Murder & Manslaughter Offences Flashcards
Legislation - Murder defined s167
Culpable homicide is murder in each of the following cases:
(a) If the offender means to cause the death of the person killed
(b) If the offender means to cause the person killed any bodily injury that is known to the offender to be likely to cause death, and is reckless whether the death ensues or not
(c) If the offender means to cause death, or, being so reckless as aforesaid, means to cause such 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
(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.
Legislation - Further definition of murder s168
(1) Culpable homicide is also murder in the following cases, whether the offender means or doesn’t mean death to ensue, or knows or does not know that death is likely to ensue:
(a) If he means to cause GBI for the purpose of facilitating the commission of any offences in ss2, or facilitating flight, avoiding the detection, or resisting lawful apprehension in respect of any offence, and death ensues from such injury
(b) If he administers any stupefying or overpowering thing for any of the purposes aforesaid, and death ensues from the effects
(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.
Definition - Intent
In criminal law there are two specific types of intention in an offence. Firstly there must be an intention to commit the act, and secondly, an intention to get a specific result.
Case law - Cameron v R
What is the case law regarding recklessness?
Recklessness is established if:
(a) The defendant recognised that there was a real possibility that; his or her actions would bring about the proscribed result; and/or the proscribed circumstances existed
(b) Having regard to that risk, those actions were unreasonable.
Case law - R v Piri
What is the case law specific to s167(b) regarding recklessness?
Recklessness involves a conscious, deliberate risk taking. The degree of risk of death foreseen by the accused under s167(b) or (d) must be more than negligible or remote.
The accused must recognise a real or substantial risk that the death would be caused.
Case law - R v Desmond
What is the case law regarding killing in pursuit of an unlawful object?
Not only must the object be unlawful
But also the accused must know that his act is likely to cause death.
What is the punishment for
• murder s172?
• attempted murder s173?
Every one who commits murder is liable to imprisonment for life.
Every one who attempts to commit murder is liable to imprisonment for a term not exceeding 14 years.
Elements - Attempt to commit an offence s72
- Everyone 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.
Case law - R v Murphy
What is the case law regarding proving an attempt to commit an offence?
When proving an attempt to commit an offence,
It must be shown that the accused’s intention
Was to commit the substantive offence.
EG: In a case of attempted murder it’s necessary for the Crown to establish an actual intent to kill.
Case law - R v Harpur
What is the case law regarding cumulative conduct?
The Court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops… the defendant’s conduct may be considered in its entirety.
Considering how much remains to be done.. is always relevant, but not determinative.
The test for proximity - Simister & Brookbanks suggests the following questions should be asked in determining the point at which an act of mere preparation may become an attempt:
Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt?
Has the offender actually commenced execution of the actual offence?
List the difference between Counselling or attempting to procure murder s174 and Conspiracy to murder s175?
Counselling or attemtping to procure murder requires the offence to be committed in NZ, when the murder is in fact not committed.
Conspiracy to murder, the murder can take place in NZ or elsewhere and applies whether the murder is committed or not.
Case law - R v Mane
What is the case law regarding accessory after the fact to murder?
One can’t be convicted of being an accessory after the fact to murder when the actus reus of the alleged criminal conduct was completed before the homicide was completed.
Elements - Accessory after the fact - s71?
- Everyone who
- Knowing any person to have been a party to the offence
- Actively suppresses any evidence against him
- In order to enable them to escape after arrest or to avoid arrest or conviction.
What is an example of voluntary manslaughter?
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 GBH.
