Homicide definitions

Question 1

What is the penalty for attempted murder:

Answer 1

What is the penalty for attempted murder:

Everyone who attempts to commit murder is liable to a term of imprisonment not exceeding 14yrs

Question 2

181 Concealing dead body of child

Answer 2

181 Concealing dead body of child

Everyone is liable to a term of imprisonment not exceeding 2yrs

who 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, during or after birth.

Question 3

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

Answer 3

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

Young persons over the age of 14 yrs are usually dealt with under the youth justice provisions of the OT act

although charges of murder or manslaughter will be heard in the high court

following the committal process in the district court.

Question 4

A question of law relating to the condition is a disease of the mind is answered by whom?

Answer 4

A question of law relating to the condition is a disease of the mind is answered by whom?

The judge

Question 5

The accused’s state of mind at the time of the offence is a question decided by whom?

Answer 5

The accused’s state of mind at the time of the offence is a question decided by whom?

The jury

Question 6

What is the burden of proof for insanity?

Answer 6

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.

Question 7

S153 CA 61, what is the relevant age of the person who is employed?

Answer 7

S153 CA 61, what is the relevant age of the person who is employed?

U16 yrs

Question 8

Where a charge of infanticide is laid, who decides on the mother’s state of mind?

Answer 8

Where a charge of infanticide is laid, who decides on the mother’s state of mind?

The Jury

Question 9

Pursuant to S22(3)(a) Criminal disclosure act 08, the notice under SS(1) must include?

Answer 9

Pursuant to S22(3)(a) Criminal disclosure act 08, the notice under SS(1) must include?

Without limiting SS(1) the notice must include the name and address of the witness or,

if the name and address are not known by the defendant when the notice is given,

any matter known to the defendant that might be of material assistance in finding that witness.

Question 10

Before a conviction can be obtained for manslaughter, where one of the sections referred to is S 150A(1) ca 61, what must the prosecution prove?

Answer 10

Before a conviction can be obtained for manslaughter, where one of the sections referred to is S 150A(1) ca 61, what must the prosecution prove?

A very high degree of negligence or gross negligence.

Question 11

Proximity is a question of law decided by whom?

Answer 11

Proximity is a question of law decided by whom?

The Judge

Question 12

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

Answer 12

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

Within 10 working days after the defendant is given notice under S20 of the criminal disclosure act 2008.

Question 13

As a general guideline, most offences within the crimes act will require an intent of some kind. Outline a defence that would therefore generally be available?

Answer 13

As a general guideline, most offences within the crimes act will require an intent of some kind. Outline a defence that would therefore generally be available?

The defence of intoxication will be available to the defence

to establish that the defendant does not have the required intent to carry out the offence.

Question 14

Provide an overview of the culpability of persons involved in suicide pacts?

Answer 14

Provide an overview of the culpability of persons involved in suicide pacts?

Any survivor of a suicide pact is guilty of being a party to a death, if the death of another person within the pact ensues.

Question 15

Outline S25 CA 61, ignorance of the law:

Answer 15

Outline S25 CA 61, ignorance of the law:

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

Question 16

Proximity relating to attempts:

Answer 16

Proximity relating to attempts:

Proximity is a question of law;

it is a question that is decided by the judge

based on the assumption that the facts of the case are proved.

Question 17

Section 150A: Standard of care applicable to persons under legal duties or performing unlawful acts

Answer 17

Section 150A: Standard of care applicable to persons under legal duties or performing unlawful acts

Before a conviction can be obtained for murder or manslaughter

where one of the sections referred to in section 150A(1)

the prosecution must prove a ‘very high degree of negligence or gross negligence.’

The expressions very high degree of negligence and gross negligence are not defined by statute.

Question 18

Children aged 10-13 yrs of age charged with murder or manslaughter:

Answer 18

Children aged 10-13 yrs of age charged with murder or manslaughter:

10-13yr olds charged with murder or manslaughter (a category 4 offence)

are usually dealt with under the youth justice provisions of the OT act.

However charges of murder or manslaughter will be heard in the high court

following the first appearance in the district court in which the charging document was filed.

Question 19

162 Death must be within a year and a day

[Repealed]

Answer 19

162 Death must be within a year and a day
[Repealed]

162 death must be within a year and a day. (applies to culpable homicide, murder, manslaughter and infanticide)

1) No-one is criminally responsible for the killing of another

unless the death takes place within a year and a day after the cause of death.

2) The period of a year and a day shall be reckoned inclusive of the day

on which the last unlawful act contributing to the cause of death took place.

3) Where the cause of death was an omission to fulfil a legal duty,

the period shall be reckoned inclusive of the day on which such an omission took place.

4) Where the death is in part caused by an unlawful act and in part by an omission,

the period shall be reckoned inclusive of the day

on which the unlawful act or omission took place,

whichever happened last.

Question 20

List four statutory legal duties in respect of the CA 61:

Answer 20

List four statutory legal duties in respect of the CA 61:

The expression legal duty refers to those duties imposed by

statute or common law including uncodified common law duties:

Duties imposed by statute are mainly common law duties that have been embodied in statute.

The CA 61 defines duties to;

• Provide the necessaries and protect from injury
• Provide the necessaries and protect from injury your charges when you are a parent or guardian
• Provide the necessaries as an employer
• Avoid omissions that will endanger life

Question 21

List the differences between counselling or attempting to procure murder (s174) and conspiracy to commit murder (s175)

Answer 21

List the differences between counselling or attempting to procure murder (s174) and conspiracy to commit murder (s175)

Counselling or attempting to procure murder requires that the offence is to be committed in NZ,

whereas conspiracy to murder, the murder can take place in NZ or elsewhere.

Counselling or attempting to procure murder applies if the murder is not in fact committed,

whereas conspiracy to murder applies regardless of whether murder is committed or not.

Question 22

Section 159(1)&(2) of the Crimes act defines when a child becomes a human being and therefor able to be murdered under S158. Detail the provisions of S159(1)&(2):

Answer 22

Section 159(1)&(2) of the Crimes act defines when a child becomes a human being and therefor able to be murdered under S158. Detail the provisions of S159(1)&(2):

A child becomes a human being within the meaning of this act

when it is completely proceeded from the body of it’s mother,

whether it has breathed or not,

whether it has independent circulation or not and

whether it the naval string is severed or not.

The killing of such a child is murder

if it dies as a consequence of injuries received

before, during or after birth.

Question 23

Define homicide, section 158 CA 61:

Answer 23

Define homicide, section 158 CA 61:

Homicide is the killing of one human being by another, directly or indirectly, by any means whatsoever.

Question 24

State the ingredients of infanticide (s178 ca 61)

Answer 24

State the ingredients of infanticide (s178 ca 61)

Where a woman causes the death of any child of hers under the age of 10yrs

in a manner that amounts to culpable homicide

and where at the time of the offence

the balance of her mind was disturbed

by reason of her not having fully recovered from the effects of giving birth to that or any other child or

by reason of the effects of lactation

or by reason of any disorder consequent upon childbirth or lactation

to such an extent that she cannot be held fully responsible

she is guilty of infanticide and not of murder or manslaughter

and is liable to a term of imprisonment not exceeding 3yrs.

Question 25

In general no-one is criminally responsible for the killing of another by any influence of the mind. What are the exceptions to this rule?

Answer 25

In general no-one is criminally responsible for the killing of another by any influence of the mind. What are the exceptions to this rule?

• Wilfully frightening a child
• Wilfully frightening a sick person

Question 26

Section 163 – killing by influence of the mind:

Answer 26

Section 163 – killing by influence of the mind:

No-one is criminally responsible for the killing of another by influence of the mind alone,

except by wilfully frightening a child under the age of 16yrs or a sick person,

nor the killing of another by any disorder

or disease arising from such influence,

except by wilfully frightening any such child as aforesaid or sick person.

Question 27

What is meant by the term “justified?” provide two examples;

Answer 27

What is meant by the term “justified?” provide two examples;

Note that some acts are justified even when they result in death.

Section 2 provides that when an act is justified the perpetrator is

exempt from both criminal and civil liability:

Examples of such acts include:

• Homicide in self-defence or defence of another.
• Homicide committed to prevent suicide or

the commission of an offence which would be likely to cause immediate and

serious injury to the person or property of anyone.

Question 28

Why is attempted murder one of the most difficult offences to prove beyond reasonable doubt?

Answer 28

Why is attempted murder one of the most difficult offences to prove beyond reasonable doubt?

R V MURPHY (case law)

When proving an attempt to commit an offence

it must be shown that the accused’s intention was to commit the substantive offence.

For example, in case of attempted murder it is necessary for the Crown to establish an actual intent to kill.

Question 29

What are the ingredients to accessory after the fact?

Answer 29

What are the ingredients to accessory after the fact?

Knowing any person to have been a party to murder,

receives, comforts, assists that person or

tampers with or actively suppresses evidence

against that person in order to enable him to escape after arrest

or to avoid conviction.

Question 30

Define the term “suicide pact” S180(3) CA 61

Answer 30

Define the term “suicide pact” S180(3) CA 61

For the purposes of this section the term suicide pact means;

a common agreement between 2 or more persons

having for its object the death of them all,

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 a settled intention of dying in pursuance of the pact.

Question 31

How do NZ Courts deal with a defence of automatism arising out of taking alcohol or drugs?

Answer 31

How do NZ Courts deal with a defence of automatism arising out of taking alcohol or drugs?

In NZ the Courts are likely to steer a middle course,

allowing a defence of automatism arising out of taking alcohol or drugs, to 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 explained.

Question 32

List the ingredients of (self-defence) S 48 CA 61.

Answer 32

List the ingredients of (self-defence) S 48 CA 61.

Everyone is justified in using,

in defence of himself or another,

such force as,

in the circumstances as he believes them to be,

it is reasonable to use.

Question 33

Provide three guidelines in respect of consent regarding assault:

Answer 33

Provide three guidelines in respect of consent regarding assault:

• Everyone has the right to consent to a surgical operation
• Everyone has the right to consent to the infliction of force not involving bodily harm
• No-one has the right to consent to their death or injury likely to cause death.

Question 34

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 34

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 excessive amounts of alcohol
• Administering an overdose of heroin to the deceased
• Conducting an illegal abortion

Question 35

In relation to S160(2)(d) CA 61, give two practical examples of culpable homicide which have been caused by the victims actions, prompted by fear of violence:

Answer 35

In relation to S160(2)(d) CA 61, give two practical examples of culpable homicide which have been caused by the victims actions, prompted by fear of violence:

• jumps or falls out of a window fearing they are about to be assaulted
• jumps into a river escaping an assault and drowns

Question 36

To establish proof of death, in relation to homicide, you must prove three elements, they are:

Answer 36

To establish proof of death, in relation to homicide, you must prove three elements, they are:

• Death occurred
• Deceased is identified as the person who has been killed
• The killing is culpable

Question 37

What is the definition of a year and a day as outlined in S162(2) CA 61?

Answer 37

What is the definition of a year and a day as outlined in S162(2) CA 61?

The period of a year and a day shall be reckoned inclusive of the day on

which the last unlawful act contributing to the cause of death took place

Question 38

Section 168(1)(a) CA 61 refers to grievous bodily harm, what does this mean, give an example of such an injury:

Answer 38

Section 168(1)(a) CA 61 refers to grievous bodily harm, what does this mean, give an example of such an injury:

In subsection 1 grievous bodily harm means ‘harm that is really serious,’ such as injury to a vital organ.

Question 39

In the test for proximity, Simester and Brookbanks (princeples of Criminal Law 224) suggest the following questions should be asked in determining the point at which an act of mere preparation of committing a crime may become an attempt. What are those two questions?

Answer 39

In the test for proximity, Simester and Brookbanks (princeples of Criminal Law 224) suggest the following questions

should be asked in determining the point at which an act of mere preparation

of committing a crime may become an attempt.

What are those two questions?

• Has the offender done anything more than get himself into position

from which he could embark on an actual attempt?

• Has the offender actually commenced execution; that is to say,

has he taken a step in the actual crime itself?

Question 40

Give an example of when murder might be reduced to manslaughter even though the accused intended to kill or cause grievous bodily harm:

Answer 40

Give an example of when murder might be reduced to manslaughter even though the accused intended to kill or cause grievous bodily harm:

¬Mitigating circumstances such as a suicide pact,

reduce what would otherwise be murder to manslaughter,

even though the accused may intended to kill or cause GBH.

Question 41

What is involuntary manslaughter?

Answer 41

What is 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 GBH.

Question 42

Define alibi:

Answer 42

Define alibi:

An alibi is the plea in a criminal charge

of having been somewhere else at the material time;

the fact of being elsewhere.

Question 43

What must a defendant include in a notice of alibi?

Answer 43

What must a defendant include in a notice of alibi?

The name and address of the witness,

or, if the name and address are 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 44

Define “attempts” under S72(1) CA 61

Answer 44

Define “attempts” under S72(1) CA 61

Everyone who, having 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 45

Outline culpable homicide:

Answer 45

Outline culpable homicide:

1) Homicide may be either culpable or non-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 that causes his/her death.
e) By willfully frightening a child under 16yrs or a sick person
3) except for s.178, culpable homicide is either murder or manslaughter
4) homicide that is not culpable is not an offence.

Question 46

Explain what is meant by S160(2)(b) CA 61, omission to perform legal a duty:

Answer 46

Explain what is meant by S160(2)(b) CA 61, omission to perform legal a duty:

This covers where nothing is done when there is a legal duty to act,

and certain cases of positive conduct accompanied by failure

to discharge legal duty, in particular a duty of care.

Question 47

Define wilfully frightening:

Answer 47

Define wilfully frightening:

Wilfully frightening is regarded as intending to frighten, or at least be reckless as to this. Adams on criminal law.

Question 48

What are the legal duties of a parent under S152 CA 61?

Answer 48

What are the legal duties of a parent under S152 CA 61?

Everyone who is a parent,

or a person in place of a parent,

who has actual care of a child under the age of 18yrs is under a legal duty to;

• Provide that child with the necessaries, and
• Take reasonable steps to protect that child from injury.

Question 49

What are the ingredients of Section 154 CA 61 (abandoning a child)

Answer 49

What are the ingredients of Section 154 CA 61 (abandoning a child)

Everyone is liable to a term of imprisonment not exceeding 7yrs who

unlawfully abandons a child under the age of 6yrs.

Question 50

Outline culpability for children under 10yrs and children 10-13yrs

Answer 50

Outline culpability for children under 10yrs and children 10-13yrs

• Under 10 – a child under 10yrs has an absolute defence to any charge brought against them.

Nevertheless, even though the child cannot be convicted,

you still have to establish whether or not they are guilty.

• 10 – 13yrs – for children aged between 10 and 13 yrs inclusive,

it must be shown that the child knew that what they were doing was wrong or contrary to law,

if this knowledge cannot be shown,

the child cannot be criminally liable for the offence.

Question 51

Define insanity by completing the sentence:

Answer 51

Define insanity by completing the sentence:

No person shall be convicted of an offence by reason of an act or omission

by him when labouring under natural imbecility or

disease of the mind to such an extent as to render him incapable;

• Of understanding the nature and quality of his act or omission, or
• Of knowing that the act or omission was morally wrong,

having regard to the commonly accepted standards of right and wrong.

Question 52

What is a strict liability offence?

Answer 52

What is a strict liability offence?

Any offence that does not require intent is called a strict liability offence and

the only way a defendant can escape liability for such an offence

is to prove a total absence of fault.

EG driving with excess breath alcohol.

Question 53

What three points must be satisfied before a defence of compulsion can be used?

Answer 53

What three points must be satisfied before a defence of compulsion can be used?

A person is protected from criminal responsibility if they have been:

• compelled to commit the offence by someone at the scene who

had threatened them that they would otherwise be killed or

caused grievous bodily harm.

• The accused must genuinely believe the threats
• and must not be party to any association or

conspiracy involved in carrying out the threats.

Question 54

Explain entrapment:

Answer 54

Explain entrapment:

Entrapment occurs when an agent of an enforcement body

deliberately causes a person to commit an offence

so that person can be prosecuted.

Question 55

Give two examples where culpable homicide is murder:

Answer 55

Give two examples where culpable homicide is murder:

Culpable homicide is murder in each of the following cases;

a) If the offender means to cause the death of the person killed
b) If the offender means to cause the person killed

any bodily injury that is known to the offender

to be likely to cause death and

is reckless as to whether death ensues or not.

Question 56

Define legal duty:

Answer 56

Define legal duty:

The expression ‘legal duty’ refers to those duties

imposed by statute or common law including

uncodified common law duties.

Question 57

Outline S163 CA 61: Killing by influence on the mind

Answer 57

Outline S163 CA 61: Killing by influence on the mind

No-one is criminally liable for the killing of another person

by any influence of the mind alone,

except by wilfully frightening a child under the age of 16yrs or a sick person,

nor for the killing of another by any disorder or disease arising from such influence,

except by wilfully frightening any such child or sick person.

Question 58

What is the required state of mind for section 167(b) Murder defined?

Answer 58

What is the required state of mind for section 167(b) Murder defined?

you must establish that the accused;

• Intended to cause bodily injury to the deceased.
• Knew the injury was likely to cause death.
• Was reckless as to whether death ensued or not.

Question 59

You cannot use the defence of consent to assault in the following cases:

Answer 59

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
• Indecency offences
• The placing of someone in a situation where they are at risk of death or bodily harm

Question 60

A hearsay statement is admissible in any proceeding if:

Answer 60

A hearsay statement is admissible in any proceeding if:

a) The circumstances relating to the making of 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 to be a witness.

Question 61

Define automatism:

Answer 61

Define automatism:

Automatism can best be defined as a state of total blackout,

during which a person is not conscious of their actions and not in control of them.

Question 62

What is sane and insane automatism?

Answer 62

What is sane and insane automatism?

Sane automatism – the result of somnambulism (sleepwalking), a blow to the head or the effect of drugs.

Insane automatism – the result of a mental disease.

Question 63

What is the courts view on entrapment?

Answer 63

What is the courts view on entrapment?

In NZ 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.

Question 64

Outline the objective and subjective tests relating to S48 CA 61:

Answer 64

Outline the objective and subjective tests relating to S48 CA 61:

Once the accused has decided that force was required (subjective view of circumstances)

S48 then introduces a test of reasonableness which involves an objective view

as to the degree of and manner of force used.

Question 65

What is the procedure when alibi witnesses are interviewed?

Answer 65

What is the procedure when alibi witnesses are interviewed?

The OC case should not interview the alibi witness

unless the prosecutor requests them to do so.

If an interview is requested, follow this procedure:

• Advise the defence counsel of the proposed interview and

give them a reasonable opportunity to be present

• If the accused is not represented,

endeavour to ensure the witness is interviewed

in the presence of some independent person

not being a member of the Police.

• Make a copy of the witnesses signed statement

taken at any such interview available to the defence counsel through the prosecutor.

Any information that reflects on the credibility

of the alibi witness can be withheld under S16(1)(o).

Question 66

If a defendant intends to call an expert witness during proceedings, what must they disclose to the prosecution?

Answer 66

If a defendant intends to call an expert witness during proceedings,

what must they disclose to the prosecution?

• Any brief of evidence to be given or any report provided by that witness, or
• If that brief of evidence 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 14 days

before the date fixed for the defendants hearing or trial,

or within any further time that the Court may allow.

Question 67

General rules regarding intoxication:

Answer 67

General rules regarding intoxication:

In the past intoxication was considered to be no defence to a criminal charge and,

indeed, an aggravating rather than mitigating factor.

The general rule has been that intoxication may be a defence to the commission of an offence:

• Where the intoxication causes a disease of the mind so as to bring S23 (insanity) CA 61 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).

Question 68

Define alibi

Answer 68

Define alibi

An alibi is a plea in a criminal charge of being elsewhere at the material time;

The fact of being elsewhere,

Chambers 20th Century Dictionary.

Question 69

Section 178 Infanticide

Answer 69

Section 178 Infanticide

Where a woman causes the death of any child of hers under the age of 10yrs

in a manner that amounts to culpable homicide and

where at the time of the offence the balance of her mind was disturbed

by reason of her not having fully recovered from the effects of giving birth to that or any other child or

by reason of the effect of lactation or

by reason of the effect of any disorder consequent upon childbirth or lactation

to such an extent that she should not be held fully responsible

she is guilty of infanticide and not of murder or manslaughter and

is liable to imprisonment to a term not exceeding 3yrs.

Question 70

A hearsay statement is admissible in any proceeding if:

Answer 70

A hearsay statement is admissible in any proceeding if:

S118 general admissibility of hearsay (evidence act 2006)

1) 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 as a witness.

Question 71

Voluntary manslaughter

Answer 71

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 GBH.

Question 72

Manslaughter then includes culpable homicide that;

Answer 72

Manslaughter then includes culpable homicide that;

• Does not come within S167 or 168
• Comes within S167 or 168 but is reduced to manslaughter

because the killing was part of a suicide pact as defined in S180(3) CA 61

Question 73

The key difference between murder and manslaughter depends on the mental element that must be established to support the charge:

Answer 73

The key difference between murder and manslaughter depends on the mental element that must be established to support the charge:

Degree of force under self-defence:

The degree of force permitted is tested initially under the following subjective criteria;

• What are the circumstances that the defendant genuinely believed (whether or not it is a mistaken belief)?
• Do you accept that the defendant genuinely believed those facts?
• Is the force used reasonable in the circumstances?

Question 74

Required state of mind for S167(b) CA 61:

Answer 74

Required state of mind for S167(b) CA 61:

To show the defendants state of mind meets the provisions of section 167(b), you must establish that the defendant;

• Intended to cause bodily injury to the deceased
• Knew that the injury was likely to cause death
• Was reckless as to whether death ensues or not

Question 75

Sections 167 and 168 define the offence of murder:

S167 murder defined:

Answer 75

Sections 167 and 168 define the offence of murder:

S167 murder defined:

Culpable homicide is murder in each of the following cases;

• If the offender means to cause the death of the person killed.
• If the offender means to cause the person killed

any bodily injury that is likely to cause death and

reckless as to whether death ensues or not.

• The offender means to cause death, or, being reckless as aforesaid,

means to cause such bodily injury as aforesaid to one person,

and by accident or mistake kills another person,

though he does not mean to hurt the person killed.

• If the offender for any unlawful object

does an act that he knows to be likely to cause death,

and thereby kills the person,

though he may have desired that his object should be effected without hurting anyone.

Question 76

S168 further definition of murder:

Answer 76

S168 further definition of murder:

1) Culpable homicide is also murder in each of the following cases,

whether the offender means or does not mean death to ensue,

or know or does not know that death is likely to ensue;

a) If he means to cause GBH injury

for the purpose of facilitating the commission of any of the offences

mentioned in subsection (2) of this section, or

facilitating the flight of, or

avoiding the detection of the of the offender upon the commission or attempted commission thereof,

or for the purpose of resisting lawful apprehension in respect of any offence whatsoever,

and death ensues from such injury;

b) If he administers any stupefying or overpowering thing for any of the purposes aforesaid,

and death ensues from the effects thereof;

c) If he, by any means wilfully stops the breath of any person for any of the purpose aforesaid,

and death ensues from such stopping of breath.