Associted Murder Charges

Question 1

DEFINE ATTEMPTS

Answer 1

Section 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.

Question 2

Case Law: R v Murphy

Answer 2

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

Question 3

Several acts together may constitute an attempt

Answer 3

Independent acts when viewed separately can be construed as preparatory

When the same acts are viewed all together they can take on a different context and could amount to an offence

Question 4

Case Law: R v Harpur

Answer 4

The Court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. The defendant’s conduct may be considered in its entirety. Considering how much remains to be done is always relevant, though not determinative.

Question 5

TEST FOR PROXIMITY - SIMESTER AND BROOKBANKS

Answer 5

• Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt? or
• Has the offender actually commenced execution; that is to say, has he taken a step in the actual offence itself?

Question 6

WHAT IS THE PENALTY FOR ATTEMPTED MURDER

Answer 6

Section 173 - Crimes Act 1961

Everyone who attempts to commit murder is liable to imprisonment for a term not exceeding 14 years.

Question 7

Counselling or attempting to procure murder legislation

Answer 7

Section 174 - Crimes Act 1961
10 years imprisonment

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

Question 8

Conspiracy to murder legislation

Answer 8

Section 175 - Crimes Act 1961
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

Question 9

ACCESSORY AFTER THE FACT LEGISLATION

Answer 9

Section 71(1) - Crimes Act 1961

knowing any person
to have been a party to the offence
receives, comforts, or assists that person OR
tampers with or actively suppresses any evidence against him
in order to enable him to escape after arrest or to avoid arrest or conviction

Question 10

CASE LAW: R V MANE

Answer 10

For a person to be an 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.

Question 11

PROXIMITY RELATING TO ATTEMPTS

Answer 11

Proximity is a question of law. It is a question that is decided by the Judge based on the assumptions that the facts of the case are proved.

Question 12

LIST THE DIFFERENCE BETWEEN COUNSELLING/ATTEMPTING TO PROCURE MURDER AND CONSPIRACY TO MURDER

Answer 12

Counselling or attempting to procure murder - requires the offence to be committed in NZ and only applies if the murder is not in fact committed

Conspiracy to murder - the murder can take place in NZ or elsewhere and applies regardless of whether murder is committed or not.