Legislation offences - Homicide, Murder manslaughter etc Flashcards
sec 158 CA61 - Homicide Defined
Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever
sec 159 CA61 - killing of a child
1) A child becomes a human being within the meaning of this Act when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, whether it has an independent circulation or not, and whether the naval string has been severed or not
2) the killing of such a child is homicide if it dies in consequence of injuries received before, during or after birth
sec 160 - Culpable homicide
1) homicide may be culpable or not culpable
2) Homicide is culpable when it consists of the killing of any person :
a) by an unlawful act OR
b) by an omission without lawful excuse to observe or perform any legal duty OR
c) by both combined; OR
d) by causing that person by threats, fear of violence or by any deception, to do an act which causes his death; OR
e) by wilfully frightening a child or young person
3) Except as provided in sec 178, homicide that is culpable is either murder or manslaughter
4) homicide that is not culpable is not an offence
Sec 162 - death must be within a year and a day
1) no one is criminally responsible for the killing of another unless the death takes place within a year and a day after the cause of death
2) the period of a year and day shall be reckoned inclusive of the day on which the last unlawful act contributing to death took place
sec 163 - killing by influence on the mind
No one is criminally responsible for killing of another by influence on the mind alone, except by wilfully frightening a child under 16yrs, or a sick person
sec 166 - causing injury the treatment of which causes death
Everyone who causes to another person any bodily injury in itself of a dangerous nature, kills that person although the immediate cause of death, treatment proper or improper applied in good faith
sec 167 - Murder defined
Culpable murder is homicide in each of the following cases:
a) if the offender means to cause death to the person killed;
b) if the offender means to cause to the person killed, any bodily injury known by that offender to be likely to cause death, and is reckless whether or not death ensues;
c) if the offender means to cause death, or being so reckless as aforesaid, means to cause bodily injury as aforesaid to one person, and by accident or mistake kills another person, thought he does not mean to harm the person killed;
d) if the offenders for any unlawful object, does an act known by him to be likely to cause death, and thereby kills a person though he may desire his object without killing anyone
sec 168 CA61 - 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 GBH for the purposes of:
- facilitating the commission of any of the offences mentioned in subsection (2) of this section; OR
- facilitating the flight or avoiding the detecting of the offender upon the commission or attempted commission thereof; OR
- resisting lawful apprehension in respect of any offence whatsoever
AND
Death ensues
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
sec 173 CA61 - Attempted murder
14years
Everyone attempts to commit murder
sec 174 CA61 - Counselling / attempting to procure murder
10years
Everyone
Incites, counsels or attempts to procure
Any person to murder any other person in NZ
When that murder is not in fact committed
Sec 175 CA61 - Conspiracy to murder
1) 10years Everyone Conspires or agrees with any person To murder any other person Whether the murder is to take place in NZ or elsewhere
2) For the purposes of this section, “to murder” includes to cause the death of another person outside of NZ in circumstances that would amount to murder if that act were committed in NZ
(Note: applied regardless of whether murder is committed or not)
sec 176 CA61 - Accessory after the fact to murder
7years
Everyone is an accessory after the fact to murder
Elements:
Knowing any person has been party to the offence of murder
Receives/comforts/assists that person
OR
Actively suppresses or tampers with evidence against that person
In order to help him escape after arrest or to avoid arrest or conviction
Infanticide - sec 178(1) CA61
3years
A woman causes the death of any child of hers under the age of 10years
In circumstances that amount to culpable homicide, AND
At the time, the balance of her mind was so disturbed
By reason of:
- her not having fully recovered from the effects of child birth, of that child or of any other child, OR
- the effects of lactation, OR
- any disorder consequent upon childbirth or the effects of lactation
To such an extent that she cannot be held fully responsible
Is guilty of infanticide, and not of murder or manslaughter
Aiding/abetting suicide - sec 179 CA61
14years
Everyone:
a) incites, counsels, or procures any person to commit suicide if that person commits or attempts to commit suicide in consequence thereof;
OR
b) aids or abets any person in the commission of suicide
Suicide pact - sec 180(1) and (2) CA61
1) Everyone who in pursuance of a suicide pact kills any other person is guilty of manslaughter and not of murder and is liable accordingly
2) Where 2 or more persons enter into a suicide pact, and in pursuance of it one or more of them kills himself, any survivor is guilty of being a party to a dean under a suicide pact, and is liable to 5years imprison, he shall be convicted against sec 179 of this act
