CHAPTER 1 & 2

Question 1

S158 Homicide defined

Answer 1

Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever

Question 2

S159 killing of a child

Answer 2

1) a child becomes a human being within the meaning of this 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 independent circulation or not, and whether the naval string is severed or not.
2) the killing of such a child is homicide if it dies in consequence of injuries recieved before, during or after birth.

Question 3

What is culpable homicide? (Not define)

Answer 3

The killing is blame worthy, it includes murder, manslaughter and infanticide.

Question 4

S160 culpable homicide

Answer 4

1) homicide may be either culpable or not culpable.
2) homicide is culpable when it consists of the killing of any person -
A) by any Unlawful Act
B) by OLEPOLD Ommision without lawful excuse to perform or observe legal duty
C) by both combined
D) by causing that person by threats or fear of violence or by any deception to do an act that causes his death
E) by wilfully frightening any child under 16 or sick person
3) except as per s178 in this act, culpable homicide is either murder or manslaughter
4) homicide that is not culpable is not an offence

Question 5

Unlawful Act definition ARRB

Answer 5

Breach of ARRB act regulation rule bylaw

Question 6

Common law culpable homicide examples

Answer 6

Arson
Giving child alcohol
Supplying heroin
Concrete from bridge
Embers on drunk person

Question 7

Common law duties statute examples PNPI PNE

provide necessities protect injury

Answer 7

151 duty to provide necessities protect from injury PNPI
152 as above charges when you’re a parent or guardian
153 duty to provide necessities as an employer
156 duty in charge of dangerous things

Question 8

Examples of homicide through threats fear deception

Answer 8

A person jumps out of a window through fear of violence
A person jumps into a river through fear of threats
A person jumps from a train having been assaulted

Question 9

Wilfully frightening definition

Answer 9

Intending to frighten or being reckless as to this

Question 10

163 killing by influence of the mind

Answer 10

No one is criminally responsible for the killing of another by any influence of the mind alone, except for WFU16SP (wilfully frightening a person under 16 or a sick person) nor for killing of another by any disorder or disease arising from such influence except for WFU16SP

Question 11

To establish death must prove 3 things CIO

Answer 11

CULPABLE killing
ID
death OCCURRED

Question 12

Justified death examples s48 s41 exempt crim civ

Answer 12

An act is justified when the perpetrator is exempt from both criminal and civil liability
E.g self defense s48
Prevent suicide s41

Question 13

Murder def (h) OCBIKOCDRDE

Answer 13

If the offender means to cause the death of the person killed

If the offender means to cause to the person killed any bodily injury that is known to the offender to be likely to cause death, and is reckless whether death ensues or not

Question 14

Charging under s167(murder) if - 3 (Int/knw/rek)

Answer 14

Defendant intended to cause death
Defendant knew that death was likely to ensue
Defendant was reckless that death would ensue

Question 15

Defendant state of mind (s167 b) establish -

Answer 15

Intended to cause bodily injury
Knew injury likely to cause death
Was reckless as to whether death ensued or not

Question 16

S72 define attempts

Answer 16

Everyone who having intent to commit an offence does or omits an act for the purposes of accomplishing his object is guilty of an attempt to commit offence intended, whether it was possible to commit or not.

Question 17

Why is attempted murder hard to prove?

Answer 17

The requirement for attempt suggests only an intention to commit is sufficient, cannot be an attempt where an offence is defined solely in terms of recklessness or negligence.

Question 18

Sinister Broadbanks promximity, JUDGE DECIDES

Answer 18

• has offender done anything more than get himself into a position where he could embark on an attempt?
• has offender actually commenced execution? Taken a step in offence itself?

Question 19

S174 counseling or attempting to procure murder

Vs S175 conspiracy to murder differences

Answer 19

DIFF: s175 Whether murder takes place both inside or outside of NZ, 174 only inside NZ
DIFF: s175 APPLIES WHETHER MURDER COMMITTED OR NOT, 174 murder isn’t committed only.

Question 20

S176 Accessory after the fact - 7 yrs

Answer 20

Defined - an accessory after the fact to an offence is one who knowing any person to have been party to the offence, recieves comforts or assists that person or tampers with or actively suppresses evidence against him in order to noble him to escape after arrest or to avoid arrest or conviction.

Question 21

Voluntary vs involuntary manslaughter

Answer 21

Voluntary - mitigating circumstances change what wouldve been murder to manslaughter, despite defendant may have intended to kill, e.g suicide pact

Involuntary- death caused by unlawful Act or gross negligence, no intent

Question 22

Killing in a fight considerations

Answer 22

• self defense? If so, acquitted
• mens rea present? Crucial
• if fact of fight negated that defendant had mens rea under s167, verdict is manslaughter

Question 23

Proving negligence 150a1

Answer 23

A very high degree of negligence or gross negligence

Question 24

Explain 160 (b) omission to perform a legal duty.

Answer 24

nothing is done when there is a legal duty to act, and certain cases of positive conduct accompanied by a failure to discharge a legal duty of care.