Extra Questions Flashcards
Outline McNaughtens rules
used to establish whether or not a defendant is insane.
they did not know
- the nature and qualities of their actions or
- that what they were doing was wrong
Define the term ‘suicide pact’
a common agreement
between 2 or more persons
having for its object the death of all of them,
whether or not each is to take his own life;
but nothing done by a person who enters into a suicide pact shall be treated as done by him in pursuance of the pact unless it is done while he has the settled intention of dying in pursuance of the pact.
List ingredients s48
Every one is justified in using,
in the defence of himself or herself or another,
such force as,
in the circumstances as he or she believes them to be
, it is reasonable to use.
Define ‘wilfully frightening’
Intending to frighten, or at least be reckless as to this
What are the ingredients of infanticide
a woman
causes the death of her child
under 10 years
in a manner that amounts to culpable homicide
and at the time of offence her balance of mind was disturbed
by reason of not having fully recovered from birth or
lactation
or any other disorder on childbirth or lactation
she should not be held fully responsible
and is guilty of infanticide
What are the legal duties of a parent or guardian
- To provide that child with necessaries
- To take reasonable steps to protect from injury
What is the penalty for attempted murder?
14 years
Outline section 181 of the Crimes Act 1961 (Concealing a dead body of a child)
disposes of the dead body of any child
in any manner
with intent to conceal the fact of its birth, whether the child died before, or during, or after birth
2 years imprisonment
In which Court does a youth facing a charge of murder or manslaughter appear?
Young persons over 14 years of age are usually dealt with under the youth justice provisions of the CYPF Act although charges of murder and manslaughter will be heard in the High Court following the committal process in the Youth Court.
What is the burden of proof for insanity?
The accused is not required to prove the defence of insanity beyond reasonable doubt, but to the satisfaction of the jury on the balance of probabilities.
Section 153 of the Crimes Act 1961, what is the relevant age of the person who is employed?
Under 16
Where a charge of infanticide is laid, who decides on the Mothers state of mind?
The jury
What must the defendant include in a notice of alibi?
must include the name and address of the witness or,
if the name and address is not known to the defendant when the notice is given, any matter known by the defendant that might be of material assistance in finding that witness
Before a conviction can be obtained for manslaughter, where one of the sections referred to is section 150A (1) of the Crimes Act 1961 (legal duties) , what must the prosecution prove?
A very high degree of negligence or gross negligence
Written notice of an alibi is to be given by the defendant:
Within 10 working days after the defendant is given notice under section 20 of the Criminal Disclosure Act 2008.
As a general guideline, most offences within the Crimes Act 1961, will require an intent (Mens rea) of some kind. Outline a defence that would therefore be generally available:
The defence of intoxication will be available to the defence to establish that the defendant did not have the required intent to carry out the offence
Outline section 25 of the Crimes Act 1961, ignorance of the law:
The fact that an offender is ignorant of the law is not an excuse for any offence committed by him.
List four statutory legal duties in respect of the Crimes Act 1961
- Provide the necessaries and protect from injury (s151)
- Provide necessaries and protect from injury to your charges when you are a parent or guardian (s152)
- Provide necessaries as an employer (s153)
- Use reasonable knowledge and skill when performing dangerous acts, such as surgery (s155)
- Take precautions when in charge of dangerous things, such as machinery (s156)
- Avoid omissions that will endanger life (s157).
List the difference between counselling or attempting to procure murder (s174) and conspiracy to Murder (s175)
Counselling or attempting to procure murder requires that the offence is to be committed in New Zealand, whereas with conspiracy to murder, the murder can take place in New Zealand or elsewhere.
Counselling or attempting to procure murder only applies if the murder is not in fact committed, whereas conspiracy to murder applies regardless of whether murder is committed or not.
How do New Zealand Courts deal with a defence of Automatism arising out of taking alcohol and / or drugs?
In New Zealand, the courts are likely to steer a middle course, allowing a defence of automatism arising out of taking alcohol and drugs, to offences of basic intent only. They are likely to disallow the defence where the state of mind is obviously self-induced, the person is blameworthy, and the consequences could have been expected.
In common law, allegations of culpable homicide have been supported where the offenders have caused death by particular circumstances. Name any four of these circumstances.
- Committing arson
- Giving a child an excessive amount of alcohol to drink
- Placing hot cinders and straw on a drunk person to frighten them
- Supplying heroin to the deceased
- Throwing a large piece of concrete from a motorway over bridge into the path of an approaching car
- Conducting an illegal abortion.
In relation to Section 160(2)(d) of the Crimes Act 1961,give two practical examples of culpable homicide which has been caused by the victims actions, prompted by threats on fear of violence
- Jumps or falls out of a window because they think they are going to be assaulted
- Jumps into a river to escape an attack and drowns
- Who has been assaulted and believes their life is in danger, jumps from a train and is killed.
Define “Attempts” under section 72(1) of the Crimes Act 1961
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 attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
Explain entrapment?
Entrapment occurs when an agent of an enforcement body deliberately causes a person to commit an offence, so that person can be prosecuted.
What is the Courts view of entrapment?
In New Zealand the courts have rejected entrapment as a defence per se, preferring instead to rely on the discretion of the trial judge to exclude evidence that would operate unfairly against the accused
RELY ON DISCRETION OF JUDGE
If the defendant intends to call an expert witness during proceedings, they must disclose to the prosecutor:
- any brief of evidence to be given or any report provided by that witness, or
- if that brief or any such report is not available, a summary of the evidence to be given and the conclusions of any report to be provided.
- This information must be disclosed at least 10 working days before the date fixed for the defendants trial, or within any further time that the court may allow (s23(1)).
