Liabilities Flashcards
s159 - Killing of a child
(1) A child become 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 navel string is 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
s160 - Culpable homicide
(1) Homicide may be either culpable or not culpable
(2) Homicide is culpable when it consists in the killing of any 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; or
(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 16yrs or a sick person
s163 - Killing by influence on the mind
No one is criminally responsible for the killing of another by any influence on the mind alone, except by wilfully frightening a child under the age of 16yrs or a sick person, nor for the killing of another by any disorder or disease arising from such influence, except by wilfully frightening any such child as aforesaid or a sick person
s167 - Murder defined
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 anyone
s66 (2) - Parties to offences
Where two or more persons form a common intention to prosecute any unlawful purpose, and to assist each other therein, each of them is a party to every offence committed by any one of them in the prosecution of the common purpose if the commission of that offence was known to be a probable consequence of the prosecution of the common purpose
s72(1) - Attempts
Everyone who, having an intent to commit an offence, does or omits, an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not
s173 - Attempt to murder
Everyone who attempts to commit murder is liable to imprisonment for a term not exceeding 14yrs
174 - Counselling or attempting to procure murder
Everyone is liable to imprisonment for a term not exceeding 10yrs who
Incites, counsels, or attempts to procure any person to murder any other person in NZ, when that murder is not in fact committed
s175 - Conspiracy to murder
(1) Everyone is liable to imprisonment for a term not exceeding 10yrs who
conspires or agrees with any person to murder any other person, whether the murder is to take place in NZ or elsewhere
applies whether murder is committed or not
s176 - Accessory after the fact to murder
Everyone is liable to imprisonment for a term not exceeding 7yrs who is an accessory after the fact to murder
150A(2) Standard of care applicable to persons under legal duties or performing unlawful acts
For the purpose of the part, a person is criminally responsible for omitting to discharge or perform a legal duty, or performing an unlawful act, to which this section applies only if, in the circumstances, the omission or unlawful act is a major departure from the standard of care expected of a reasonable person to whom that legal duty applies or who performs that unlawful act
s179 - Aiding and abetting suicide
Everyone is liable to imprisonment for a term not exceeding 14yrs who -
(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
s180 suicide pact
(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 death under a suicide pact contrary to this subsection and is liable to imprisonment for a term not exceeding 5yrs; but he shall not be convicted of an offence against s179 of this act
