4 Flashcards
What are the ingredients to accessory after the fact to murder?
Knowing any person to have been a party to murder,
Receives, comforts, assists that person or tampers with or actively suppresses evidence against that person in order to enable him to escape after arrest or to avoid conviction.
Define the term “Suicide Pact” s180(3) Crimes act 1961
For the purpose of this section the term suicide pact means a common agreement between two or more persons having for its object the death of all of them, whether or not each is to take his own life, but nothing done by a person who enters into a suicide pact shall be treated as done by him in pursuance of the pact unless it is done while h has the settled intention of dying in pursuance of the pact.
Discuss the case Forrest and Forrest and outline the case law
In R v Forrst and Forrst two men were charged with having sexual intercourse with a 14 year old girl who had run away from child welfare custody. At trial the girl produced her birth certificate and gave evidence herself that she was the person named in the certificate. The men successfully appealed their convictions on the grounds that the Crown had not adequately proved the girls age.
the best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
How do NZ courts deal with a defence of Automatism arising out of taking alcohol and / or drug?
In NZ the courts likely to steer a middle course, allowing a defence of automatism arising out of taking alcohol and drugs, to offences of basic intent only.
They re likely to disallow the defence where the state of mind is obviously self-induced, the person is blameworthy, and the consequence could have been expected.
List the ingredients of section 48 Crime act 1961 (Self defence)
Everyone is justified in using defence of himself or another, such force as, in the circumstances as he believes them to be, it is reasonable to use.
What was held in R v Ranger?
If the accused did really think that the lives of herself and her son were in peril because of the deceased, enraged after the struggle, might attempt to shoot them with rifle near at hand, then it would be going too far, we think, to say that the jury could not entertain a reasonable doubt as to whether a pre-emptive strike with a knife would be reasonable force in all the circumstances.
Provide three guidelines in respect of consent regarding assault.
Everyone has the right to consent to a surgical operation.
Everyone has the right to consent to the infliction of force not involving bodily harm.
No one has the right to consent to their death or injury likely to cause death.
No one has the right to consent to bodily harm in such a manner as to amount to a breach of the peace, or in a prize fight or other exhibition calculated to collect together disorderly persons.
It is uncertain to what extent any person has the right to consent to their being put in danger or bodily harm by the act of another.
In common law, allegations of culpable homicide have been supported where the offenders have caused death by particular circumstances. Name any four of these circumstances.
Committing arson
Giving a child an excessive amount of alcohol to drink.
Placing hot cinders and straw on a drunk person to frighten them.
Supplying heroin to the deceased.
Throwing a large piece of concrete from a motorway over bridge into the path of an approaching car.
Conducting an illegal abortion.
In relation to Section 160(2)(d) of the crimes Act 1961, give two practical examples of culpable homicide which has been caused by the victims actions, promoted by threats or fear of violence.
Jumps or falls out of a window because thy think they are going to be assaulted.
Jumps into a river to escape an attack and drowns.
Who has been assaulted and believes their life is in danger, jumps from a train and is killed.
To establish proof of death, in relation to homicide, you must prove three element, they are:
Death occurred
Deceased is identified as the person who has been killed.
Death can be proved by direct and/or circumstantial evidence.
