Crimes - Murder

Question 1

Definition of homicide

Answer 1

S 158 the killing of a human being by another, directly or indirectly, by any means whatsoever. 
3 important elements: 
1) causing of death
2) of a person
3) by another person

Question 2

Culpable Homicide

Answer 2

S 160 Homicide is culpable in 5 situations:
unlawful act
Omission
Both combined
Causing death of a person by threats or fear of violence of deception to do an act which causes their death.
Willfully frightening a child under 16 or a sick person.
(4) Homicide that is not culpable is not an offence

Question 3

S160(2)(a)

Answer 3

Unlawful Act

Question 4

Mens Rea of Murder

Answer 4

An intention to kill or cause grievous bodily harm to a person.

Question 5

Intentional Killing S167(a)

Answer 5

S 167
(a) if the offender means to cause the death of the person killed.

R v Aramakutu [1991] 3 NZLR 429.

“mean” appears to require a killing be a purpose and object, would probably suffice if offender knows it to be an inseparable consequence of his/her object.

The person who has died must be the person the offender intended to kill.

Question 6

R v Cho

Answer 6

need to read case.

Question 7

S 167(b)

Unlike (a) no direct intention to kill someone, not the main one at the very least.

Answer 7

Courts interpret this strictly. Must have conscious appreciation injury likely to cause death at time of causing injury.

(b) To cause bodily injury to a person that is known to be likely to cause death, and is reckless whether death ensues or not.

Must be an actual appreciation of a real and substantial risk of death and a continuation regardless.
- R v Fryer

Question 8

S167(c)

Answer 8

Intends to cause death, or being reckless intends to cause bodily injury and by accident or mistake kills another.
Transferred malice: when D aims at one person but unintentionally shoots another; or kills another based on mistaken ID.

Question 9

Timoti v R (2005) 21 CRNZ 804, 812

Answer 9

As long as the action was intentional and offender had the mens for killing a person, the mens rea is then transferred to the person killed.

Question 10

S167(d) Could be exam question.

Answer 10

For any unlawful object, it does an act s/he knows to be likely to cause death.
Accused does not need intention to kill or even injure.

Question 11

Shadrock case had two questions on appeal, what were they?

Answer 11

Whether the unlawful object must be a criminal offence and if so, whether the act causing death has to occur during the commission of the offence, or is proximity sufficient?

Question 12

Unlawful object and aftermath…

Answer 12

If fatal act occurs after offence has concluded, it might not be murder under s 167(d).

Question 13

What is the difference between s 167(b) and (d)?

Answer 13

(b) the offender MEANS to cause BODILY INJURY to the deceased, and that injury caused death.
(d) offender has some OTHER UNLAWFUL OBJECT than the bodily injury that causes death.

Question 14

What is the mens rea test in the context of s 167?

Answer 14

It is SUBJECTIVE. What would a reasonable person do in consideration of the circumstances, will be relevant in determining if the offender acted with mens rea.

Question 15

S 168

Answer 15

Applies if offender intends to cause grievous bodily harm (GBH) in certain circumstances.

Question 16

What is the distinction between ss 167 and 168?

Answer 16

Offender only needs to intend to cause GBH, not to kill or even know death is likely to occur.

Question 17

S 168(1)(a) Means to cause GBH

Answer 17

Escape from lawful custody/prison
Sexual violation 
Murder 
Abduction - kidnapping 
Burglary - robbery - arson

Question 18

S 168(2)

Answer 18

Treason - espionage - sabotage - Piracy - Piratical Acts.

Question 19

S 168(1)(b)

Answer 19

Administers any stupefying thing to achieve purposes aforementioned.

Question 20

S 168(1)(c)

Answer 20

Stop someone from breathing.

Question 21

AR + MR = Crime

Answer 21

For murder, AR is in s 158 and s 160(1)

MR must be one of the states of mind set out in s 167 and 168.

Question 22

S 160(2)(a)

Answer 22

Unlawful Act

Question 23

S 160(2)(a)

Answer 23

Unlawful Act
Strictly unlawful (without lawful justification or excuse)
Civil liability is insufficient
Accused must have acted with whatever mens rea is required for the offence.
In NZ, act may be unlawful if it is an offence of any kind. Even strict or absolute liability. - Myatt

Question 24

What view do the Courts take regarding S 2?

Answer 24

Too broad. They look at it as strictly unlawful in the criminal sense, a criminal act.
Doesn’t have to be just in the Crimes Act though. Can be found found in the Transportation Act and etc..

Question 25

What must an unlawful act also be?

Answer 25

It must be dangerous. An act that is likely to do harm to the deceased or a group of which the deceased was one. - R v Grant [1966] NZLR 968.
Surrounding circumstances must be considered - R v Fleeting.
The test is an objective one.

Question 26

S 160(2)(b)

Answer 26

Unlawful Omission
Nothing is done where there is a legal duty to act, and positive conduct accompanied by failure to discharge a legal duty. Ex: duty of care.

Question 27

S 160(2)(b)

Answer 27

Unlawful Omission
Nothing is done where there is a legal duty to act, and positive conduct accompanied by failure to discharge a legal duty. Ex: duty of care.
May include common law duties - R v Mwai [1995] 3 NZLR 149.

Question 28

What sections impose duties?

Answer 28

ss 15- 153 and 155-157

breach can lead to manslaughter if death results. Could be charged with murder, but less likely.

Question 29

What are those duties?

Answer 29

ss 151- 153 duty to provide “necessaries”. Culpable homicide if death results from breach.

Question 30

S 151

Answer 30

Duty on everyone who has “actual care or charge” of a “vulnerable adult” to provide necessaries and take reasonable steps to protect from injury.

Question 31

s 152

Answer 31

Duty on parents or those in place of parents who have actual care or charge of a child under the age of 18 years.

Question 32

S 156

Answer 32

Question of fact whether the accused has charge or control of dangerous thing.
Can cover:
dangerous when in operation (vehicle, speedboat and etc)
things inherently dangerous in their static condition (firearms, explosives - Hilder v police)
Things operated to produce something which may be dangerous.
Things dangerous to some because of surrounding circumstances.

Question 33

What has to be there?

Answer 33

Legal duty. Not moral. when asked in an exam, you need to find the legal duty.

Question 34

What is required in relation to the codified duties?

Answer 34

Gross negligence

Question 35

S 160(2)(d)

Answer 35

Liability where the immediate cause of death is the victim acting in response to conduct from the accused.
Must be established the accused caused the victim to act and the actions were reasonably foreseeable by accused.

Question 36

S 163

Answer 36

No liability for influence of the mind alone.

Question 37

S 164

Answer 37

Acceleration of Death
If person is already suffering from a disease or disorder from other cause.
Take victim as you find them.

Question 38

S 165

Answer 38

Preventable Death
Causes death -
If an act or omission causes death, eve if some intervention could have prevented death.

Question 39

S 166

Answer 39

Death resulting from Treatment. Originating injuries are still operating cause even if immediate cause is treatment.

This section is used when dealing with situations where treatment is in between the dangerous injury and the death. Treatment must have been done in good faith.

Question 40

What is Novus Actus?

Answer 40

Chain of causation that may be broken by intervening cause.

Question 41

S 160(2)(d)

Answer 41

Induce someone to commit suicide

Question 42

S 160(2)(d)
S 179
S 180

Answer 42

Induce someone to commit suicide
179- Aiding and abetting suicide
180 - Suicide Pacts - manslaughter if you can prove you were in a pact with the intention to kill the person and then yourself and the deceased was in agreement to that. Ss 4 and 5 need to prove the genuine intention.

Question 43

S 178

S 182

Answer 43

Infanticide
Child killed under 10
Mind disturbed from birth recovery, effect of lactation
3 years or special verdict. Insanity caused by childbirth.
Killing an unborn child.