2. Murder and Manslaughter pages 23-39 Flashcards
Define intent
Intent to commit the act and intent to get a specific result
Section 167: Murder defined. Culpable homicide is murder in each of the following cases:
(a) If the offender means to cause the death of the person killed:
(b) If the offender means to cause to the person killed any bodily injury that is known to the offender to be likely to cause death, and is reckless whether death ensues or not:
(c) If the offender means to cause death, or, being so reckless as aforesaid, means to cause such bodily injury as aforesaid to one person, and by accident or mistake kills another person, though he does not mean to hurt the person killed:
(d) If the offender for any unlawful object does an act that he knows to be likely to cause death, and thereby kills any person, though he may have desired that his object should be effected without hurting any one.
Section 168: Culpable homicide is also murder in each of the following cases, whether the offender means or does not mean death to ensue, or does not know that death is likely to ensue:
(a) If he means to cause grievous bodily injury for the purpose of facilitating the commission of any of the offences mentioned in subsection (2) of this section, or facilitating the flight or avoiding the detection of the offender upon the commission or attempted commission thereof, or for the purpose of resisting lawful apprehension in respect of any offence whatsoever, and death ensues from such injury:
(b) If he administers any stupefying or overpowering thing for any of the purposes aforesaid, and death ensues from the effects thereof:
(c) If he 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
- Intended to cause the death , or
- Knew that death was likely to ensue , or
- Was reckless that death would ensue
To show that the defendant’s state of mind meets the provisions of s167(b) you must establish that the defendant:
- 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
When a party to an offence, does the secondary party have to know that the principle party might do the act that causes death?
Yes
When party to an offence, does the secondary party have to know that death was a probable consequence of carrying out the primary purpose?
No
Define “Attempts” under section 72 of the CA 1961
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
The test for proximity: Simister and Brookbanks suggests the following questions should be asked in determining the point at which an act of mere preparation may become an attempt.
What are the questions and what conclusions can be drawn?
- Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt?
- Has the offender actually commenced execution; that is to say, has he taken a step in the actual offence itself?
If the answer to either questions is “yes” then we can say there has been an attempt as a matter of law. If not, the conduct can be classed as preparation and is not an offence
What is the penalty for attempted murder?
14 years
What are the actions described in counselling or attempting to procure murder?
Incites
Counsels
Attempts to procure
Any person to murder any other person in New Zealand, when that murder is not in fact committed
Can conspiracy to murder be committed even if a murder is not committed?
Yes
Explain voluntary manslaughter
Mitigating factors such as suicide pact reduce what would otherwise be murder to manslaughter, even though the defendant may have intended to kill or cause GBH
Explain involuntary manslaughter
Covers those types of unlawful killings in which the death is caused by an unlawful act or gross negligence. In such cases there has been no intention to kill or cause GBH
Manslaughter includes culpable homicide that:
- Does not come within s167 or 168
- Comes within 167 and 168 but is reduced to manslaughter because the killing was part of a suicide pact as defined in s180 of CA