Homicide Law Flashcards
1
Q
Homicide defined
A
The killing of one human being by another, directly or indirectly, by any means whatsoever
2
Q
Before a homicide can become subject of a criminal charge what must be proved?
A
The killing was blameworthy and culpable
3
Q
Types of culpable homicide
A
Murder, manslaughter and infanticide
4
Q
Critical factors to consider for a charge of murder
A
Whether the offender intended to
•kill the person or
•cause bodily injury that the offender knew was likely to cause death
5
Q
Section 159 killing of a child (when a child becomes a human being)
A
A child becomes a human being within the meaning of the act when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, whether it has an independent circulation or not.
6
Q
Murray Wright LTD
A
Because the killing must be done by a human being, an organisation cannot be convicted as a principal offender
7
Q
R v Myatt
A
Before a breach of any Act, regulation or by law would be an unlawful act it must be an act likely to do harm to the deceased or to some class of persons of whom he was
8
Q
The killing of such child is homicide if….
A
It does in consequence if injuries received before, during or after birth
9
Q
Culpable homicide s160(2)
What constitutes culpable homicide
A
When it consists in the killing of any person-
a)by an unlawful act
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 death or
e) by wilfully frightening a child under the age of 16 or a sick person
10
Q
S160(2)(a) by unlawful act
A
A breach of any act, regulation, rule or by law
11
Q
Omission to perform legal duty
A
Any death caused by an omission, without lawful excuse, to perform or observe any legal duty.
12
Q
Duties imposed by statue
A
•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 or dangerous things, such as machinery (s156)
•avoid omissions that will engages life (s157)
13
Q
Omission of legal duties can amount to homicide if….
A
The death would not have occurred as and when it did had the defendant performed the duty in question and it must have been “a substantial and operative cause of death”
14
Q
Example of s170(2)(c) both
A
Drive a car so recklessly you kill a pedestrian is both an unlawful act and
15
Q
A
16
Q
What is the definition of HOMICIDE?
A
Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever.
Homicide must be culpable to be an offence.
17
Q
What must be proved for a homicide to become the subject of a criminal charge?
A
The killing must be proved to be blameworthy or culpable.
18
Q
What are the critical factors to consider for a charge of murder?
A
- Whether the offender intended to kill the person
- Whether the offender intended to cause bodily injury that was likely to cause death.
19
Q
What is the definition of Culpable Homicide?
A
Culpable homicide means the killing is blameworthy. It includes murder, manslaughter, or infanticide.
20
Q
What does Section 160(2) define as culpable homicide?
A
Homicide is culpable when it consists in the killing of any person by:
* An unlawful act
* An omission without lawful excuse to perform or observe any legal duty
* Both combined
* Causing that person by threats or fear of violence, or by deception, to do an act which causes his death
* Wilfully frightening a child under the age of 16 years or a sick person.
21
Q
What is an Unlawful Act?
A
An unlawful act means a breach of any Act, regulation, rule, or bylaw that is likely to do harm or is inherently dangerous.
22
Q
What must be proven for an act to be considered unlawful under Section 160?
A
There must be proof of all elements of the offence, including mens rea, and it must be done without lawful justification or excuse.
23
Q
What are examples of actions that can lead to culpable homicide?
A
- Committing arson
- Giving a child excessive alcohol
- Placing hot cinders on a drunk person
- Supplying heroin resulting in overdose.
24
Q
What does the expression ‘legal duty’ refer to?
A
Legal duty refers to duties imposed by statute or common law including duties to provide necessaries and protect from injury.
25
What does Section 162 state about death in relation to culpable homicide?
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.
26
What is the definition of Murder according to Sections 167 and 168?
Culpable homicide is murder if:
* The offender means to cause death
* The offender means to cause bodily injury likely to cause death
* The offender acts recklessly causing death
* The offender acts unlawfully knowing it is likely to cause death.
27
What is required to establish intent in a criminal law context?
There must be an intention to commit the act and an intention to achieve a specific result.
28
What does acting 'recklessly' mean?
It involves consciously and deliberately taking an unjustifiable risk.
29
What must be shown to charge someone with murder under s167?
* The defendant intended to cause death
* Knew death was likely to ensue
* Was reckless as to whether death ensued.
30
What is the significance of R v Harney in understanding recklessness?
Recklessness means the conscious and deliberate taking of an unjustified risk.
31
What does Section 66(2) state regarding criminal responsibility in murder committed in execution of a common purpose?
If two or more persons form a common intention to prosecute any unlawful purpose, each is a party to any offence committed in carrying out that purpose.
32
Fill in the blank: Culpable homicide includes any death caused by an omission, without lawful excuse, to perform or observe any legal duty as defined by _______.
s160(2)(b)
33
True or False: An organization can be convicted as a principal offender for murder.
False
34
What must be proven to establish the death of a victim?
* Death occurred
* Deceased identified
* Killing is culpable.
35
What must be shown to establish murder committed in the execution of a common purpose?
It must be shown that the knowledge of the act causing death accompanied the act.
36
What does section 66(2) state about parties to offences?
Each person is a party to every offence committed by any one of them in the prosecution of a common purpose if the commission of that offence was known to be a probable consequence.
37
Is it necessary for the secondary party to know that death was a probable consequence of their actions?
No, it is sufficient that they knew it was a probable consequence that the principal might do an act leading to death.
38
What is the punishment for murder according to section 172?
Everyone who commits murder is liable to imprisonment for life.
39
What is the presumption in favour of life imprisonment for murder as per section 102?
An offender convicted of murder must be sentenced to imprisonment for life unless it would be manifestly unjust.
40
What constitutes an attempt to commit an offence under section 72(1)?
An act done or omitted with intent to commit an offence.
41
What must be established to prove an attempt to commit murder?
It must be shown that the accused had an actual intent to kill.
42
What is the 'all but' rule in relation to attempts?
The defendant must have started to commit the full offence and gone beyond mere preparation.
43
What are the four points to prove an unlawful act for manslaughter based on Newbury and Jones?
* The defendant must intentionally do an act
* The act must be unlawful
* The act must be dangerous
* The act must cause death
44
What is the punishment for attempted murder?
Everyone who attempts to commit murder is liable to imprisonment for a term not exceeding 14 years.
45
What is the liability for counselling or attempting to procure murder?
Liable to imprisonment for a term not exceeding 10 years.
46
What distinguishes manslaughter from murder?
The mental element required to support the charge.
47
What are the two types of manslaughter recognized in common law?
* Voluntary manslaughter
* Involuntary manslaughter
48
What is required to establish voluntary manslaughter?
Mitigating circumstances that reduce murder to manslaughter.
49
What does involuntary manslaughter cover?
Unlawful killing caused by an unlawful act or gross negligence without intent to kill.
50
What is the definition of infanticide under section 178?
When a woman causes the death of her child under 10 years while her mind is disturbed due to childbirth effects.
51
What legal duty does a parent have concerning their child under section 152?
To provide necessaries and protect from injury.
52
What is the definition of a vulnerable adult?
A person unable to withdraw from the care of another due to reasons like age, sickness, or mental impairment.
53
What is the 'major departure' test in relation to negligence?
Requires a high degree of negligence corresponding to gross negligence standard.
54
What is the punishment for manslaughter as per section 177?
Everyone who commits manslaughter is liable to imprisonment for life.
55
What must be established for a killing to be considered infanticide?
The killing must amount to culpable homicide and the mother's mind must be disturbed.
56
What does section 156 impose a duty on persons in charge of dangerous things?
To take reasonable precautions and care to avoid danger to human life.
57
True or False: A person can be criminally responsible for killing another by influence on the mind alone.
False
58
What does section 164 state about causing death?
Everyone who causes death by act or omission kills that person, even if the injury merely hastens death.
59
What is the duty imposed by section 155 on persons doing dangerous acts?
To have and use reasonable knowledge, skill, and care in performing dangerous acts.
60
What is the legal consequence of causing the death of another person?
Everyone who by any act or omission causes the death of another person kills that person.
61
What does Section 165 state about preventable death?
It imposes liability if an injury inflicted is an operative cause of death, even if it could have been prevented.
62
According to Section 166, when is a person liable for death caused by treatment?
When they cause a dangerous bodily injury from which death results, even if treatment was the immediate cause.
63
What does the case R v Blaue illustrate about liability?
Those who use violence must take their victims as they find them; liability depends on mens rea, not the victim’s actions.
64
What is the significance of the term 'Novus actus interveniens'?
It refers to a new intervening act that breaks the chain of causation.
65
What happens in a case of aiding and abetting suicide according to Section 179?
Everyone who incites, counsels, or procures suicide is liable to imprisonment for a term not exceeding 14 years.
66
What is the legal definition of a 'suicide pact' under Section 180?
It is an agreement in which participants may be guilty of manslaughter if one or more kills themselves.
67
What constitutes the offence of concealing a dead body of a child under Section 181?
Disposing of a dead body of any child with intent to conceal the fact of its birth.
68
What are the conditions for the admissibility of hearsay statements according to the Evidence Act 2006?
Statements must be reliable and the maker must be unavailable as a witness or requiring undue expense or delay.
69
What does 'justified' mean in legal terms?
A person is not guilty of an offence and is not liable civilly.
70
What age group does Section 21 protect from conviction?
Children under 10 years.
71
What is required to convict children aged 10-14 under Section 22?
It must be shown that the child knew their act was wrong or contrary to law.
72
What is the prosecution required to prove regarding a child's age?
Evidence of age such as a birth certificate must be produced.
73
What does Section 23 state about the presumption of sanity?
Everyone is presumed to be sane until the contrary is proved.
74
What is the M’Naghten’s test used for?
To establish whether a defendant is insane based on their ability to understand their actions.
75
What is the legal definition of 'disease of the mind'?
It refers to a condition affecting mental faculties, regardless of physical damage.
76
What does R v Codere clarify about the nature and quality of an act?
It refers to the physical character of the act, not its moral implications.
77
What must a defendant demonstrate to prove they were morally wrong under the insanity defence?
They must show they lacked rational understanding of the moral wrongness of their act.
78
What is the burden of proof regarding insanity?
It is up to the defence to prove that the defendant is insane.
79
What does Section 20 of the CP(MIP) Act allow regarding trials?
It allows for a quicker conclusion of cases and the option for a 'not guilty on account of insanity' verdict by consent.
80
What is the test for determining moral understanding in a defendant?
The defendant must know that their acts were morally wrong, irrespective of legal understanding.
## Footnote
If someone cannot understand that their act is morally wrong, they lack rational understanding.
81
Under which act may a person found unfit to stand trial be detained?
Criminal Procedure (Mentally Impaired Persons) Act 2003, sections 24 and 25.
## Footnote
This act allows for detention as a special patient or special care recipient.
82
Who has the authority to decide on the detention or release of a person found unfit to stand trial?
The court determines detention, release, or alternative orders based on circumstances and health assessor evidence.
## Footnote
The court may decide that detention is not necessary and order immediate release.
83
What may override other factors in the case of a serious homicide?
Public interest may override other factors.
## Footnote
Under section 31 of the CP(MIP) Act, the Attorney-General may direct that the defendant be held.
84
How is automatism defined?
A state of total blackout where a person is not conscious of or in control of their actions.
## Footnote
This includes actions without conscious volition or memory of the act.
85
What is the common law rule regarding actions performed in a state of automatism?
There is no criminal liability for actions performed in a state of automatism.
## Footnote
Such actions are considered involuntary.
86
What can cause automatism?
Automatism can be caused by:
* Medical conditions (e.g., concussion, epilepsy)
* Consumption of alcohol or drugs
## Footnote
Conditions like brain tumors or arteriosclerosis can also lead to automatism.
87
What are the two types of automatism?
Sane automatism and insane automatism.
## Footnote
Sane automatism results from factors like sleepwalking, while insane automatism results from a mental disease.
88
What is the legal test for insanity as per section 23 of the Crimes Act 1961?
The presence or absence of a disease of the mind determines whether automatism is treated as insanity.
89
What happens with a successful plea of sane automatism?
It negates intent and responsibility for the actus reus, resulting in unqualified acquittal.
90
What is the defence of intoxication?
Intoxication may be a defence if:
* It causes a disease of the mind
* It affects intent for an offence
* It leads to a state of automatism.
## Footnote
Intoxication must raise reasonable doubt regarding the defendant's state of mind.
91
What is required for intoxication to succeed as a defence in New Zealand?
Establish reasonable doubt about the defendant's required state of mind during the offence.
## Footnote
It does not need to show incapacity to form mens rea.
92
What is the significance of strict liability offences in relation to intoxication?
For strict liability offences, the defence must prove total absence of fault, as intent is not required.
## Footnote
Intoxication is less likely to succeed as a defence in such cases.
93
What does ignorance of the law imply for defendants?
Ignorance of the law is not an excuse for committing an offence.
## Footnote
However, children may not be liable if they do not know their act is contrary to law.
94
What constitutes compulsion or duress in legal terms?
Compulsion involves being compelled to commit an offence by threats of immediate death or grievous bodily harm.
## Footnote
The threats must be operating on the mind at the time of the act.
95
What is required for a compulsion defence to be valid?
The defendant must genuinely believe the threats and must not be part of any conspiracy.
## Footnote
The threats must be immediate and from a person present at the time.
96
What is entrapment?
Entrapment occurs when an enforcement agent causes a person to commit an offence for prosecution.
## Footnote
It is not a substantive defence but can lead to evidence exclusion if found unfair.
97
What is the self-defence criterion according to section 48?
A person is justified in using reasonable force in self-defence based on their belief of the circumstances.
## Footnote
The belief must be subjective, but the reasonableness of force is assessed objectively.
98
What must a defendant provide if they intend to use an alibi?
Written notice to the prosecutor detailing particulars of the alibi within 10 working days.
## Footnote
This includes witness names and addresses or relevant information.
99
What is the definition of consent in legal terms?
Consent is a person's conscious and voluntary agreement to something proposed by another.
## Footnote
It must be full, voluntary, free, and informed.
100
Is consent a valid defence if the act is criminal?
No, consent cannot make a criminal act lawful.
## Footnote
It is unnecessary to prove lack of consent in such cases.
101
What are the guidelines for assault regarding consent?
Guidelines include:
* Right to consent to surgical operations
* Right to consent to non-harmful force
* No right to consent to death or injury likely to cause death.
## Footnote
Consent to bodily harm must not breach the peace or involve disorderly conduct.
102
What is the right of individuals regarding surgical operations?
Everyone has a right to consent to a surgical operation.
## Footnote
Consent is fundamental in medical ethics and legal frameworks.
103
Can individuals consent to the infliction of force not involving bodily harm?
Yes, everyone has a right to consent to the infliction of force not involving bodily harm.
## Footnote
This principle is relevant in various legal contexts, such as sports and consensual fights.
104
Is there a right to consent to death or serious injury?
No, no one has a right to consent to their death or injury likely to cause death.
## Footnote
This reflects the legal principle that individuals cannot waive their right to life.
105
What is the limitation on the consent to bodily harm?
No one has a right to consent to bodily harm that amounts to a breach of the peace or in a prize fight or exhibition calculated to gather disorderly persons.
## Footnote
This aims to maintain public order and safety.
106
What is uncertain regarding consent to danger?
It is uncertain to what extent any person has a right to consent to being put in danger of death or bodily harm by the act of another.
## Footnote
This ambiguity raises complex legal questions in cases of voluntary risk-taking.
107
What is required for the prosecution to prove lack of consent?
The prosecution must prove that someone did not consent, but this onus arises only if there is evidence from which consent can reasonably be inferred.
## Footnote
This places a burden on the prosecution in consent-related cases.
108
What constitutes a defense of compulsion or duress?
Compulsion or duress is a defense when a person acts solely as a result of threats.
## Footnote
This defense acknowledges the influence of coercion on an individual's actions.
109
What are the requirements for the threat in a duress defense?
The threats must operate on the person’s mind at the time of the offence and the person must genuinely believe them.
## Footnote
This ensures the authenticity of the duress claim.
110
What must be true about the threat in a duress defense?
The threat must be immediate from a person present at the offence.
## Footnote
This condition emphasizes the immediacy and proximity of the threat.
111
Is compulsion or duress a defense to all offenses?
No, compulsion or duress is not a defense to specific offenses listed in the Crimes Act 1961.
## Footnote
Certain serious offenses are exempt from this defense due to their nature.
112
What is an honest belief defense?
An honest belief is a defense except when there is a statutory provision to establish reasonable grounds.
## Footnote
This defense is based on the individual's state of mind at the time of the offense.
113
Is entrapment accepted as a defense?
No, entrapment is rejected as a defense.
## Footnote
Judges will rule on the fairness or unfairness of the evidence presented.
114
What does self-defense depend on?
Self-defense depends on the defendant’s subjective view of the circumstances and the court’s view of whether the force was reasonable.
## Footnote
This dual consideration balances personal perception with legal standards.
115
What is required for an alibi defense?
An alibi defense requires written notice within 10 working days after a defendant has been given notice under section 20.
## Footnote
Timeliness is crucial in presenting an alibi.
116
What evidence is required for an alibi?
An alibi requires evidence of both time and place.
## Footnote
This evidence must corroborate the defendant's claim of being elsewhere during the offense.
117
What is necessary for a defense of consent?
A defense of consent requires that the act that is consented to is understood and that consent is given voluntarily.
## Footnote
This ensures that consent is informed and not coerced.
118
Are there exceptions to consent as a defense in the Crimes Act 1961?
Yes, some sections of the Crimes Act 1961 specifically exclude consent as a defense.
## Footnote
This reflects the legal boundaries of consent in serious offenses.
