Helpful Hints

Question 1

Outline section 23(1) of CDA

Answer 1

I’d defendant intends to call an expert witness during proceedings, must disclose to prosecutors:
- any report
-if report unavailable a summary of the evidence
- must be disclosed 10 working days before trial date

Question 2

What’s the difference between s174 and s175 CA?

Answer 2

s174 attempting to procure murder
s175 conspiracy to murder

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 3

R v Mane

Answer 3

For a person to be an accessory the offence must be complete at the time of the criminal involvement. One cannot be convicted of being an accessory after the fact of murder when the actus reus of the alleged criminal conduct was wholly completed before the offence of homicide was completed.

Question 4

Voluntary versus involuntary manslaughter

Answer 4

64. Voluntary Manslaughter
    Mitigating circumstances, such as a suicide pact, reduce what would otherwise be murder to manslaughter, even though the defendant may have intended to kill or cause grievous bodily harm.
65. Involuntary Manslaughter
    Covers those types of unlawful killing in which the death is caused by an unlawful act or gross negligence. In such cases there has been no intention to kill or to cause grievous bodily harm.

Question 5

R v Codere

Answer 5

Nature and quality of act means physical quality of the act

Phrase does not involve consideration into accused moral perception.

Question 6

Define 160(1) and (2)

Answer 6

Culpable homicide
(1)
Homicide may be either culpable or not culpable.
(2)
Homicide is culpable when it consists in the killing of any person—
(a)
by an unlawful act; or
(b)
by an omission without lawful excuse to perform or observe any legal duty; or
(c)
by both combined; or
(d)
by causing that person by threats or fear of violence, or by deception, to do an act which causes his or her death; or
(e)
by wilfully frightening a child under the age of 16 years or a sick person.
(3)
Except as provided in section 178, culpable homicide is either murder or manslaughter.
(4)
Homicide that is not culpable is not an offence.

Question 7

Define section 48

Answer 7

Everyone 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 8

Hearsay statements

Answer 8

51. A hearsay statement is admissible in any proceeding if:
    (a) The circumstances relating to the statement provide reasonable assurance that the statement is reliable; and
    (b) Either—
    (i) The maker of the statement is unavailable as a witness; or
    (ii) The Judge considers that undue expense or delay would be caused if the maker of the statement were required to be a witness

Question 9

Courts view on automatism for investing drugs or alcohol

Answer 9

When brought up by a voluntary intake court may be reluctant to accept that actions were involuntary if that the offender lacked intention

Convincing evident requires to prove it

Blackouts have been called “one of the first refuges of a guilty conscience and a popular excuse”