Homicide Law

Question 1

Homicide definition

s158

Answer 1

Section 158 homicide is the killing of a human being by another directly or indirectly by any means whatsoever

Question 2

Killing of a child section 159

Answer 2

(1) A child becomes a human being when it has completely proceeded in a living state from the body of it’s mother whether it has breathes or or not has an independent circulation or not and whether the naval string is severed or not
(2) The killing of a child is homicide if it dies of injuries received before during or after birth

Question 3

Section 160 culpable homicide

(2) Homicide is culpable when…

Answer 3

160(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 which causes his death or
(e) by willfully frightening a child under the age of 16 years or a sick person

Question 4

Allegations of culpable homicide have been supported where the offender has caused death by

Answer 4

• Committing arson
• giving a child excessive alcohol to drink
• placing hot cinders and straw on a person to frighten them
• supplying heroin to a person who dies from an overdose
• throwing concrete from a motorway overbridge into the path of an approaching vehicle
• conducting an illegal abortion where the mother dies

Question 5

160(2)(b) - what is omission to perform a legal duty ?

and examples of Legal duties

Answer 5

This covers cases where nothing is done when there is a legal duty to act. and in certain cases positive conduct accompanied failure to discharges a legal duty of care:

• provide the necessaries and protect from injury s151
• provide the 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 s155
• take precautions when in charge of dangerous things s156
• avoid omissions that will endanger life s157

Question 6

Consent to death

Answer 6

No one has the right to consent to being killed

The fact that they gave their consent does not affect the criminal responsibility of anyone else involved

Question 7

Killing by influence on the mind

Answer 7

No one is criminally responsible except by wilfully frightening a child under 16 or a sick person

Question 8

Justified

Answer 8

Exempt from both criminal and Civil liability

Eg: homicide in self defence

Question 9

Section 162(2) time in which a death must occur

Answer 9

Death must be within a year and a day from the time the last unlawful act or omission took place

Question 10

Punishment of murder

Answer 10

Life imprisonment

Question 11

Punishment of attempted murder

Answer 11

14 years imprisonment

Question 12

Difference between counselling and conspiracy

Answer 12

Counselling involves procuring another person to murder any other person

Conspiracy involves agreeing with any person to murder any other person

Question 13

S 176 - accessory after the fact to murder

Answer 13

everyone is liable for term of imprisonment not exceeding 7 years who is an accessory after the fact to murder

Question 14

Voluntary and involuntary manslaughter

Answer 14

Mitigating circumstances such as a suicide pact reduce what would be murder to manslaughter even though there may have been intent

Involuntary manslaughter covers killings which are caused by an unlawful act or gross negligence where there has been no intention to kill

Question 15

Four point test for Manslaughter buy an unlawful act

Answer 15

1. The defendant must intentionally do an act
2. The act must be unlawful
3. The act must be dangerous
4. The act must cause death

Question 16

Before a conviction for Manslaughter re: S150A – what must prosecution prove?

Answer 16

For a conviction of manslaughter the prosecution must prove a very high degree of negligence or gross negligence

Question 17

Punishment for manslaughter

Answer 17

Life imprisonment

Question 18

For infanticide who decides on the mothers State of Mind

Answer 18

The jury

Question 19

Abandoning a child (liability)

s154

Answer 19

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

Question 20

Liability in a preventable death

Answer 20

Liability depends on the men’s Rea not on the victims subsequent actions

Question 21

Novus actus interveniens

Answer 21

An intervening act that breaks the chain of causation

Question 22

When treatment of an injury is fatal (who is liable)

Answer 22

The person who caused the injury is liable for the injury and it’s consequences

The person who caused the injury is liable for the death as the result of improper treatment so long as the treatment was applied and good faith

Question 23

Section 180 suicide pact

Answer 23

180 (1) - Everyone who in pursuance of a suicide pact kills any other person is guilty of manslaughter

180 (2) - Where two or more persons enter into a suicide pact and one or more kills himself any Survivor is guilty of being a party to the death
liable for term of imprisonment not exceeding 5 years

180(3) - Suicide pact means a common agreement between 2 or more persons having for its object the death of all of them.

Question 24

Section 179 aiding and abetting suicide

Answer 24

Everyone is liable for a term of imprisonment not exceeding 14 years who -
Incites, counsels or procures any person to commit or attempt to commit suicide, or,
Aids or abetting any person in the commission of suicide

Question 25

Section 181 concealing dead body of child

Answer 25

Anyone 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 is liable for up to 2 years imprisonment

Question 26

A hearsay statement is admissible in any proceeding if

s18 evidence ACT 2006

Answer 26

(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 be a witness

Question 27

In relation to 160(2)(d) - Examples of culpable homicide caused by actions prompted by threats fear or deception

Answer 27

Jumps or falls out of a window and dies

jumps into a river to escape and drowns

Has been assaulted and believes their life is in danger jumps from a train and is killed

Question 28

The meaning of wilfully frightening

Answer 28

Is regarded as intending to frighten or at least be Reckless as to this

Question 29

to establish Proof of death for homicide, you must prove three key elements

Answer 29

Must prove:

death occurred

the deceased is the person who has been killed

the killing is culpable

Question 30

Definition culpable homicide

Answer 30

Is the blameworthy killing of a person by another

The three main types murder manslaughter and infanticide

Question 31

Definition unlawful act

Answer 31

A breach of any act, regulation, rule or bylaw

Question 32

s178(1) infanticide

Answer 32

A woman causes the death of any child of hers under 10 years old in a manner that amounts to culpable homicide

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

by reason of not having fully recovered from childbirth
OR the effects of lactation
OR any disorder consequent upon childbirth or lactation,

to such an extent that she should not be held fully responsible.
She is guilty of infanticide 3 Imprisonment years

Question 33

s167 Murder

Answer 33

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 whether death ensues or not
(c) If the Offender means to cause death or being so Reckless means to cause injury 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 anyone.

Question 34

Hearsay statements

s16(1) reliability of statements

Answer 34

• Nature of the statement
• Contents of the statement
• Circumstances relating to the making of the statement
• Circumstances relating to the veracity of the person making the statement
• Circumstances relating to the accuracy of the observation of the person

Question 35

S152 ca61. Duty of parent or Guardian to provide Necessities to protect from injury

Answer 35

Everyone who is a parent, or is a person in place of a parent, who has actual care or charge of a child under 18 years is under legal Duty -

a) to provide the child with the necessities; and
b) to take reasonable steps to protect that child from injury

Question 36

S174 CA61. Counselling or attempting to procure murder.

Answer 36

S174 CA61.
Everyone is liable for a term of imprisonment for a term not exceeding 10yrs who
incites, counsels, or attempts to procure any person to murder any other person in NZ, when that murder is not in fact committed.

Question 37

S175 Conspiracy to Murder

Answer 37

S175 CA61
Everyone is liable to imprisonment for a term not exceeding 10yrs who conspires or agrees with any person to murder any other person, where the murder is to take place in NZ or elsewhere.