Extra Questions Flashcards
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.