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Modules > Homicide law (legislation) > Flashcards

Homicide law (legislation) Flashcards

1
Q

Section 151 CA 61

A

Duty of persons to provide necessaries and protect from injury (vulnerable adult)

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2
Q

Duty of persons to provide necessaries and protect from injury (vulnerable adult)

A

Section 151 CA 61

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3
Q

Section 151 CA 61 - Elements

A

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

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4
Q

Section 152 CA 61

A

Duty of parent / guardian to provide necessaries and protect from injury

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5
Q

Duty of parent / guardian to provide necessaries and protect from injury

A

Section 152 CA 61

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6
Q

Section 152 CA 61 - Elements

A

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

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7
Q

Section 153 CA 61

A

Duty of employers to provide necessaries

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8
Q

Duty of employers to provide necessaries

A

Section 153 CA 61

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9
Q

Section 153 CA 61 - Elements

A

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

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10
Q

Section 154 CA 61

A

Abandoning child under 6

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11
Q

Abandoning child under 6

A

Section 154 CA 61

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12
Q

Section 154 CA 61 - Elements

A

Abandoning child under 6
Everyone who
Unlawfully abandons or exposes
Any child under 6

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13
Q

Section 155 CA 61

A

Duty of persons doing dangerous act

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14
Q

Duty of person doing dangerous act

A

Section 155 CA 61

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15
Q

Section 155 CA 61 - elements

A

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

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16
Q

Section 156 CA 61

A

Duty of persons in charge of dangerous things

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17
Q

Duty of persons in charge of dangerous things

A

Section 156 CA 61

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18
Q

Section 156 CA 61 - Elements

A

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

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19
Q

Section 157 CA 61

A

Duty to avoid omissions dangerous to life

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20
Q

Duty to avoid omissions dangerous to life

A

Section 157 CA 61

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21
Q

Section 157 CA 61 - elements

A

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

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22
Q

Section 164 CA 61

A

Acceleration of death

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23
Q

Acceleration of death

A

Section 164 CA 61

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24
Q

Section 164 CA 61 - elements

A

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

25
Q

Section 165 CA 61

A

Causing of death which may have been prevented

26
Q

Causing death which may have been prevented

A

Section 165 CA 61

27
Q

Section 165 CA 61 - Elements

A

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

28
Q

Section 166 CA 61

A

Causing bodily injury, the treatment of which causes death

29
Q

Causing bodily injury, the treatment of which causes death

A

Section 166 CA 61

30
Q

Section 166 CA 61 - Elements

A

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

31
Q

Section 167 CA 61

A

Murder defined

32
Q

Section 167 CA 61 - elements

A

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

33
Q

Section 168 CA 61

A

Murder further defined

34
Q

Section 168 CA 61 - elements

A

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

35
Q

Section 174 CA 61

A

Counselling or attempting to procure murder

36
Q

Counselling or attempting to procure murder

A

Section 174 CA 61

37
Q

Section 174 CA 61 - elements

A

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

38
Q

Section 175 CA 61

A

Conspiracy to commit murder

39
Q

Conspiracy to commit murder

A

Section 175 CA 61

40
Q

Section 175 CA 61 - Elements

A

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

41
Q

Section 178 CA 61

A

Infanticide

42
Q

Infanticide

A

Section 178 CA 61

43
Q

Section 178 CA 61 - elements

A

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

44
Q

Section 179 CA 61

A

Aiding and abetting suicide

45
Q

Aiding and abetting suicide

A

Section 179 CA 61

46
Q

Section 179 CA 61 - Elements

A

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

47
Q

Section 180 CA 61

A

Suicide pact

48
Q

Suicide pact

A

Section 180 CA 61

49
Q

Section 180 CA 61 - Elements

A

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

50
Q

Section 181 CA 61

A

Concealing the dead body of a child

51
Q

Concealing the dead body of a child

A

Section 181 CA 61

52
Q

Section 181 CA 61 - elements

A

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

53
Q

Section 66 CA 61

A

Parties to

54
Q

Parties to

A

Section 66 CA 61

55
Q

Section 66 CA 61 - elements

A

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.

56
Q

Section 72 CA 61

A

Attempts

57
Q

Attempts

A

Section 72 CA 61

58
Q

Section 72 CA 61 - elements

A

Everyone who
With intent to commit an offence
Does or omits an act
For the purposes of accomplishing his object

59
Q
A

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