Homicide Law 3

Question 1

What is the penalty for attempted murder?

Answer 1

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

Question 2

Define R v Tarei

Answer 2

R v Tarei
Withdrawal of any form of life support system is not “treatment” under s166 Crimes Act 1961. To withdraw life support does not cause death but removes the possibility of extending the person’s life through artificial means.

Question 3

Outline section 181 of the Crimes Act 1961 (Concealing a dead body of a child)

Answer 3

Every one is liable to imprisonment for a term not exceeding 2 years 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, or during, or after birth

Question 4

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

Answer 4

Young persons over 14 years of age are usually dealt with under the youth justice provisions of the CYPF Act although charges of murder and manslaughter will be heard in the High Court following the committal process in the Youth Court.

Question 5

A Question of Law relating to whether the condition is a disease of the mind is answered by whom?

Answer 5

The Judge

Question 6

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

Answer 6

The Jury

Question 7

What was held in R v Kamipeli?

Answer 7

In order for intoxication to succeed as a defence, all you need to establish is reasonable doubt about the defendant’s state of mind at the time of the offence.

Question 8

What is the burden of proof for insanity?

Answer 8

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 9

Section 153 of the Crimes Act 1961, what is the relevant age of the person who is employed?

Answer 9

Under the age of 16 years

Question 10

Where a charge of infanticide is laid, who decides on the Mothers state of mind?

Answer 10

The Jury

Question 11

Pursuant to section 22(3)(a) of the Criminal Disclosure Act 2008, the notice under subsection (1) must include:

Answer 11

(3) Without limiting subsection (1),—
the notice under subsection (1) must include the name and address of the witness or, if the name and address is 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 12

Before a conviction can be obtained for manslaughter, where one of the sections referred to is section 150A (1) of the Crimes Act 1961, what must the prosecution prove?

Answer 12

A very high degree of negligence or gross negligence

Question 13

Proximity is a question of law decided by whom?

Answer 13

The Judge

Question 14

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

Answer 14

Within 10 working days after the defendant is given notice under section 20 of the Criminal Disclosure Act 2008.

Question 15

Define R v Cox

Answer 15

R v Cox
Consent must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to form a rational judgement.

Question 16

As a general guideline, most offences within the Crimes Act 1961, will require an intent (Mens rea) of some kind. Outline a defence that would therefore be generally available:

Answer 16

The defence of intoxication will be available to the defence to establish that the defendant did not have the required intent to carry out the offence

Question 17

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

Answer 17

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

Question 18

Outline section 25 of the Crimes Act 1961, ignorance of the law:

Answer 18

The fact that an offender is ignorant of the law is not an excuse for any offence committed by him whether they are a NZ resident or visitor.

Question 19

Proximity relating to attempts:

Answer 19

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 20

Section 150A:
Before a conviction can be obtained for manslaughter where one of the sections referred to in section 150A(1) the prosecution must prove:

Answer 20

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 21

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

Answer 21

10-13 Year olds charged with murder or manslaughter (a category 4 offence) are usually dealt with under the youth justice provisions of the Oranga Tamariki Act. However, charges of murder and manslaughter will be heard in the high court following the first appearance in the court in which the charging document was filed.

Question 22

Section 162 Crimes Act 1961:

162 Death must be within a year and a day (Applies to culpable homicide, murder, manslaughter and infanticide)

Answer 22

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 is an omission to fulfil a legal duty, the period shall be reckoned inclusive of the day on which such omission ceased
4) Where 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 last unlawful act took place or the omission ceased, whichever happened last