Associated Murder Charges Flashcards
Associated murder charges include:
Attempt to murder
Counselling or attempting to procure murder
Conspiracy to murder
Accessory after the fact to murder
What is the definition of Attempts under Sec 72(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 attempts to commit the offence intended
Whether in the circumstances it was possible to commit the offence or not
In a charge of attempt to murder, what is the crown required to prove?
The crown is responsible for establishing the mens rea and actus reus as set out in Sec 72
R v Murphy (Attempts)
Intent must be established
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
What 3 conditions must apply for an attempt?
Mens rea
An intent to commit the full offence
Actus reus
Does or omits an act to achieve that end
Proximity
The act or omission must be sufficiently proximate (close enough) to the full offence. The def must have started to commit the full offence and gone beyond the phase of mere preparation - this is the all but rule
R v Harpur
Several acts together may constitute an attempt
The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. The defendants conduct may be considered in its entirety. Considering how much remains to be done is always relevant, though not determinative
The test for proximity
Simester and Brookbanks suggests two questions should be asked for determining the point at which an act of mere preparation may become an attempt
(1) Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt?
(2) Has the offender actually commenced execution, has he taken a step in the actual offence itself?
If the answer to either is yes then it can be said there has been an attempt as a matter of law. If not, conduct classed as preparation and is not an offence
Proximity is a question of law, decided by who?
The judge
Based on the assumption that the facts of the case are proved
What is the punishment of attempted murder?
(Sec 173)
Everyone who attempts to commit murder is liable to imprisonment for a term not exceeding 14 years
What is the definition of Counselling or attempting to procure murder
Sec 174 CA61
Everyone who
Incites, counsels, or attempts to procure
Any person
To murder any other person in NZ
When that murder is not in fact committed
10 years imprisonment
When does Sec 174 Counselling or attempting to procure murder apply?
Applies where murder is not in fact committed
If murder committed, the parties provision of Sec 66 will apply to the inciter/counsellor
Conspiracy to murder
Sec 175 CA61
10 years imprisonment
Everyone who
Conspires or agrees with any person
To murder any other person
Whether the murder is to take place in NZ or elsewhere
Sec 175 may apply regardless of whether murder is committed or not
Accessory after the fact to murder
Sec 176 CA61
7 years imprisonment
Everyone who
Is an accessory after the fact
To murder
Ingredients for AATF 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
Avoid conviction
R v Mane (AATF)
For a person to be an accessory the offence must be complete at the time of the involvement. One cannot be considered 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
