1 Flashcards
What is the penalty for attempted murder
Liable for a term of imprisonment not exceeding 14 years
R V TAREI
Withdrawal of any form of life support system is not treatment under section 166 CA 196. To withdraw life support, does not cause death, but removes the possibility of extending the persons life through artificial means. 
Section 181 of crimes act, 1961 [concealing a dead body of a child.]
Imprisonment for a term, not exceeding two years who despises of the dead body of any child in any manner, with intent to conceal the fact of its birth, whether the child died before, during or after birth
In which court does a youth facing a charge of a 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
The judge
What the accused state of mind was at the time of the offense is a question decided by who
The jury
What is the burden of proof for insanity?
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 crimes act, 1961. What is the relevant age of the person who is employed?
Under the age of 16 years
Where a charge of infanticide is laid who decides on the mother’s State of mind
The jury
Pursuant to section 22 [3] [a] criminal disclosure act 2008 – notice under subsection [1] must include
Name and address of the witness or if the name and address is not known to the defendant when the notice is given any matter known by the defendant, that might be of material assistance in finding that witness
Before a conviction can be obtained for manslaughter, where one of the sections referred to is section 150A (1) CA 1961 what must the prosecution prove
A very high degree of negligence or gross negligence
Proximity is a question of law, decided by whom
The judge based on the assumption that the facts of the case proved
Written notice of an alibi is to be given by the defendant
Within 10 working days after the defendant is given notice under section 20 of the criminal disclosure act 2008
Procedure when alibi witnesses are interviewed
OC case should not interview an alibi witness unless the prosecutor requests them to do so if an interview is requested follow this procedure
Step one: advise the defense counsel of the proposed interview and give them a reasonable opportunity to be present.
Step two: if the defendant is not represented endeavor to ensure the witness is interviewed in the presence of a independent person, not being a . member of the police
Step three: make a copy of a Witnesses signed statement taken at any such interview available to defense counsel through the prosecutor any information that reflects on the credibility of the alibi. Witness can be withheld under S16 (1)(o)
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 judgment
As a general guideline, most offenses within the crimes act, 1961 will require an intent, mens rea of some kind. Outline a defense that would therefore be generally available.
Defense of intoxication will be available to the defense to establish that the defendant did not have the required intent to carry out the offense
Intoxication:
-causes a disease of the mind
-Whole intent is in and essential element and the drunkenness is such that the defense can plead a lack of intent to commit the offense
-Intoxication causes a state of automatism
Provide an overview of the culpability of persons involved in suicide pacts
Any survivor of a suicide pact is guilty of being a party to a death (if death of another person within the pact and ensues)
Section 25, crimes act, 1961 – ignorance of the law
The fact that an offender is ignorant of the law is not an excuse for any offense committed by him whether a New Zealand resident or visitor
“M’Naghten’s rules”- Insanity
M’Naghtens rules (or test) is frequently used to establish whether or not a defendant is insane. It is based on the persons ability to think rationally so that as a person is insane, they were acting under such a defect of reason a disease of the mind that they did not know:
– nature and quality of their actions.
– what they were doing was wrong.
List four statutory legal duties and respect of the crimes at 1961 TAPP
– Take precautions when in charge of dangerous things such as machinery S156
– avoid omissions that will endanger life. S157
– provide necessities as an employer. S153
– Provide the necessities and protect from injury S151
List the difference between canceling or attempting to procure murder (s174) and conspiracy to murder (s175)
Counseling, or attempting to procure murder:
– Requires that the offense is to be committed in New Zealand only applies if the murder is not in fact, committed
Conspiracy to murder :
- the murder can take place in New Zealand or elsewhere and applies, regardless of whether murder is committed or not
Section 159(1) & (2) CA 61 defines when a child, becomes a human being, and is therefore able to be murdered under section 158. Detail the provisions of section.
159(1):
When it has completely preceded in a living state from the body of its mother, whether it has breathed or not whether it has an independent circulation or not, and whether the navel string is severed or not.
159 (2):
The killing of such child is homicide if it dies and consequence of injuries received before, during or after birth 
What is the definition of homicide Section 158, CA 1961
Homicide is the killing of a human being by another, directly, or indirectly, by any means whatsoever. Homicide must be culpable to be an offense.
R v MANE
For a person to be an accessory, the offense must be complete at the time of the criminal involvement. One cannot be convicted of being an accessory after the fact of murder, when the actus reus of the alleged criminal conduct was wholly completed before the offence of homicide was completed.
