Associated Murder Charges

Question 1

Attempt to murder

Answer 1

Sec.173 Crimes Act 1961 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 Sec.72 Crimes Act 1961.

14 years imprisonment

Question 2

Definition of attempts

Answer 2

Sec.72 Crimes Act 1961

(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.

(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.

(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.

Question 3

Counselling or attempting to procure murder

Answer 3

Sec.174 Crimes Act 1961

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.

Question 4

Conspiracy to murder

Answer 4

Sec.175 Crimes Act 1961

(1) Every one is liable to imprisonment for a term not exceeding 10 years who conspires or agrees with any person to murder any other person, whether the murder is to take place in New Zealand or elsewhere.

(2) For the purposes of this section, the expression t
To murder includes to cause the death of another person out of New Zealand in circumstances that would amount to murder of the act were committed in New Zealand.

Section 175 may apply regardless of whether murder is committed or not.

Question 5

Accessory after the fact to murder

Answer 5

Section.176 Crimes Act 1961

Every one is liable to imprisonment for a term not exceeding 7 years who is an accessory after the fact to murder.

The definition of an accessory after the fact is given in section 71(1) of the Crimes Act 1961.

Question 6

Manslaughter

Answer 6

Culpable homicide that does not amount to murder.

Except in cases of infanticide, culpable homicide that does not amount to murder is treated as manslaughter. Key difference between manslaughter and murder is the mental element that must be established to support the charge.

Common law draws a further distinction between:
Voluntary manslaughter ie being part of a suicide pact.

Involuntary manslaughter ie death occurs as a result of unlawful act or gross negligence.

Question 7

Gross negligence

Answer 7

Sec.150A Standard of care applicable to persons under legal duties or performing unlawful acts

(1) This section applies in respect of-
(a) The legal duties specified in any of sections 151, 152, 153, 155, 156 and 157; and
(b) An unlawful act referred to in section 160 where the unlawful act relied on requires proof of negligence or is a strict or absolute liability offence.

(2) For the purposes of this Part, a person is criminally responsible for omitting to discharge or perform a legal duty, or performing an unlawful act, to which this section applies only if, in the circumstances, the omission or unlawful act is a major departure in care expected of a reasonable person to whom that legal duty applies or who performs that unlawful act.

Question 8

Punishment of manslaughter

Answer 8

Sec.177 Crimes Act 1961

Every one who commits manslaughter is liable to imprisonment for life.