Murder and manslaughter offences

Question 1

why is attempted murder one of teh most difficult offences in the crimes act to prove beyond reasonable doubt.
r v murphy

Answer 1

When proving an attempt to commit an offence it must be shown that the accussed’s intention was to commit the substantive offence. For example, in a case of attempted murder it is necessary for the Crown to establish an actual intent to kill

Question 2

Who decides on proximity of an offence

Answer 2

This is decided by the judge, based on the assumption that the facts of the case are proved.

Question 3

Accessory after the fact to murder

Answer 3

s176

Everyone is liable to imprisonment for a term not exceeding 7 years who is an accessory after the fact to murder.

Question 4

List the difference between counselling or attempting to procure murder (s174) and conspiracy to murder (s175)

Answer 4

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.

Question 5

In relation to Section 160(2)(d) of the Crimes Act 1961,give two practical examples of culpable homicide which has been caused by the victims actions, prompted by threats on fear of violence

Answer 5

1. Jumps or falls out of a window because they think they are going to be assaulted
2. Jumps into a river to escape an attack and drowns

Question 6

What is the definition of the period “a year and a day” as outlined in section 162(2) of the Crimes Act 1961?

Answer 6

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.

Question 7

Define “Attempts” under section 72(1) of the Crimes Act 1961

Answer 7

Every one 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 in the circumstances it was possible to commit the offence or not.

Question 8

Provide 3 guidelines in respect of consent regarding assault.

Answer 8

1. everyone has the rights to consent to a surgical operation.
2. everyone has the right to consent to the infliction of force not involving bodily harm.
3. No one has the right to consent to their death or injury likely to cause harm.

Question 9

give an example of when murder might be reduced to manslaughter even though the accused intended to kill or cause grievous bodily harm

Answer 9

Mitigating circumstances such as a suicide pact, may reduce a charge of murder to manslaughter even tho the intention was to kill or cause GBH

Question 10

What is involuntary manslaughter

Answer 10

covers those deaths where there has been an unlawful killing in which the death is cause by an unlawful act or gross negligence. in such cases there has been no intention to kill or cause GBH.

Question 11

define automatism

Answer 11

automatism can best be described as a state of total black out, during which a person is not concious of their actions or in control of them.

Question 12

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

Answer 12

knowing any person to have been party to murder, receives comforts assists that person or tampers with or actively suppresses evidence against that person in order to enable him to escape after arrest or avoid conviction.

Question 13

Discuss the case forrest v forrest and outline the case law

Answer 13

• 2 men charged with sexual intercourse with 14 year old girl.
• at trial the girl produced her birth cert and gave evidence herself that she was the person named in teh birth cert.
• the men successfully appealed their conviction on the grounds that the crown had not adequatly proved the girls age.

the best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.

Question 14

outline section 48

Answer 14

everyone is justified in using force in defence of himself or another, in circumstances he believes them to be reasonable to use.

Question 15

Section 168 refers to Grievous bodily injury. what does that mean and give an example

Answer 15

means harm that is very serious such as an injury to a vital organ. severing a spleen with a weapon.

Question 16

define alibi

Answer 16

a alibi is a plea in a criminal charge of having been elsewhere at a material time: the fact of being elsewhere.