Homicide Flashcards
To establish proof of death, in relation to homicide, you must prove three key elements which are:
a. That death has occurred
b. That the deceased is the person identified as the person who has been killed
c. The killing is culpable.
Name TWO examples where culpable homicide is MURDER:
a. The offender meant to cause death to the person killed.
b. The offender meant to cause bodily harm to the person killed, and knew that death was a likely outcome that the person might die from their injuries, or was reckless as to this fact.
c. The offender meant to cause death or was reckless (as mentioned above) means to cause bodily injury to one person, and by accident or mistake kills another person.
d. The offender for any unlawful object, does an act he or she knows that is likely to cause death , and kills ay person, though he may have desired his object should be affected without hurting anyone.
What is the difference between Counselling or Attempting to Procure Murder (s174), and Conspiracy to commit Murder (S175):
Counsels (intentionally instigating the offence by advising the person best how to commit it).
Procure (Setting out to see that something happens and taking the appropriate steps to ensure it does).
The difference is S174 must be committed in New Zealand, and this offence only applies if the murder is not in fact committed where as with Conspiracy to Commit Murder the offence can be committed outside of New Zealand this applies regardless of whether murder has been committed or not
In common law, allegations of culpable homicide have been supported where the offenders have caused death by particular circumstances. Name FOUR of these circumstances:
- Committing Arson
- Giving a child an excessive amount of alcohol
- Supplying Heroin to the deceased (Overdose occurs)
- Throwing a concrete slab or rock over the bridge and onto the highway.
- Conducting an illegal abortion.
In relation to 160(2)(d) what is it? Give two practical examples of culpable homicide?
160(2)(d) is by cause of threats or fear of violence or deception by an offender towards the victim who acts in a way that ultimately causes their death.
- Jumps off a bridge to get away from their attacker as they fear they will be attacked
- Jumps from a moving car to get away
Culpable Homicide that does not amount to Murder:
This would be treated as Manslaughter. The difference between Murder and Manslaughter is ones intent (mens rea) at the time of the act to support the charge.
When might the charge of Murder be reduced to Manslaughter even though there was the intention by the accused to kill or cause GBH.
When there is a Suicide pact involved. There may be the intention to kill or cause GBH but because one party survives.
What is the penalty for Attempted Murder?
Max 14 years imprisonment
Before a conviction can be obtained for Manslaughter, where one of the section referred to is S150A C.A. 1961, what must the prosecution prove?
That there is a very high degree of negligence or gross negligence
Why is Attempted Murder one of the most difficult offences to prove beyond reasonable doubt?
Attempted Murder does not quite mount to the full offence, but it must show that substantial steps were taken to get there but the full offence was not quite committed.
Refer to case law R v Murphy the accused must show an intention to commit the full offence. Therefore the Crown must establish the intent to kill
Explain what is meant by s152(2)(b) C.A. 1961 omission to perform a legal duty?
When there is a legal duty to behave a certain way, to act, and failing to comply with this legal duty (in particular a duty of care) means neglect of this role.
What are the legal duties of a parent/guardian under s152(2)(b) C.A. 1961?
There is a legal duty as a parent/guardian to provide necessaries (such as food, water, clothing, shelter etc) to a child under 18, and to take necessary steps to protect them from injury.
List at least FOUR statutory legal duties in respect of the Crimes Act 1961 (there are SEVEN):
S151 - Provide necessaries and protect from injury (vulnerable persons or sick persons)
S152 - Legal duty to provide necessaries and take necessary steps to protect from injury (parents/legal guardians
S153 - Employer to provide necessaries to employees under 16
S154 - Abandoning a child under 6
S155 - Using reasonable knowledge and skills to perform a dangerous act
S156 - Taking precautions when in charge of dangerous things
S157 - Avoid omissions that will endanger life
You cannot use the defence of consent to Assault in the following cases:
- Aiding suicide
- Criminal actions
- Injury likely to cause death
- Bodily harm likely to cause a breach of the peace
- Indeceny offences.
Outline culpability for Children under 10 years and between 10-13 years old
Under Section 21 of the Crimes Act 1961 no child shall be charged with a criminal offence if they are under 10 years of age.
Under Section 22 of the Crimes Act 1961 no child between 10 and 13 years old should be charged with a criminal offence unless they knew what they were doing was morally incorrect. If this knowledge cant be shown then they are not liable.
What are THREE points that must be satisfied before a defence of COMPULSION can be used?
A person who is protected from criminal responsibility if:
a. They have been compelled to commit an offence by someone who threatened them and they geuinally thought they’d be killed.
- The accused must genuinely believe the threats and must not be a party to any association or conspiracy involved in carrying out the threats.
What is required for ‘State of Mind’ under Section 167 (b) Crimes Act 1961?
To demonstrate that the accused mind meets the criteria (to show their state of mind) you must establish:
- They intended to cause bodily injury to the deceased,
- They knew the injury was likely to cause death
- They were reckless as to whether death ensued or not
Define Homicide:
Homicide is the killing of a human being by another directly, or indirectly by any means whatsoever.
Outline M’Naughtens rules:
These rules are used to establish if the defendant was ‘sane’ at the time of the offending or not. It’s based on a persons ability to think rationally. So if they were infact insane at the time (disease of the mind) they did not know that:
1. The nature and the quality of their actions, and
2. If they understood / had the knowledge that what they were doing was morally wrong
Outline Section 25 Crimes Act 1961
Ignorance to the Law. No one is exempt from thinking the law does not apply to them. This is not an excuse.
Under Section 180 of the Crimes Act 1961 this is a Suicide Pact.
5 Years Imprisonment. Anyone guilty of this is guilty of Manslaughter not murder.
180(3) - A suicide pact is a common agreement between two or more persons where the object is death of all of them. Whether or not they all take their own lives, but nothing done by a person who enters into the 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 pursuant of the pact.
An act where some dies as a result of someone elses actions can be ‘Justified’ meaning the person is not guilty of the offence, and not civilly liable. Examples of an act
Some acts are justified they are as follows:
- Section 48 (Self-defence, defence of another)
- Section 41 (prevent suicide or commission of an offence that is likely to cause immediate or serious injury).
Period ‘a year and a day’ as outlined in S162(2) C.A 1961
The period of a year and a day shall be reckoned inclusive of the day on which the last unlawful act contributing to the death occurred.
Section 168(1)(a) C.A. 1961 refers to ‘Grievous Bodily Harm’
Grevious Bodily injury means harm that is really serious. (i.e. such as a vital organ). To come under s168(1)(c) stopping the victims breath must be done wilfully.
