Homicide Offences Flashcards
Define Homicide as per 158 CA61?
158 Homicide Defined
Homicide is the killing of a human by another, directly or indirectly, by any means whatsoever.
Define Culpable Homicide as per 160 CA61?
160 Culpable Homicide
(1) Homicide may be culpable or not culpable-
(2) Homicide is culpable when it consists in the killing of a 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
(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 wilfully frightening a child under the age of 16, or a sick person
(3) Except as provided in section 178 of this Act, culpable homicide is either murder or manslaughter.
(4) Homicide that is not culpable is not an offence.
Define Murder as per 167 CA61?
167 Murder Defined
Culpable Homicide is murder in each of the following case:
(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 know 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, 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
168 Further definition of Murder?
168 Further definition of Murder
(1) Culpable homicide is 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 GBH injury for the purpose of facilitating the commission of any offence 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 wilfully stops the breath of any person for any of the purposes aforesaid, and death ensues from such stopping of breath.
s172 Punishment of Murder?
172 Punishment for Murder
(1) Everyone who commits murder is liable to imprisonment for life.
(2) Subsection (1) is subject to section 102 of the sentencing Act 2002
Sentencing Act 2002, s102?
Sentencing Act 2002, s102
(1) An offender who is convicted of murder must be sentenced to imprisonment for life unless, given the circumstances of the offence and the offender, a sentence of imprisonment for life would be manifestly unjust,
(2) If a court does not impose a sentence of imprisonment for life on an offender convicted of murder, it must give written reasons for not doing so.
Section 173 Attempt to Murder
s173 Attempt to Murder
(1) Everyone who attempts to commit murder is liable to imprisonment for a term not exceeding 14 years.
s174 Counselling or attempting to procure murder?
s174 Counselling or attempting to procure murder
Everyone is liable to imprisonment for a term not exceeding 10 years who incites, counsels, or attempted to procure any person to murder any other person in NZ when that murder is not in fact committed.
s175 Conspiracy to Murder?
s175 Conspiracy to Murder
(1) Everyone is liable to imprisonment for a term not exceeding 10 years who conspires or agree with any person to murder any other person to murder any other person, whether the murder is to take place in NZ or elsewhere.
(2) For the purpose of this section, the expression to murder includes to cause the death of another person out of NZ in circumstances that would amount to murder if the act were committed in NZ.
s176 Accessory after the fact to murder?
s176 Accessory after the fact to murder
Everyone is liable to imprisonment for a term not exceeding 7 years who is an accessory after the fact to murder.
71(1)
An accessory after the fact is a person who, knowing any person to be a party to the offence, receives, comforts or assists that person or tampers with or actively suppresses any evidence against him, in order to enable him to escape after arrest or avoid arrest or conviction.
178 Infanticide ?
178 Infanticide
Where a woman causes the death of any child of hers under the age of 10 years in a manner that amounts to culpable homicide, and where at the time of the offence the balance of her mind was disturbed, by reason of her not having fully recovered from the effect of giving birth to that or any other child, or by reason of the effect of lactation, or by reason of any disorder consequent upon childbirth or lactation, to such an extent that she should not be held fully responsible, she is guilty of infanticide, and not of murder or manslaughter, and is liable to imprisonment for a term not exceeding 3 years.
151 Duty to provide the necessaries and protect from injury?
151 Duty to provide the necessaries and protect from injury
Every one who has actual care or charge of a person who is a vulnerable adult and who is unable to provide himself or herself with necessaries is under a legal duty—
(a) to provide that person with necessaries; and
(b) to take reasonable steps to protect that person from injury
152 Duty of parent or guardian to provide necessaries and protect from injury?
152 Duty of parent or guardian to provide necessaries and protect from injury
Every one 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
153 Duty of employers to provide necessaries?
153 Duty of employers to provide necessaries
Every one who as employer has contracted to provide necessary food, clothing, or lodging for any servant or apprentice under the age of 16 years is under a legal duty to provide the same, and is criminally responsible for omitting without lawful excuse to perform such duty if the death of that servant or apprentice is caused, or if his life is endangered or his health permanently injured, by such omission.
154 Abandoning child under 6?
154 Abandoning child under 6
Every one is liable to imprisonment for a term not exceeding 7 years who unlawfully abandons or exposes any child under the age of 6 years.
