselling or attempting to procure murder requires that the offence is to be committed in New Zealand, whereas conspiracy to murder can take place in New Zealand or elsewhere.

Question 48

When does counselling or attempting to procure murder apply?

Answer 48

It only applies if the murder is not yet committed.

Question 49

When does conspiracy to murder apply?

Answer 49

It applies regardless of whether the murder is committed or not.

Question 50

What are the ingredients to accessory after the fact to murder?

Answer 50

A person must have been party to murder, receive, comfort, assist that person, or tamper with or actively suppress evidence against that person to enable escape after arrest or avoid conviction.

Question 51

What is the penalty for accessory after the fact to murder?

Answer 51

7 Years

Question 52

What was held in R v Mane?

Answer 52

For a person to be an accessory, the offence must be complete at the time of the criminal involvement.

Question 53

What is voluntary manslaughter?

Answer 53

Mitigating circumstances, such as a suicide pact, reduce what would otherwise be murder to manslaughter, even if the defendant intended to kill or cause grievous bodily harm.

Question 54

What is involuntary manslaughter?

Answer 54

It covers unlawful killings where death is caused by an unlawful act or gross negligence, with no intention to kill or cause grievous bodily harm.

Question 55

What is the four-point test for proving an unlawful act for manslaughter?

Answer 55

1. The defendant must intentionally do an act 2. The act must be unlawful 3. The act must be dangerous 4. The act must cause death

Question 56

What does Section 150A require for a conviction of manslaughter?

Answer 56

The prosecution must prove a 'very high degree' of negligence or 'gross negligence'.

Question 57

What is infanticide Section 178 Crimes Act 1961

Answer 57

When a woman causes the death of any child of hers under the age of 10 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 not having fully recovered from the effect of giving birth to that or of any child or by reason of the effect of lactation or by reason of any disorder consequent upon childbirth or lactation, to such and 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.

Question 58

When a charge of infanticide is laid, who decides on the mothers state of mind?

Answer 58

The jury

Question 59

What are the legal duties of a parent/guardian under section 152 of the Crimes Act 1961?

Answer 59

Everyone who is a parent, or is a person in place of a parent, who has actual care or charge of a child under the age of 18 years is under a legal duty: To provide that child with necessaries To take reasonable steps to protect that child from injury

Question 60

Section 153 of the Crimes Act 1961, what is the relevant age of the person who is employed?

Answer 60

Under the age of 16

Question 61

What are the ingredients of section 154 of the Crimes Act 1961, abandoning a child under 6?

Answer 61

Everyone is liable to imprisonment for a term not exceeding 7 years who unlawfully abandons or exposes any child under the age of 6 years

Question 62

Define R V Blaue?

Answer 62

Those who use violence must take their victims as they find them.

Question 63

Define R V Tarei

Answer 63

The withdrawal of any form of life support system is not "treatment" under 166 of the crimes Act 1961. To withdraw life support does not cause death but removes the possibility of extending the persons life through artificial means

Question 64

Define the term Suicide pact section 180 (3) Crimes Act 1961?

Answer 64

A common agreement between two or more persons having for its object the death of all of them, whether or not each is to take his own life, but nothing done by a person who enters into a suicide pact shall be treated as done by him in pursuance of the pact unless it is done while he has the settled intention of dying pursuance of the pact

Question 65

What are the elements of suicide pact under section 180 Crimes Act 1961?

Answer 65

Everyone who in pursuance of a suicide pact kills any other person is guilty of manslaughter Where two or more persons enter into a suicide pact, and in pursuance of it, one or more if them kills himself, any survivor is guilty of being a party to a death under suicide pact (not liable to s179 aiding and abetting suicide) (R V Tarei)

Question 66

What are the elements of aiding and abetting suicide under Section 179 Crime Act 1961?

Answer 66

Everyone who Incites, counsels, or procures any persons to commit suicide if that person commits or attempts to commit suicide thereof OR Aids or Abets any person in the commission of suicide

Question 67

Provide an overview of the culpability of persons involved in suicides pacts?

Answer 67

Any survivor of a suicide pact is guilty of being a party to a death.

Question 68

Give an example when murder might be reduced to manslaughter even though the accused intended to kill or cause GBH?

Answer 68

Mitigating circumstances, such as a suicide pact,reduce what would otherwise be murder to manslaughter, even though the accused may have intended to kill or cause GBH

Question 69

Define concealing a dead body of a child, section 181 Crimes Act?

Answer 69

Everyone is liable to imprisonment for a term not exceeding 2 years who disposes the dead body of a child in any manner with intent to concealing the fact of it's birth, whether the child died before during or after the birth