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 is not treatment. To withdraw life support does not cause death but removes the possibility of extending a persons life by 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 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 mens rea, merely that, because of their drunken state that 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.
Where a charge of infantcide is laid, who decides on the mothers state of mind
pursuant to the criminal disclosure act, what must section 22(3)a include
name and address of the witness.
before a conviction can be obtained for manslaughter, where 150A(1) is referred to, what must prosecution prove?
a very high degree of negligence or gross negligence.
proximity is a question decided by who?
When must written notice of alibi be given by the defendant?
within 10 working days after the defendant is given notice under the section 20 of the criminal disclosure act.
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.
Most offences require mens rea. Outline a defence that would therefore generally be 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.
culpability of suicide pack
any survivor of a suicide pact is guilty of being a party to a death.
section 25, ignorance of law
that fact that the offender is ignorant of the law is not an excuse for any offence committed by him.
Killing in sudden fight
- if the homicide can be justified having arising from self defence s48
- if the fact that there was a fight negates the defendants men rea and the proper verdict is manslaughter.
Child offenders under 14
as a general rule all child offenders will be referred to the care and protection coordinator until the reach the age of 14
Automatism - drunk driving
even with driving with excess breath alcohol it is possible to raise this as a defence as was unable to prove mens rea
NZ courts are likely to disallow the defence where the state of mind is obviously self induced