3 Flashcards
List the difference between counselling or attempting to procure Murder (s174) and conspiracy to Murder (s175)
Counselling or attempting to procure Murder requires that the offence is to be committed in New Zealand, whereas with conspiracy to murder, the murder can take place in New Zealand or elsewhere
Section 159(1) & (2) of the Crimes Act 1961 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)& (2).
159(1) A child becomes a human being within the meaning of his act when it has completely proceeded 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 in consequence of injuries received before, during or after birth.
Define Homicide, section 158 of the Crimes Act 1961.
Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever
What is R v Mane?
For a person to be a 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.
State the ingredients of infanticide (s178 of the Crimes Act 1961)
Where a women causes the death of any child of hers under the age of 10 years in a manner that amounts to culpable homicide, and where at the time of the offence the balance of her mind was disturbed, by reasons of her not having fully recovered from the effect of giving birth to that or any other child, or by reason of the effect of lactation, or by reason of any disorder consequent upon childbirth or lactation, to such an extent that she should not be held fully responsible, she is guilty of infanticide, and not murder or manslaughter, and is liable to imprisonment for term not exceeding 3 years.
What does R v Myatt state about an unlawful act in respect of section 160(2)(a) of the Crimes Act 1961?
before a breach of any act, regulation or bylaw would be an unlawful act under s160 for the purposes of culpable homicide it must be an act likely to do harm to the deceased or to some class of persons of whom he was one.
What was held in R v Tomars
Formulates the issue in the following way:
1. Was the deceased threatened by, in fear of or deceived by the accused?
- If they were, did such threats, fear or deception cause the deceased to do the act that caused their death?
- Was the act a natural consequence of their actions of the accused, in the sense that reasonable and responsible people in the accused position at the time could reasonably have foreseen the consequences?
- Did these foreseeable actions of the victim contribute in a significant way to his death?
In general, no one is criminally responsible for the killing of another by any influence of the mind. What are the exceptions to this rule?
- Wilfully frightening a child under 16 years of age.
- Wilfully frightening a sick person (Mentally or physically)
What is mean by the term “Justified” Provide two examples
Note that some acts are “justified” even when they result in death. Section 2 provides that when an act is justified the perpetrator is exempt from both criminal and civil liability.
Examples of such acts include:
- Homicide committed in self-defence (s48)
- Homicide committed to prevent suicide or commission of an offence which would likely to cause immediate and serious injury to the person or property of anyone (s41)
Why i attempted murder one of the most difficult offences in the Crimes Act 1961 to prove beyond reasonable doubt?
R v Murphy
When providing 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.
