Legislation (2. Murder & Manslaughter)

Question 1

Legislation

Answer 1

167 Murder Defined

168 Further Definition of Murder

172 Punishment for Murder

173 Attempted Murder

174 Counselling, Inciting or Attempting to Procure Murder

175 Conspiracy to Murder

176 AATF to Murder

177 Punishment for Manslaughter

150A Standards of Care: People Performing i) Legal Duties ii) Unlawful Acts

Question 2

167 Murder Defined

Answer 2

Culpable homicide is murder if:

1. Offender meant to cause death.
2. Offender meant to cause bodily injury, known by the offender to be likely to cause death, and reckless whether death ensues.
3. Offender has intent of a. | b., but by accident | mistake kills another person who he didn’t intend to hurt.
4. Offender, for any unlawful object, does an act that he knows is likely to cause death - although he may have desired his object to be effected without hurting anyone.

Question 3

168 (1) Further Definition of Murder

Answer 3

Culpable homicide is also murder - regardless of intent to murder | knowledge that death is likely - if defendant aimed to:

• Commission a subsec. 2 offence
• Facilitate flight | avoid detection of offender
• Resist lawful apprehension re any offence

and death ensued because the defendant:

1. Meant to cause GBI to the victim
2. Administered stupefying | overpowering thing to the victim
3. Wilfully stopped the breathing of the victim

Question 4

172 Punishment of Murder

Answer 4

1. Liable to life imprisonment.
2. Subject to S102, Sentencing Act 2002
   
   1. Mandatory life sentence, unless circumstances of offender | offence would mean life imprisonment is manifestly unjust
   2. If court does not impose life imprisonment, it must give reasoning in writing

Question 5

173 Attempted Murder

Answer 5

Penalty: 14 years.

Question 6

174 Counselling or Attempting to Procure Murder

Answer 6

Everyone who incites | counsels | attempts-to-procure murder,

in NZ,

when the murder isn’t committed

Penalty: 10 years

Question 7

175 Conspiracy to Murder

Answer 7

Everyone who conspires | agrees to murder

where murder is to take place in | out NZ

Penalty: 10 years

Question 8

176 AAFT to Murder

Answer 8

Penalty: 7 years

Question 9

177 Punishment of Manslaughter

Answer 9

Liable to life imprisonment

Question 10

150A Standard of Care:

Persons under Legal Duties

Persons Performing Unlawful Acts

Answer 10

1. Applicability:
   
   1. Legal duties: S151-153, 155-157.
   2. Unlawful act in S160 where act requires-proof-of-negligence | is-a-strict-liability-offence.
2. Person is criminally liable for omitting-to-perform-legal-duty | performing-unlawful-act only if:
   
   • it is a major departure from the standard of care expected of a reasonable person, to whom-duty-applies | who-performs-act