2. Murder and manslaughter Offences

Question 1

What are 3 things a person need to have in their state of mind to prove:

Answer 1

Intended to cause bodily injury to the deceased
Knew the injury was likely to cause death
Was reckless as to whether death ensued or no

Question 2

If you are intending to charge offender with murder under s167 you must show that the defendant

Answer 2

Intended to cause death
Knew that death was likely to ensue
Was reckless that death would ensue

Question 3

Killing in pursuit of an unlawful object

Caselaw

Answer 3

Desmond
Not only must the object be unlawful but also the accused must know that his act is likely to cause death. It must be shown that his knowledge accompanied the act causing death

Question 4

Murphy caselaw

Answer 4

When proving an attempt to commit an offence it must be shown that the accuseds 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.

Question 5

Acts must be sufficiently proximate to the full offence

Answer 5

Generally to prove an attempt the defendant must have done or omitted to do some act that is/are sufficiently proximate to the full offence. Effectively the defendant must have started to commit the full offence and have gone beyond the phase of mere preparation - this is the all but rule

Question 6

Attempt to murder punishment

Answer 6

14 years

Question 7

What are the three differences between section 174 - counselling or attempting to procure murder and section 175 - conspiracy to murder

Answer 7

174 - murder not committed
Had to happen in NZ

175 - murder in NZ or elsewhere
Applies whether murder committed or not

Question 8

What is voluntary manslaughter?

Answer 8

Mitigating circumstances, such as a suicide pact, reduce what would ha e otherwise been murder to manslaughter even though the defendant made have intended to kill or cause GBH

Question 9

What is involuntary manslaughter?

Answer 9

Covers those types of unlawful killing in which the death caused by an unlawful act or gross negligence. In such cases there has been no intention to kill or cause GBH.

Question 10

Newbury and Jones outlines 4 point test for proving an unlawful act for manslaughter

I
U
D
C

Answer 10

The defendant must intentionally do and act
The act must be unlawful
The act must be dangerous
The act must cause death

I
U
D
C

Question 11

What is the major departure yet in terms of gross negligence

Answer 11

Requires high degree of negligence corresponding with a common law standard of gross negligence
Objective test also required

Question 12

2 question test for proximity

Answer 12

Following questions should be asked

1. Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt or
2. Has the offender actually commenced execution, that is to say,!has he taken a step in the actual offence itself

Question 13

Mane caselaw accessory after the fact

A
C
T

C
O
C
Aaf

W
C
H

Answer 13

Mane
For a person to be an accessory the offence must be complete at the time of the criminals 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

Question 14

Killing is a sudden fight, things to consider.

Answer 14

You need to consider whether there was.

1. Self defence
2. The required mens rea for a murder charge

Acquitted for self defence
Manslaughter for required mens rea

Question 15

Piri case law - recklessness

Answer 15

Recklessness involves conscious, deliberate risk tasking. The degree of risk of death foreseen by the accused under either 167(b) or (d) must be more than negligible or remote. The accused must recognise a real and substantial risk that death would be caused

Question 16

S72(1) attempts ingredients

H
D
G
W

Answer 16

(1) 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

Question 17

Accessory after the fact to murder ingredients

Answer 17

176 everyone is liable to impriosnment for a term not exceeding 7 years who is an accessory after the fact to murder

Knowing any person to be party to murder
Recieves, comforts or assists that person
Or
Tampers with or actively suppresses any evidence against him in order to help him escape after arrest
Or
To avoid arrest or conviction

Question 18

Meaning of GBH

Answer 18

GBH means harm that is very serious such as injury to a vital organ