Study

Question 1

Define homicide

Answer 1

Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever

Question 2

When does a child become a human being in relation to killing if a child

Answer 2

When the child has completely proceeded to a living state whether it has breathed or not, wether or not it has independent circulation or wether or not its navel string is attached.

If the child dies due to another’s actions it’s homicide.

Question 3

Define culpable homicide

Answer 3

Killing of another person:

• By an unlawful act
• By an omission without lawful excuse
• Both an unlawful act and omission combined
• causing a person to act through threats, fear, violence or deception causing thier death
• death caused by wilfully frightening a child under 16 or a sick person

Question 4

Define unlawful act

Answer 4

A breach of any act, regulation, rule or bylaw

Question 5

Define legal duties imposed by statute (x6)

Answer 5

• provide the necessaries and protect from injury
• provide necessaries and protect from injury when you are a parent or guardian.
• provide necessaries as an employer
• use skill and knowledge when performing dangerous act
• take precautions with dangerous machinery
• avoid omissions that could be deadly

Question 6

3 X examples of culpable homicide through threats, fear or deception

Answer 6

• jumping from height to prevent assault and dies
• jumps into a river to escape harm and drowns
• jumps from a train believing their life is in danger and dies

Question 7

Explain criminal liability for killing by influence of the mind

Answer 7

No one is criminally responsible for the killing of another by the influence on their mind including any disease or disorders that arise, except when it involves wilfully frightening a child under 16 or a sick person.

Question 8

Explain R v Horry

Answer 8

Where no physical body is located Death should be proven to the point that there is no grounds for reasonable doubt that murder is all that could have occured

Question 9

Murder defined

Answer 9

• offender means to cause death or does and act that is likely to cause death
• offender means to cause injury leading to death
• means to kill, but kills the wrong person
• causes death during a crime or facilitating flight or preventing detection (aggravating factors of crime)
• administers any stupefying thing causing death
• wilfully stopping a person’s breath causing death

Question 10

Explain Cameron v r

Answer 10

The defendant recognised that his or her actions would bring about a proscribed result in the circumstances and the risk taken was unreasonable.

Question 11

R v Piri

Answer 11

Recklessness is a conscious and deliberate risk taking. The accused must recognise that there was a real risk that death would be caused.

Question 12

Define attempts

Answer 12

Having an intent to commit an offence, does or omits an act for the purpose of accomplishing thier object.

The act or omission must be more than mere preparation and proximate to the full offence.

Question 13

R v Murphy

Answer 13

It is necessary for the crown to prove a necessary intent to commit the offence

Question 14

How to prove an attempt?

Answer 14

To prove an attempt there must be an act or omission that are proximately close to the full offence and gone beyond mere preparation

Question 15

R v Harper

Answer 15

Acts viewed in isolation may not constitute an attempt, however the same acts viewed together may in constitute an attempt.

Question 16

How to determine proximaty to the full offence

Answer 16

Each case will be viewed omits own circumstances, the question must be asked wether a person’s actions or omissions come close to the intended offence

Proximity is a question of law to be answered by the judge

Question 17

What is the maximum punishment for attempted murder?

Answer 17

14 years imprisonment

Question 18

Voluntary manslaughter explained

Answer 18

Circumstances of the specific case will influence charges that would normally be murder reduced to manslaughter. Example of this would be if a person intended to kill another through a suicide pact.

Question 19

Involuntary manslaughter explained

Answer 19

No intention to kill however Death caused by unlawful acts or gross negligence.

Question 20

What must you consider with a killing in a sudden death?

Answer 20

• self defence (will result in acquittal)
• men’s rea for a murder charge (if men’s rea present a charge or manslaughter appropriate)

Question 21

What must the prosecutor establish in relation to gross negligence?

Answer 21

A very high degree or negligence or gross negligence

Question 22

Standard of care for persons with a legal duty

Answer 22

Criminally liable if In the circumstances the omission or unlawful act is a major departure from the standard care expected from a person with that responsibility

Question 23

What is Infanticide ?

Answer 23

Where a woman causes the death of her children in a way that amounts to culpable homicide however the balance of her mind was disturbed due to the effects of childbirth and cannot be held fully accountable

Question 24

Who decides if Infanticide is relevant during hearings?

Answer 24

The Jury

Question 25

Abandoning a child - age of child for the charge and max penalty ?

Answer 25

Under 6 years old and max 7 years imprisonment

Question 26

Explain criminal liability for encouraging death..

Answer 26

No one is criminally responsible for the killing of another through influence on the mind unless by wilfully frightening a child under 16 or a sick person

Question 27

R v Blaue

Answer 27

Those who use violence must take their victims as they come (physically or mentally including beliefs)

Question 28

R v Cox

Answer 28

Consent must be full, free and voluntary given from a person in a position to make an informed decision

Question 29

What is the intent of concealing a child's body?

Answer 29

Intent to conceal the fact of its birth regardless if the child dies before, during or after the birth. Will be enough that the intent was to conceal the birth from an individual even if others new of the birth.

Question 30

What does aiding an abetting suicide involve?

Answer 30

Requires the person aiding or abetting "doing something" in a way that assists the death

Question 31

Difference between aiding/abetting and entering a suicide pact?

Answer 31

Aiding and abetting involves NO intention of killing themselves (14 year offence) If a person enters a suicide pact however survives, they are a party to a suicide pact (5 year offence)

Question 32

Explain admissibility of hearsay evidence

Answer 32

Hearsay evidence is admissible if: - the circumstances provide assurance of reliability And - the author is unavailable as a witness Or - the judge sees it non beneficial to the case to delay or cause further expense.

Question 33

List 5 factors that should be considered to the reliability of statements

Answer 33

- the nature of the statement - the contents of the statement - the circumstances around the making of the statement - circumstances around the veracity of the witness - the accuracy of the observation of the witness

Question 34

What does protected from criminal responsibility mean?

Answer 34

Mean a person is not guilty of an offence but may still be civilly liable

Question 35

R v Forrest and Forrest

Answer 35

The best proof of age is a birth certificate accompanied by independent evidence to support the facts of the birth cert such as a birth parent.

Question 36

As a general rule all child offenders will be .....

Answer 36

Referred to the care and protection coordinator until the age of 14

Question 37

What happens with child offenders under 10?

Answer 37

Not criminal responsibility, dealt with as a care and protection matter, still required to show they are guilty

Question 38

What court for a child between 10 - 13 years old charged with murder or manslaughter?

Answer 38

- charges laid for the district court - first appearance at youth court - automatically transfers to the high court following 1st.

Question 39

Burdon of proof for insanity of defendant..

Answer 39

The defendant is not required to prove the defence of insanity beyond reasonable doubt, it is the jury that will decide on the balance of probabilities

Question 40

Disease of the mind is....

Answer 40

A question of law for the judge

Question 41

What is automatism and it's criminal liability?

Answer 41

State of total blackout where a person is not conscious to there actions. Two types, same automatism (no mental health elements) and insane automatism (mental disease) Generally no culpability or criminal liability for any actions.

Question 42

Automatism caused by voluntary drugs and alcohol intake as a defence?

Answer 42

A court may be reluctant to accept actions under alcohol and drugs as unvolentary or lacking intent. The excuse of not remembering is seen as a sign of guilt.

Question 43

What does it mean for the case if a defendant is successful in negating Sane automatism?

Answer 43

That there cannot be any specific intent and negates responsibility with the actus Raus so the defendant is liable for aquiital

Question 44

Do all! Offences require criminal intent?

Answer 44

No not all cases require intent. EBA requires a proof of fault and not an intent to drive under the influence Assault requires a person to intentionally apply force ECT ECT.

Question 45

What is Dutch courage and how does it effect defences

Answer 45

A person who consumed alcohol or drugs can be known to get Dutch courage (become braver and have riskier behaviour) which negates any defence of automatism due to alcohol and drugs.

Question 46

Ignorance of the law as a defence for adults and children?

Answer 46

If a person states they did not realise what the were doing was wrong is not a defence to any offence they commit. This rule applies to offenders from NZ or overseas. A child that doesn't know there actions are against the law will NOT be liable for the offence

Question 47

Define alibi

Answer 47

The plea in a criminal charge of having been elsewhere at the material time. - Notice must be given in writing of an alibi - notice within 10 working days after initial - notice must include details of the alibi including names and addresses and details that will assist in enquiring about the alibi