Homicide Law 4.3 Flashcards
- What was held in R v Harney?
Recklessness means the conscious and deliberate taking of an unjustified risk, in New Zealand in involves proof that the consequences complained of could well happen, together with an intention to continue the course of conduct regardless of the risk.”
- What are the legal duties of a parent/guardian under section 152 of the Crimes Act 1961?
Everyone who is a parent, or is a person in place of a parent, who has actual care or charge of a child under the age of 18 years is under a legal duty—
(a) To provide that child with necessaries; and
(b) To take reasonable steps to protect that child from injury.
- What are the ingredients of section 154 of the Crimes Act 1961, abandoning a child under 6?
Everyone is liable to imprisonment for a term not exceeding 7 years who unlawfully abandons or exposes any child under the age of 6 years.
- Outline the culpability for children under 10 and children 10-13 years.
· Under 10 - A child aged under 10 years 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 years inclusive, it must be shown that the child knew their act was wrong or contrary to law. If this knowledge cannot be shown, the child cannot be criminally liable for the offence.
- Define insanity by completing the sentence:
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.
- What was held in R v Cottle? (Burden of Proof of insanity)
As to degree of proof, it is sufficient if the plea is established to the satisfaction of the jury on a preponderance of probabilities without necessarily excluding all reasonable doubt.
- What was held in R v Lipman?
Where automatism is brought about by a voluntary intake of alcohol or drugs the Court may be reluctant to accept that the actions were involuntary or that the offender lacked intention.
- What is a “strict liability” offence?
Any offence that does not require an 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. Example: Driving with Excess breath alcohol.
- What 3 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 have genuinely believed the threats and
must not be a party to any association or conspiracy involved in carrying out the threats.
- 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.
- Give two circumstances 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 to the person killed any bodily injury that is known to the offender to be likely to cause death, and is reckless whether death ensues or not:
(c) If the offender means to cause death, or, being so 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:
(d) If the offender for any unlawful object does an act that he knows to be likely to cause death, and thereby kills any person, though he may have desired that his object should be effected without hurting any one.
- Define “Legal Duty”
The expression “legal duty” refers to those duties imposed by statute or common law including uncodified common law duties:
- Outline section 163 of the Crimes Act 1961 (Killing by influence on the mind)
No one is criminally responsible for the killing of another by any influence on the mind alone,
except by wilfully frightening a child under the age of 16 years 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 as aforesaid or a sick person.
- What is required state of mind for section 167(b) of the Crimes Act 1961?
To show that the accused’s state of mind meets the provisions of s167(b), 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.
- 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.
