MC & SA Flashcards
(21 cards)
(MC) You are investigating a homicide where there is evidence that a person has formed an intent to commit a crime and then taken a reasonable quantity of drink and drugs to gain ‘dutch courage’. Which of the following is correct?
Correct answer is:
Defendant is disqualified from using defence of intoxication or automatism.
(MC) In relation to ‘attempts’, how should ‘proximity’ be viewed by the court?
Correct Answer:
It is a question of law, that is decided by the judge based on assumption that the facts of the case are proved.
(MC) To establish the death, you must prove:
(1) Death occurred
(2) Deceased is identified as the person who has been killed
What is the third option?
Correct Answer:
(3) The killing is culpable
(MC) Sam is 13 years old who commits an aggravated robbery to impress a gang. For Sam to be held criminally liable, legislation states that the child must know that:
Correct Answer:
It must be shown that the child knew their act was wrong or contrary to law. This test of knowledge is in addition to the mens rea and actus reus requirements.
(MC) Children who commit serious offences need intervention. A referral is made upon prosecution. Who is the referral made to?
Correct Answer:
All child offenders will be referred to the Care and Protection Coordinator until they reach the age of 14 years.
(SA) R v Codere - Define ‘nature and quality’ with reference to the moral aspect of the person.
The nature and quality of the act means the ‘physical reality’ of what the person is doing. It doesn’t matter if the person thinks the act is right or wrong morally. For example: If someone is so delusional they think they’re cutting bread but are actually cutting a person’s throat, they don’t understand the nature and quality of their act.
(SA) Section 167(b), Crimes Act 1961. You need to prove the accused stated of mind meets provisions of S167(b), when proving murder. What must you prove?
You must establish that the defendant:
* Intended to cause bodily injury to the deceased
* Knew the injury was likely to cause death
* Was reckless as to whether death happened or not
(SA) Section 173 - Attempted Murder. In relation to attempted murder, what was held in R v Murphy?
To prove someone attempted a crime, you must show they intended to do that exact crime. For attempted murder, the prosecution must prove the person meant to kill, not just hurt.
(SA) R v Lavelle:
Undercover officers can given someone the opportunity to commit a crime, but they can’t talk them into it or make them want to do it.
(SA) What are the key differences between voluntary manslaughter and involuntary manslaughter?
Voluntary Manslaughter: The person intended to kill or cause serious harm but mitigating circumstances such as a suicide pact reduce the charge to manslaughter.
Involuntary Manslaughter: Death was caused by an unlawful act or gross negligence but no intent.
(SA) Section 154: Abandoning a child -
Everyone is liable to imprisonment for a term not exceeding ______ years who unlawfully abandons or exposes any child under the age of _____ years.
- 7 years imprisonment
- Under the age of 6 years
(SA) When is a ‘pre-emptive strike’ admissible as a defence?
R v Ranger: It is possible for self-defence to be raised as a defence, even if the defendant has used a pre-emptive strike. If she genuinely believed he would kill them, then the jury could entertain a pre-emptive strike would be reasonable force in the circumstances.
(SA) Define ‘Suicide Pact’:
It is an agreement between two or more people to end their lives together. It doesn’t matter how they do it, but for any actions taken to count as part of the pact, the person must have a clear intention to die as part of the agreement at the time of those actions.
(SA) Section 48: Subjective and Objective Test:
Once the accused believed that force was needed (based on their own view of the situation), section 48 then asks whether the force used was reasonable, based on what an ordinary person would think.
(SA) R v Forrest and Forrest:
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
(SA) Outline the elements of Section 72(1), Crimes Act 1961? Attempts:
- Any person
- With 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 committed
- Whether in the circumstances it was possible to commit the offence or not
(SA) Homicide witness passes away. Their statement needs to be admitted using provisions for admissibility of a hearsay statement under Section 18 of the Evidence Act 2006.
Outline factors you need to have recorded.
What circumstances need to be considered, that demonstrate the reliability as specified in Section 16(1) of the Evidence Act 2006.
- You must record any factors that demonstrate reliability
- Circumstances to consider are under section 16(1) EA 2006 include: (CHANT)
o Contents of the statement
o How the statement was taken
o Accuracy of the statement
o Nature of the statement
o Truthfulness of the maker of the statement
(SA) When a child is killed in a manner that equates to a culpable homicide.
Elements of Infanticide, Section 178, CA 1961:
- A woman may be found guilty of infanticide (not murder or manslaughter) if,
- She causes the death of her own child under 10 years
- The death would normally count as culpable homicide, and
- At the time, her mind was disturbed due to not recovering from the effect of childbirth, or the effects of lactation, or a mental condition linked to childbirth or lactation,
- Is guilty of infanticide, not murder or manslaughter
What are the differences between Section 174 (Counselling or attempting to procure murder) and Section 175 (Conspiracy to murder)?
Jurisdiction: Counselling or attempting to procure murder requires that the murder be committed within New Zealand, whereas with conspiracy to murder, the murder can take place in New Zealand or elsewhere.
Outcome: Counselling or attempting to procure murder applies only if the murder is not actually committed, whereas conspiracy to murder applies whether or not the murder is ultimately carried out.
(SA) R v Mane:
To be considered an accessory, the acts done by the person must be after the completion of the offence.
(SA) What are the key differences between voluntary manslaughter and involuntary manslaughter?
Voluntary Manslaughter: The person intended to kill or cause grievous bodily harm but there are mitigating circumstances such as a suicide pact. These circumstances reduce the charge from murder to manslaughter.
Involuntary Manslaughter: The person did not intend to kill or cause grievous bodily harm. But death happened because of criminal negligence or reckless behaviour. It is still an unlawful killing, but without intent.
