Homicide Defences - Progress Tests Flashcards
(37 cards)
What is outlined in s21 CA61?
Children under 10
No person shall be convicted of an offence by reason of any act done or omitted by him when under the age of 10 years.
Absolute defence.
What is outlined in s22 CA61?
Children between 10 and 14
No person shall be convicted of an offence by reason of any act done or omitted by him when of the age of 10 but under the age of 14 years, unless he knew either that the act or omission was wrong or that it was contrary to law.
Knew their act was wrong.
What is outlined in s5 of the Age of Majority Act 1970?
Attainment of particular age
For all the purposes of the law of New Zealand the time at which a person attains a particular age expressed in years shall be the commencement of the relevant anniversary of the date of his birth.
Who are child offenders referred to?
The Care and Protection Co-ordinator (until they reach the age of 14 years).
What happens when a child under 10 years commits an offence?
Consider having the child and family dealt with as a Care and Protection matter. Circumstances are reported to OT for the attention of the Care and Protection Co-ordinator.
What happens when a child aged 10 to 13 years commits an offence?
Charges are filed in the District Court, the first appearance takes place before the Youth Court and then case then automatically transfers to the High Court for trial and sentencing.
Children aged 10 to 13 can be sentenced to imprisonment and be detained in a CYF Youth Justice Residence under the custody of the Chief Executive of the MSD.
What happens when a child aged 14-16 years commits an offence?
Charges are filed in the District Court, the first appearance takes place before the Youth Court and then case then automatically transfers to the High Court for trial and sentencing.
Young persons can be sentenced to imprisonment for murder, manslaughter, cat 4 offences and cat 3 offences for which the max penalty is life or 14 years.
They can also be detained in a CYF Youth Justice Residence under the custody of the Chief Executive of the MSD.
What is the exception to the general age-related sentences?
Children aged 12-13 can be prosecuted for certain serious offences (14 years to life imprisonment offences, other than murder or manslaughter), or where the 12-13yo is a previous offender for a serious offence and the offence is punishable by 10 to 14 years imprisonment.
From whom should you seek advice in relation to questioning of children and young persons?
District Youth Prosecutor to ensure compliance with the OT Act.
What is outlined in s23 CA61?
Insanity
(1) Every one shall be presumed to be sane at the time of doing or omitting any act until the contrary is proved
(2) No person shall be convicted of an offence by reason of an act done or omitted by him when labouring under natural imbecility or disease of the mind to such an extent as to render him incapable –
(a) Of understanding the nature and quality of the act or omission; or
(b) Of knowing that the act or omission was morally wrong, having regard to the commonly accepted standards of right and wrong
(3) Insanity before or after the time when he did or omitted the act, and insane delusions, though only partial, may be evidence that the offender was, at the time when he did or omitted the act, in such a condition of mind as to render him irresponsible for the act or omission
What is the M’Naghten’s Test?
M’Naghten’s test is based on the rationality of the defendant and depends on whether the person was:
- Suffering from a disease of the mind that they did not know
- Aware of the nature and quality of their actions
- Aware that their actions were wrong
What is the difference between ‘brain’ and ‘mind’?
Disease of the mind does not have to include physical damage to the brain, the law is concerned with the ‘mind’ – the mental faculties of reason, memory, and understanding; and the disorder may be permanent or temporary, of short or long duration, curable or incurable.
What are the consequences of being found unfit to stand trial or acquitted on account of his or her insanity?
The court must decide whether to detain, release or apply alternative orders to the person (public interest).
May be detained as a special patient or special care recipient under s24 and s25 of the Criminal Procedure (Mentally Impaired Persons) Act 2003.
What is the culpability regarding automatism?
Actions performed in a state of automatism are involuntary and the common law rule is that there is no criminal liability for such conduct.
What are examples of automatism?
- Concussion (Bratty)
- Sleepwalking (Bratty)
- Brain tumour
- Epilepsy
- Arteriosclerosis
- Consumption of alcohol or drugs
What are the two types of automatism?
- Sane automatism: the result of sleepwalking, a blow to the head or the effect of drugs
- Insane automatism: the result of a mental disease
Both forms of automatism involve action without conscious volition.
Regarding automatism, what are some examples of differing requirements of intent?
- No intent required: Driving with an excess breath alcohol content. Defence must prove a total absence of fault – the person drove without conscious appreciation of the fact of driving, or of the fact of intoxication.
- Intent required: Any offence that has intent as an element of the offence. Assault.
In what situations might intoxication be used as a defence to the commission of an offence?
- Where the intoxication causes a disease of the mind so as to bring s23 (insanity) into effect
- If intent is required as an essential element of the offence and the drunkenness is such that the defence can plead a lack of intent to commit the offence
- Where the intoxication causes a state of automatism (complete acquittal)
What is a strict liability offence?
Any offence that does not require an intent.
What is outlined in s25 CA61?
Ignorance of law
The fact that an offender is ignorant of the law is not an excuse for any offence committed by him.
What is the likely result of a trial where the defendant is found to have been in a state of automatism from intoxication?
The result of a trial where the defendant is found to have been in a state of automatism from intoxication is complete acquittal.
When does a person act under compulsion?
If they commit an offence having been compelled to do so by threats of immediate death or grievous bodily harm to themselves or another person present when the offence is committed.
These threats must be operating on their mind at the time of the act and be so grave that they might well have caused a reasonable person placed in the same situation to act in the same way.
In relation to compulsion, what does ‘immediate’ mean?
Means at the scene from a person present at the time.
What is outlined in s24 CA61?
Compulsion
A person who commits an offence under compulsion by threats of immediate death or grievous bodily harm from a person who is present when the offence is committed is protected from criminal responsibility if he believes that the threats will be carried out and if he is not a party to any association or conspiracy whereby he is subject to compulsion.
