Homicide Law Part 2

Question 1

S167 Murder defined

Answer 1

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.

Question 2

S168 Further definition of murder

(

Answer 2

S168 Further definition of murder

(1) Culpable homicide is also murder in each of the following cases, whether the offender means or does not mean death to ensue, or knows or does not know that death is likely to ensue:
(a) if he means to cause grievous bodily injury for the purpose of facilitating the commission of any of the offences mentioned in subsection (2) of this section, or facilitating the flight or avoiding the detection of the offender upon the commission or attempted commission thereof, or for the purpose of resisting lawful apprehension in respect of any offence whatsoever, and death ensues from such injury:
(b) If he administers any stupefying or overpowering thing for any of the purposes aforesaid, and death ensues from the effects thereof:
(c) if he by any means willfully stops the breath of any person for any of the purposes aforesaid said, and death ensues from such stopping of the breath

Question 3

Intent

Answer 3

Deliberate Act- act or omission must be done deliberately

Intent to produce a specific result

If charging an offender under S167 you must show that the defendant :

• intended to cause death, or
• knew that death was likely to ensue, or
• was reckless that death would ensue.

Question 4

Recklessness

Answer 4

Acting recklessly involves consciously and deliberately taking an unjustifiable risk.

To show that the defendant’s state of mind meets the provisions of s167(b), you must establish that:

• 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

Question 5

R v Harney

Answer 5

Recklessness means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the consequences complained of could well happen, together with an intention to continue the course of conduct regardless of the risk.

Question 6

R v Piri

Answer 6

Recklessness involves a conscious, deliberate risk taking. The degree of risk of death foreseen by the accused under either s167(b) or (d) must be more than negligible or remote. The accused must recognise a “real or substantial risk” that death would be caused.

Question 7

R v Desmond

Answer 7

Not only must the object be unlawful, but also the accused must know that his act is likely to cause death. It must be shown that his knowledge accompanied the act causing death.

Question 8

R v Desmond

Answer 8

Not only must the object be unlawful, but also the accused must know that his act is likely to cause death. It must be showing that his knowledge accompanied the ACT causing death.

Question 9

To show that the defendant State of Mind meets the provisions of section 167(b) you must establish that the defendant:

Answer 9

• 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