Flashcards in Module 13: Homicide Law & Defences Deck (90)
What is the penalty for attempted murder?
Everyone who attempts to commit murder is liable for a term of imprisonment not exceeding 14 years.
Define R v Tarei?
Withdrawal of any form of life support system is not “treatment” under s166 Crimes Act 1961. To withdraw life support does not cause death but removes the possibility of extending the person’s life through artificial means.
Outline section 181 of the Crimes Act 1961 (Concealing a dead body of a child)?
Every one is liable to imprisonment for a term not exceeding 2 years who disposes of the dead body of any child in any manner with intent to conceal the fact of its birth, whether the child died before, or during, or after birth.
In which Court does a youth facing a charge of murder or manslaughter appear?
Young persons over 14 years of age are usually dealt with under the youth justice provisions of the CYPF Act although charges of murder and manslaughter will be heard in the High Court following the committal process in the Youth Court.
A Question of Law relating to whether the condition is a disease of the mind is answered by whom?
What the accused’s state of mind was at the time of the offence is a question decided by whom?
What was held in R v Kamipeli?
It does not have to be shown that the defendant was incapable of forming the mens rea, merely that, because of their drunken state, they did not have the proper state of mind to be guilty
What is the burden of proof for insanity?
The accused is not required to prove the defence of insanity beyond reasonable doubt, but to the satisfaction of the jury on the balance of probabilities.
Section 153 of the Crimes Act 1961, what is the relevant age of the person who is employed?
Under the age of 16 years.
Where a charge of infanticide is laid, who decides on the Mothers state of mind?
Pursuant to section 22(3)(a) of the Criminal Disclosure Act 2008, the notice under subsection (1) must include?
(3) Without limiting subsection (1),—
the notice under subsection (1) must include the name and address of the witness or, if the name and address is not known to the defendant when the notice is given, any matter known by the defendant that might be of material assistance in finding that witness;
Before a conviction can be obtained for manslaughter, where one of the sections referred to is section 150A (1) of the Crimes Act 1961, what must the prosecution prove?
A very high degree of negligence or gross negligence
Proximity is a question of law decided by whom?
Written notice of an alibi is to be given by the defendant:
Within 10 working days after the defendant is given notice under section 20 of the Criminal Disclosure Act 2008.
Define R v Cox?
Consent must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to form a rational judgement.
As a general guideline, most offences within the Crimes Act 1961, will require an intent (Mens rea) of some kind. Outline a defence that would therefore be generally available?
The defence of intoxication will be available to the defence to establish that the defendant did not have the required intent to carry out the offence.
Provide an overview of the culpability of persons involved in suicide pacts?
Any survivor of a suicide pact is guilty of being a party to a death (if death of another person within the pact ensues)
Outline section 25 of the Crimes Act 1961, ignorance of the law?
The fact that an offender is ignorant of the law is not an excuse for any offence committed by him.
Proximity relating to attempts?
Proximity is a question of law; it is a question that is decided by the judge based on the assumption that the facts of the case are proved.
Before a conviction can be obtained for manslaughter where one of the sections referred to in section 150A(1) the prosecution must prove a “very high degree” of negligence or “gross negligence”. The expressions “very high degree of negligence” and “gross negligence” are not defined by statute.
Children aged 10-13 years of age charged with murder or manslaughter?
10-13 Year olds charged with murder or manslaughter (a category 4 offence) are usually dealt with under the youth justice provisions of the CYPF Act. However, charges of murder and manslaughter will be heard in the high court following the first appearance in the court in which the charging document was filed.
Section 162 Crimes Act 1961:
162 Death must be within a year and a day (Applies to culpable homicide, murder, manslaughter and infanticide)
1) No one is criminally responsible for the killing of another unless the death takes place within a year and a day after the cause of death
2) The period of a year and a day shall be reckoned inclusive of the day on which the last unlawful act contributing to the cause of death took place
3) Where the cause of death is an omission to fulfill a legal duty, the period shall be reckoned inclusive of the day on which such omission ceased
4) Where death is in part caused by an unlawful act and in part by an omission, the period shall be reckoned inclusive of the day on which the last unlawful act took place or the omission ceased, whichever happened last
Outline “M’Naghten’s rules”?
The M’Naghten’s rules (or test) is frequently used to establish whether or not a defendant is insane. It is based on the person’s ability to think rationally, so that if a person is insane they were acting under such a defect of reason from a disease of the mind that they did not know:
The nature and quality of their actions, or
That what they were doing was wrong.
List four statutory legal duties in respect of the Crimes Act 1961?
The expression “legal duty” refers to those duties imposed by statute or common law including uncodified common law duties:
Duties imposed by statute are mainly common law duties that have been embodied in statute. The Crimes Act 1961 defines duties to:
Provide the necessaries and protect from injury (s151)
Provide necessaries and protect from injury to your charges when you are a parent or guardian (s152)
Provide necessaries as an employer (s153)
Use reasonable knowledge and skill when performing dangerous acts, such as surgery (s155)
Take precautions when in charge of dangerous things, such as machinery (s156)
Avoid omissions that will endanger life (s157).
List the difference between counselling or attempting to procure murder (s174) and conspiracy to Murder (s175)?
Counselling or attempting to procure murder requires that the offence is to be committed in New Zealand, whereas with conspiracy to murder, the murder can take place in New Zealand or elsewhere.
Counselling or attempting to procure murder only applies if the murder is not in fact committed, whereas conspiracy to murder applies regardless of whether murder is committed or not.
Section 159(1) & (2) of the Crimes Act 1961 defines when a child becomes a human being and is therefore able to be murdered under section 158. Detail the provisions of section 159(1) & (2)?
159(1) 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.
159(2) the killing of such child is homicide if it dies in consequence of injuries received before, during, or after birth.
Define Homicide, Section 158 of the Crimes Act 1961?
Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever.
What was held in R v Mane?
For a person to be an accessory the offence must be complete at the time of the criminal involvement. One cannot be convicted of being an accessory after the fact of murder when the actus reus of the alleged criminal conduct was wholly completed before the offence of homicide was completed.
State the ingredients of infanticide (s178 of the Crimes Act 1961)?
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.