2. Murder and Manslaughter offences Flashcards
Define Murder under S167
Culpable homicide is murder in each of the following cases:
A-D
If the offender.
M, BI, AM, UO
Culpable homicide is murder in each of the following cases:
(a) Offender means to cause the death of the person killed:
(b) Offender means to cause to person killed any bodily injury that is known to likely to cause death, and is reckless whether death ensues or not:
(c) Offender means to cause death, or, being so reckless, means to cause bodily injury to one person, by accident or mistake kills another person.
(d) Offender for any unlawful object does an act that he knows likely to cause death, and thereby kills any person, though he may have desired that his object be effected without hurting any one.
Define Murder under S168
Culpable homicide is also murder if:
FC FF RA
1. GBI
2. ASOT
3. WSB
(1) Whether offender - means or doesn’t mean; knows or doesn’t know death will ensue
(a) If he means to cause grievous bodily injury for the purpose of
facilitating the commission of an offence, or
facilitating the flight or avoiding the detection upon the commission or attempted commission, or
resisting lawful apprehension
in respect of any offence whatsoever,
and death ensues from such injury:
(b) Administers any stupefying or overpowering thing for any of the purposes aforesaid, and death ensues from the effects thereof:
(c) By any means wilfully stops the breath of any person for any of the purposes aforesaid, and death ensues from such stopping of breath.
If you are charging an offender with murder under s167 you must show that the defendant?
I K R
- 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 (section 178).
Define Recklessness with Cameron v R
Recklessness is established if:
defendant recognised that there was a real possibility that his actions would bring about the proscribed result; and/or that the proscribed circumstances existed;
having regard to that risk those actions were unreasonable.
To show that the defendant’s state of mind meets the provisions of s167(b), you must establish that the defendant?
I K R
R v Piri about recklessness ?
Piri Recklessness caused DC R
Degree in RN which was a RS Risk
- intended to cause bodily injury to the deceased
- knew the injury was likely to cause death
- was reckless as to whether death ensued or not
R v Piri
Recklessness involves a conscious, deliberate risk taking. The degree of risk of death foreseen must be more than negligible or remote. The accused must recognise a “real or substantial risk” that death would be caused:
Killing in pursuit of an unlawful object: s167(d)
R v Desmond MUST x3 Checklist
Desmond Cook Unlawful Objects
Not only must the object be unlawful but also…
It must be shown… K + A = D
The Court looked at the following issues?
R v Desmond
Not only must the object be unlawful, the accused must know that his act is likely to cause death. It must be shown that his knowledge accompanied the act causing death.
- whether the defendant knew the acts were likely to cause death, and
- whether the defendant’s original intent amounted to an unlawful object.
Sections 66(2) and 168 provide for the criminal responsibility of people who are in the course of carrying out an unlawful purpose when one of them kills someone. Explain what the secondary party must have in terms of knowledge?
Section 168(1)(a) refers to the term “grievous bodily injury” - define this?
The secondary party must know the principal party might do the act that causes death.
GBI
harm that is very serious, such as injury to a vital organ. To come within subsection (1)(c), the stopping of the victim’s breath must be done “wilfully”.
Section 173 creates a separate offence of attempted murder.
Every one who attempts to commit murder is liable to imprisonment for a term not exceeding 14 years.
Definition of attempts - S71
(1)Having intent to commit offence, does or omits an act for the purpose of accomplishing this object is guilty of an attempt. Whether possible to commit offence or not.
(2) Whether an act is an attempt or merely preparation is a question of law
(3) May be Attempt if immediately or proximately connected.
attempted murder is one of the most difficult offences in the Crimes Act to prove beyond a reasonable doubt.
What does R v Murphy suggest when proving attempt
Greg Murphy Attempted to crash
R v Murphy
When proving an attempt to commit an offence it must be shown that the accused’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:
Proximity is a question of law; it is a question that is decided by the judge based on the assumption that the facts of the case are proved.
Sufficiently Proximate - R v Harpur
The Court may have regard to the conduct
The Court may have regard to the conduct viewed cumulatively up to the point when the conduct stops.
The defendant’s conduct may be considered in its entirety.
How much remains to be done is always relevant, though not determinative.”
The test for proximity - Simester and Brookbanks
Has the offender:
* done anything more than getting himself into a position
from which he could embark on an actual attempt? or
- actually commenced execution in the actual crime itself?
Counselling or attempting to procure murder - 174
Conspiracy to murder - 175
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 other person in New Zealand, when that murder is not in fact committed.
conspires or agrees with any person to murder any other person, whether the murder is to take place in New Zealand or elsewhere.
Accessory after the fact to murder - 176
KM RCATS AAC EA
R v Mane
To be an accessory the offence must..
R v Mane
To be an accessory the offence must be complete at the time of the criminal involvement. Can’t be convicted when the act is completed before the offence.
177 - Every one who commits manslaughter is liable to imprisonment for life.
Except in cases of infanticide, culpable homicide that does not amount to murder is treated as manslaughter.
Common law draws a further distinction between:
* voluntary manslaughter
* involuntary manslaughter
Explain each
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 grievous bodily harm.
Involuntary manslaughter
Covers those types of unlawful killing in which the death is caused by an unlawful act or gross negligence. In such cases there has been no intention to kill or to cause grievous bodily harm.
When you come across a killing that is a result of a sudden fight, you need to consider whether there was:?
Newbury and Jones - 4 point test to prove manslaughter?
IA UDD
Manslaughter by negligence - egs.
- self-defence
- the requisite mens rea for a murder charge.
four-point test for proving an unlawful act for manslaughter.
1. The defendant must intentionally do an act
2. The act must be unlawful
3. The act must be dangerous
4. The act must cause death
Negligence examples
Using a dangerous thing riskily or negligently
Death occurs during a lawful game or contest
Contributory negligence is no defence.
