Homicide law (legislation) Flashcards
Section 151 CA 61
Duty of persons to provide necessaries and protect from injury (vulnerable adult)
Duty of persons to provide necessaries and protect from injury (vulnerable adult)
Section 151 CA 61
Section 151 CA 61 - Elements
Everyone who
Has in their actual care or charge any vulnerable adult
Who is unable to provide themselves with necessaries
Is under a legal obligation to
- Provide the necessaries to that person and
- Take reasonable steps to protect from injury
Section 152 CA 61
Duty of parent / guardian to provide necessaries and protect from injury
Duty of parent / guardian to provide necessaries and protect from injury
Section 152 CA 61
Section 152 CA 61 - Elements
Duty of parent / guardian to provide necessaries and protect form injury
Everyone who
As a parent or person in place of any parent
Has actual care or charge of a child under the age of 18
Is under the legal duty to
- Provide necessaries to that child and
- Take reasonable steps to protect from injury
Section 153 CA 61
Duty of employers to provide necessaries
Duty of employers to provide necessaries
Section 153 CA 61
Section 153 CA 61 - Elements
Duty of employer to provide necessaries
Everyone who as an employer is contracted to provide necessary food, clothing and lodging to a servant or apprentice under the age of 16
Is under a legal duty to provide as such AND
Is criminally responsible for omitting to perform the legal duty if
- death of the servant / apprentice occurs or
- their life is endangered or
- their health is permanently injured
As a result of the omission
Section 154 CA 61
Abandoning child under 6
Abandoning child under 6
Section 154 CA 61
Section 154 CA 61 - Elements
Abandoning child under 6
Everyone who
Unlawfully abandons or exposes
Any child under 6
Section 155 CA 61
Duty of persons doing dangerous act
Duty of person doing dangerous act
Section 155 CA 61
Section 155 CA 61 - elements
Duty of persons doing dangerous act
Everyone who
Undertakes (except for necessity) to administer any medical or surgical treatment OR
To do any act which is dangerous to life
Is under a legal obligation to have and use reasonable skill, knowledge and care in the undertaking of that act
Is criminally responsible for the consequences of omitting, without lawful excuse to discharge that duty
Section 156 CA 61
Duty of persons in charge of dangerous things
Duty of persons in charge of dangerous things
Section 156 CA 61
Section 156 CA 61 - Elements
Duty of persons in charge of dangerous things
Everyone who
Is in charge or has under his control
Anything whatever, whether animate or inanimate or
Who erects makes, uses, or maintains anything whatever
Which, in the absence of any care or precautions, is or may be dangerous to life
Is under a legal duty to take precautions against or use care to avoid such danger
And is criminally responsible for the consequences of omitting, without lawful excuse, to discharge that duty
Section 157 CA 61
Duty to avoid omissions dangerous to life
Duty to avoid omissions dangerous to life
Section 157 CA 61
Section 157 CA 61 - elements
Duty to avoid omissions dangerous to life
Everyone who
Undertakes to do any act
The omission of which is dangerous to life
Is under a legal duty to do the act
And is criminally responsible for the consequences of omitting, without lawful excuse, to discharge that duty
Section 164 CA 61
Acceleration of death
Acceleration of death
Section 164 CA 61
Section 164 CA 61 - elements
Everyone who
By act or omission
Causes the death of any person
Kills that person
Though the effect of bodily injury caused to that person was merely to hasten his / her death while labouring under the effects of some other disorder or disease from some other cause
Section 165 CA 61
Causing of death which may have been prevented
Causing death which may have been prevented
Section 165 CA 61
Section 165 CA 61 - Elements
Causing of death which may have been prevented
Everyone who
By any act or omission
Causes death of another person
Kills that person
Though the bodily injury from which death ensued might have been prevented by resorting to proper means
Section 166 CA 61
Causing bodily injury, the treatment of which causes death
Causing bodily injury, the treatment of which causes death
Section 166 CA 61
Section 166 CA 61 - Elements
Causing bodily injury, the treatment of which causes death
Everyone who
Causes bodily injury to any other person
Which is in itself dangerous
From which death results
Kills that person
Though the immediate cause of death is the treatment, proper or improper, applied in good faith
Section 167 CA 61
Murder defined
Section 167 CA 61 - elements
Section 167 CA 61
Murder defined
Culpable homicide is murder in the following circumstances
If the offender
(a) Means to cause death
(b) Means to cause, to the person killed, bodily injury where he knew death would likely result and was reckless as to whether death would ensue or not
(c) Means to cause death or, being reckless as aforesaid, means to cause bodily injury as aforesaid to any person but by some accident or mistake kills another person though he did not mean to harm that person
(d) For any unlawful object does any act in which he or she knows is likely to cause death and kills any person, though he may have desired his object be effected without harming any person
Section 168 CA 61
Murder further defined
Section 168 CA 61 - elements
Section 168 CA 61
Murder defined
Culpable homicide is murder in the further circumstances
Whether the offender means or does not mean to cause death or knows or does not know death is likely to result
(a) The offender means to cause GBH
- To facilitate the commission of an offence of treason, piracy, piratical acts, escaping or freeing from prison, sexual violation, murder, abduction, kidnapping, burglary, robbery or arson
- To facilitate the flight or avoid the detection upon the commission of an offence as above
- To resist the lawful arrest for any offence
And death ensues as a result
(b) The offender administers any stupefying or overpowering thing for one of the purposes above in which death results from its effects
(c) The offender wilfully stops the breath of any person for the purpose of above and death ensues as a result
Section 174 CA 61
Counselling or attempting to procure murder
Counselling or attempting to procure murder
Section 174 CA 61
Section 174 CA 61 - elements
Everyone who
Incites, counsels or attempts to procure any person
To commit murder of another person in NZ
In which the murder has not been committed
Section 175 CA 61
Conspiracy to commit murder
Conspiracy to commit murder
Section 175 CA 61
Section 175 CA 61 - Elements
Conspiracy to murder
Everyone who
Conspires or agree with another person
To kill another person
Whether the murder is to take place in NZ or elsewhere
Section 178 CA 61
Infanticide
Infanticide
Section 178 CA 61
Section 178 CA 61 - elements
Infanticide
A woman who
Kills a child of hers under the age of 10
In a manner which amounts to culpable homicide
At a time where the balance of her mind was disturbed by reason of
- Not having fully recovered from birth of that child or any other child
- The effects of lactation
- The effects of any other disease or disorder consequent of birth or lactation
To such an extent so she should not be held fully responsible
Section 179 CA 61
Aiding and abetting suicide
Aiding and abetting suicide
Section 179 CA 61
Section 179 CA 61 - Elements
Aiding and abetting suicide
Everyone who
(a)
Incites, counsels or procures any person
To commit suicide
And the person attempts or commits suicide thereof
(b)
Aids or abets any person
In the commission of suicide
Section 180 CA 61
Suicide pact
Suicide pact
Section 180 CA 61
Section 180 CA 61 - Elements
Suicide pact
Where two or more persons enter into a suicide pact
And one or more person kills themselves
Any survivor is guilty of being a party to the death by suicide pact
Section 181 CA 61
Concealing the dead body of a child
Concealing the dead body of a child
Section 181 CA 61
Section 181 CA 61 - elements
Concealing dead body of a child
Any person who
Disposes of
The dead body of a child
With intent to conceal the fact of their death
Whether the death occurred before, during or after death
Section 66 CA 61
Parties to
Parties to
Section 66 CA 61
Section 66 CA 61 - elements
Everyone is guilty of being a party to an offence who
(a) Commits the offence
(b) By any act or omission assists any person in the commission of the offence
(c) Abets any person in the commission of the offence
(d) Incites, counsels or procures any person to commit the offence
Where two or more persons
Form a common intention to prosecute any unlawful purpose
And to assist each other therein
Each person is guilty of every offence committed by everyone of them
If the commission of that offence is known to be a probable consequence of the prosecution of the common purpose.
Section 72 CA 61
Attempts
Attempts
Section 72 CA 61
Section 72 CA 61 - elements
Everyone who
With intent to commit an offence
Does or omits an act
For the purposes of accomplishing his object
