Extra Questions

Question 1

Outline McNaughtens rules

Answer 1

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

Question 2

Define the term ‘suicide pact’

Answer 2

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.

Question 3

List ingredients s48

Answer 3

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.

Question 4

Define ‘wilfully frightening’

Answer 4

Intending to frighten, or at least be reckless as to this

Question 5

What are the ingredients of infanticide

Answer 5

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

Question 6

What are the legal duties of a parent or guardian

Answer 6

• To provide that child with necessaries

- To take reasonable steps to protect from injury

Question 7

What is the penalty for attempted murder?

Answer 7

14 years

Question 8

Outline section 181 of the Crimes Act 1961 (Concealing a dead body of a child)

Answer 8

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

Question 9

In which Court does a youth facing a charge of murder or manslaughter appear?

Answer 9

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.

Question 10

What is the burden of proof for insanity?

Answer 10

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.

Question 11

Section 153 of the Crimes Act 1961, what is the relevant age of the person who is employed?

Answer 11

Under 16

Question 12

Where a charge of infanticide is laid, who decides on the Mothers state of mind?

Answer 12

The jury

Question 13

What must the defendant include in a notice of alibi?

Answer 13

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

Question 14

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?

Answer 14

A very high degree of negligence or gross negligence

Question 15

Written notice of an alibi is to be given by the defendant:

Answer 15

Within 10 working days after the defendant is given notice under section 20 of the Criminal Disclosure Act 2008.

Question 16

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:

Answer 16

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

Question 17

Outline section 25 of the Crimes Act 1961, ignorance of the law:

Answer 17

The fact that an offender is ignorant of the law is not an excuse for any offence committed by him.

Question 18

List four statutory legal duties in respect of the Crimes Act 1961

Answer 18

• 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).

Question 19

List the difference between counselling or attempting to procure murder (s174) and conspiracy to Murder (s175)

Answer 19

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.

Question 20

How do New Zealand Courts deal with a defence of Automatism arising out of taking alcohol and / or drugs?

Answer 20

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.

Question 21

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.

Answer 21

• 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.

Question 22

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

Answer 22

1. Jumps or falls out of a window because they think they are going to be assaulted
2. Jumps into a river to escape an attack and drowns
3. Who has been assaulted and believes their life is in danger, jumps from a train and is killed.

Question 23

Define “Attempts” under section 72(1) of the Crimes Act 1961

Answer 23

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.

Question 24

Explain entrapment?

Answer 24

Entrapment occurs when an agent of an enforcement body deliberately causes a person to commit an offence, so that person can be prosecuted.

Question 25

What is the Courts view of entrapment?

Answer 25

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

Question 26

If the defendant intends to call an expert witness during proceedings, they must disclose to the prosecutor:

Answer 26

• 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)).