2. Murder and Manslaughter Offences - Associated Murder Charges Flashcards
Outline S173 CA61?
Section 173 creates a separate offence of attempted murder. With an attempt to murder charge, the Crown is responsible for establishing the mens rea and actus rea as set out in s72:
Outline S72(1) CA61?
Definition of attempts
(1) Every one 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.
Outline S72(2) CA61?
(2) The question whether an act done or omitted with intent to commit an offence is or is
not only preparation for the commission of that offence, and too remote to constitute
an attempt to commit it, is a question of law.
Outline S72(3) CA61?
(3) An act done or omitted with intent to commit an offence may constitute an attempt if
it is immediately or proximately connected with the intended offence, whether or not
there was any act unequivocally showing the intent to commit that offence.
What is the intent 72(1)?
The requirement for “intent” in section 72(1) suggests that only an intention
to commit the offence will be sufficient and that there cannot be an attempt
where an offence is defined solely in terms of recklessness or negligence.
In relation to intention, what did the court say in R v Murphy?
Must Know Case Law
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:
Independent acts, viewed in isolation, simply construed as preparatory, may have a different context when viewed collectively and therefore amount to a criminal act. What does R v Harpur state?
Must Know Case Law
[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, though not determinative.
In relation to proximity, what questions did Simester and Brookbanks suggest should be asked when considering preparation and an attempt?
Must Know
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? or
* Has the offender actually commenced execution; that is to say, has he taken a step in the actual offence itself?
What is the punishment of attempted murder?
173 Attempt to murder
Every one who attempts to commit murder is liable to imprisonment for a term not exceeding 14 years
Outline the section related to counselling or attempting to procure murder?
174 Counselling or attempting to procure murder
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.
What is the punishment of accessory after the fact?
176 Accessory after the fact to murder
Every one is liable to imprisonment for a term not exceeding 7 years who is an accessory after the fact to murder.
Where is the definition of an accessory after the fact given?
The definition of an accessory after the fact is given in section 71(1) of the Crimes Act 1961
R v Mane highlights the application of s71(1) to a charge of murder. What did the court say in R v Mane?
Must Know Case Law
For a person to be an accessory the offence 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.
