Murder and Manslaughter Offences

Question 1

Crimes Act 1961, Section 167(a) Murder defined

Answer 1

Culpable homicide is murder:
167(a) If the offender means to cause the death of the person killed:

Question 2

Crimes Act 1961, Section 167(b) Murder defined

Answer 2

Culpable homicide is murder
167(b) If the offender means to cause to the person killed any bodily injury
that is known to the offender to be likely to cause death,
and is reckless whether death ensues or not:

Question 3

Crimes Act 1961, Section 167(c) Murder defined

Answer 3

Culpable homicide is murder:
167(c) If the offender means to cause death,
or, being so reckless as aforesaid,
means to cause bodily injury as aforesaid to one person,
and by accident or mistake kills another person,
though he does not mean to hurt the person killed:

Question 4

Crimes Act 1961, Section 167(d) Murder defined

Answer 4

Culpable homicide is murder:
167(d) If the offender for any unlawful object does an act
that he knows to be likely to cause death,
and thereby kills any person,
though he may have desired that his object should be effected without hurting any one.

Question 5

Crimes Act 1961, Section 168(1)(a) Further definition of murder

Answer 5

Culpable homicide is also murder, whether the offender means or does not mean death to ensue, or knows or does not know that death is likely to ensue:

168(1)(a) If he means to cause grievous bodily injury for the purpose of
facilitating the commission of any of the offences mentioned in subsection (2) of this section, or

facilitating the flight or avoiding the detection of the offender upon the commission or attempted commission thereof, or

for the purpose of resisting lawful apprehension in respect of any offence whatsoever, and death ensues from such injury:

Question 6

Crimes Act 1961, Section 168(1)(b) Further definition of murder

Answer 6

Culpable homicide is also murder, whether the offender means or does not mean death to ensue, or knows or does not know that death is likely to ensue:

168(1)(b) If he administers any stupefying or overpowering thing for any of the purposes aforesaid, and

death ensues from the effect thereof.

Question 7

Crimes Act 1961, Section 168(1)(c) Further definition of murder

Answer 7

Culpable homicide is also murder, whether the offender means or does not mean death to ensue, or knows or does not know that death is likely to ensue:

168(1)(c) If he by any means wilfully stops the breath of any person for any of the purposes aforesaid, and

death ensues from such stopping of breath.

Question 8

Intent to cause death

If you are charging an offender with murder under s167 you must show that the defendant:

Answer 8

• intended to cause death, or
• knew that death was likely to ensue, or
• was reckless that death would ensue.

If such intent is not present the offence is manslaughter unless it falls within the provisions of infanticide (s178).

Question 9

Crimes Act 1961, Section 72 Definition of attempts

Answer 9

72(1) 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 10

Crimes Act 1961, Section 173 Attempt to murder
Penalty?

Answer 10

173(1) Every one who attempts to commit murder is liable to imprisonment for a term not exceeding 14 years.

Question 11

The test of proximity

Simester and Brookbanks suggests the following questions should be asked in determining the point at which an act of mere preparation may become an attempt:

Answer 11

Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt?

or

Has the offender actually commenced execution; that is to say, has he taken a step in the actual offence itself?

If the answer to either question is “yes” then we can say there has been an attempt as a matter of law.
If not, the conduct can be classed as preparation and is not an offence.

Question 12

Proximity is a question of law; it is a question that is decided by –

Answer 12

The Judge

based on the assumption that the facts of the case are proved.

Question 13

Crimes Act 1961, s174 Counselling or attempting to procure murder

Answer 13

Every one is liable to imprisonment for a term not exceeding 10 years who

incites, counsels, or attempts to procure any person
to murder any person in New Zealand,
when that murder is not in fact committed.

Question 14

Crimes Act 1961, s175 Conspiracy to murder

Answer 14

175(1)Every one is liable to imprisonment for a term not exceeding 10 years who

conspires or agrees with any person to murder any other person,
whether the murder is to take place in New Zealand or elsewhere.

Question 15

List the difference between counselling or attempting to procure murder (174) and conspiracy to murder (175).

Answer 15

Counselling or attempting to procure murder requires the offence to be committed in NZ, whereas with conspiracy to murder, the murder can take place in NZ 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 16

Crimes Act 1961, Section 176 Accessory after the fact to murder
Penalty?

Answer 16

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

Question 17

Voluntary manslaughter

Answer 17

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

Question 18

Involuntary manslaughter

Answer 18

Death caused by an unlawful act or gross negligence.
In such cases there has been no intention to kill or to cause grievous bodily harm.

Question 19

When you come across a killing that is a result of a sudden fight, you need to consider whether there was:

Answer 19

• self-defence (verdict is acquittal)
• the requisite mens rea for a murder charge. (verdict is manslaughter)

Question 20

Crimes Act 1961, Section 150A Standard of care applicable to persons under legal duties or performing unlawful acts

Answer 20

150A(1) This section applies in respect of—
(a) the legal duties specified in any of sections 151, 152, 153, 155, 156, and 157; and
(b) an unlawful act referred to in section 160 where the unlawful act relied on requires proof of negligence or is a strict or absolute liability offence.

150A(2) For the purposes of this Part, a person is criminally responsible for omitting to discharge or perform a legal duty, or performing an unlawful act, to which this section applies only if, in the circumstances, the omission or unlawful act is a major departure from the standard of care expected of a reasonable person to whom that legal duty applies or who performs that unlawful act.

Question 21

Before a conviction can be obtained for manslaughter where one of the sections referred to in s150A(1) the prosecution must prove:

Answer 21

a “very high degree” of negligence or “gross negligence”.

Question 22

Crimes Act 1961, Section 178 Infanticide
Penalty: imprisonment for a term not exceeding 3 years.

Answer 22

178(1) 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.

Question 23

Who decide on mother’s state of mind for an infanticide charge?

Answer 23

Jury

Question 24

Legal duties defined

Answer 24

• Legal duties are duties imposed by statute and common law.
• Many of these duties are set out in s151-s157.
• A failure to discharge these duties makes the person liable to penalties, providing the level of negligence required by s150A is reached.

Question 25

Crimes Act 1961, Section 151 Duty to provide the necessaries and protect from injury

Answer 25

151(1) Every one who has actual care or charge of a person who is a vulnerable adult and who is unable to provide himself or herself with necessaries is under a legal duty— (a) to provide that person with necessaries; and (b) to take reasonable steps to protect that person from injury

Question 26

Crimes Act 1961, Section 152 Duty of parent or guardian to provide necessaries and protect from injury

Answer 26

152 (1) Every one 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— (a) to provide that child with necessaries; and (b) to take reasonable steps to protect that child from injury

Question 27

Crimes Act 1961, Section 153 Duty of employers to provide necessaries

Answer 27

153 (1) Every one who as employer has contracted to provide necessary food, clothing, or lodging for any servant or apprentice under the age of 16 years is under a legal duty to provide the same, and is criminally responsible for omitting without lawful excuse to perform such duty if the death of that servant or apprentice is caused, or if his life is endangered or his health permanently injured, by such omission.

Question 28

Vulnerable adult

Answer 28

Means “a person unable, by reason of detention, age, sickness, mental impairment, or any other cause, to withdraw himself or herself from the care or charge of another person”.

Question 29

Necessaries

Answer 29

food, clothing, housing, warmth and medical care.

Question 30

Crimes Act 1961, Section 154 Abandoning child under 6

Answer 30

154 Every one is liable to imprisonment for a term not exceeding 7 years who unlawfully abandons or exposes any child under the age of 6 years. 150A does not apply to 154.

Question 31

Crimes Act 1961, Section 155 Duty of persons doing dangerous acts

Answer 31

Every one who undertakes (except in case of necessity) to administer surgical or medical treatment, or to do any other lawful act the doing of which is or may be dangerous to life, is under a legal duty to have and to use reasonable knowledge, skill, and care in doing any such act, and is criminally responsible for the consequences of omitting without lawful excuse to discharge that duty.

Question 32

Crimes Act 1961, Section 156 Duty of persons in charge of dangerous things

Answer 32

Every one who has in his charge or under his control anything whatever, whether animate or inanimate, or who erects, makes, operates, or maintains anything whatever, which, in the absence of precaution or care, may endanger human life is under a legal duty to take reasonable precautions against and to use reasonable care to avoid such danger, and is criminally responsible for the consequences of omitting without lawful excuse to discharge that duty. "Anything whatever" includes such things as motor vehicles, trains, animals, ships, weapons, machinery and explosives.

Question 33

Crimes Act 1961, Section 157 Duty to avoid omissions dangerous to life

Answer 33

Every one who undertakes to do any act the omission to do which is or may be dangerous to life is under a legal duty to do that act, and is criminally responsible for the consequences of omitting without lawful excuse to discharge that duty.

Question 34

Crimes Act 1961, Section 164 Acceleration of death

Answer 34

Every one who by any act or omission causes the death of another person kills that person, although the effect of the bodily injury caused to that person was merely to hasten his death while labouring under some disorder or disease arising from some other cause.