Liabilities

Question 1

Conspiring to commit offence

Answer 1

Section 310, Crimes Act 1961
(1) Subject to the provisions of subsection (2) of this section, every one who conspires with any person to commit any offence, or to do or omit, in any part of the world, anything of which the doing or omission in New Zealand would be an offence, is liable to imprisonment for a term not exceeding 7 years if the maximum punishment for that offence exceeds 7 years’ imprisonment, and in any other case is liable to the
same punishment as if he had committed that offence

(3) Where under this section any one is charged with conspiring to do or omit anything anywhere outside New Zealand, it is a defence to prove that the doing or omission of the act to which the conspiracy relates was not an offence under the law of the place where it was, or was to be, done or omitted..

Question 2

Attempting to commit an offence

Answer 2

Crimes Act 1961
72 Definition of attempts
(1) Every one 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

Question 3

Parties to offences

Answer 3

Section 66, Crimes Act 1961
(1) Every one is a party to and guilty of an offence who-
(a) Actually commits the offence; or
(b) Does or omits an act for the purpose of aiding any person to commit the
offence; or
(c) Abets any person in the commission of the offence; or
(d) Incites, counsels, or procures any person to commit the offence.

`(2) Where 2 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.

Question 4

Accessory after the fact

Answer 4

Section 71, Crimes Act 1961
(1) An accessory after the fact to an offence is one who, knowing any person to have been 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 to avoid arrest or conviction.

Question 5

Receiving

Answer 5

Section 246, Crimes Act 1961
(1) Every one is guilty of receiving who receives any property stolen or obtained by any other imprisonable offence, knowing that property to have been stolen or so obtained, or being reckless as to whether or not the property had been stolen or so obtained.

(3) The act of receiving any property stolen or obtained by any other imprisonable offence is complete as soon as the offender has, either exclusively or jointly with the thief or any other person, possession of, or control over, the property or helps in concealing or disposing of the property

Question 6

Sexual violation defined

Answer 6

Section 128, Crimes Act 1961
Sexual violation defined
(1) Sexual violation is the act of a person who—
(a) rapes another person; or
(b) has unlawful sexual connection with another person.

(2) Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis,—
(a) without person B’s consent to the connection; and
(b) without believing on reasonable grounds that person B consents to the connection.

(3) Person A has unlawful sexual connection with person B if person A has sexual connection with person B—
(a) without person B’s consent to the connection; and
(b) without believing on reasonable grounds that person B consents to the connection.

Question 7

Assault with intent to commit sexual violation

Answer 7

Section 129(2) Crimes Act 1961
(2) Every one who assaults another person with intent to commit sexual violation of the other person is liable to imprisonment for a term not exceeding 10 years.

Question 8

Sexual conduct with a child

Answer 8

Section 132, Crimes Act 1961
Sexual conduct with child under 12
(1) Every one who has sexual connection with a child is liable to imprisonment for a term not exceeding 14 years.
(2) Every one who attempts to have sexual connection with a child is liable to imprisonment for a term not exceeding 10 years.
(3) Every one who does an indecent act on a child is liable to imprisonment for a term not exceeding 10 years.
(4) It is not a defence to a charge under this section that the person charged, believed that the child was of or over the age of 12 years.
(5) It is not a defence to a charge under this section that the child consented.
(6) In this section,—
(a) child means a person under the age of 12 years; and
(b) doing an indecent act on a child includes indecently assaulting the child.

Question 9

Sexual conduct with young person

Answer 9

Section 134, Crimes Act 1961
Sexual conduct with young person under 16
(1) Every one who has sexual connection with a young person is liable to imprisonment for a term not exceeding 10 years.
(2) Every one who attempts to have sexual connection with a young person is liable to imprisonment for a term not exceeding 10 years.
(3) Every one who does an indecent act on a young person is liable to imprisonment for a term not exceeding 7 years.
(4) No person can be convicted of a charge under this section if he or she was married to the young person concerned at the time of the sexual connection or indecent act concerned.
(5) The young person in respect of whom an offence against this section was committed cannot be charged as a party to the offence if the person who committed the offence was of or over the age of 16 years when the offence was committed.
(6) In this section,—
(a) young person means a person under the age of 16 years; and
(b) doing an indecent act on a young person includes indecently assaulting the young person.

Question 10

Indecent assault

Answer 10

Section 135, Crimes Act 1961
Indecent assault
Every one is liable to imprisonment for a term not exceeding 7 years who indecently assaults another person.

Question 11

Incest

Answer 11

(1) Sexual connection is incest if—
(a) it is between 2 people whose relationship is that of parent and child, siblings, half-siblings, or grandparent and grandchild; and
(b) the person charged knows of the relationship.

Question 12

Dishonestly Taking or Using a Document

Answer 12

Section 228 Crimes Act 1961

Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to obtain any property, service, pecuniary advantage, or valuable consideration,—

(1) (a) dishonestly and without claim of right, takes or obtains any document; or
(1) (b) dishonestly and without claim of right, uses or attempts to use any document.

Question 13

Obtaining by Deception or Causing Loss by Deception

Answer 13

Section 240, Crimes Act 1961
Obtaining by deception or causing loss by deception
(1) Everyone is guilty of obtaining by deception or causing loss by deception who, by any deception and without claim of right,-
(a) obtains ownership or possession of, or control over, any property, or any privilege, service, pecuniary advantage, benefit, or valuable consideration, directly or indirectly; or
(b) in incurring any debt or liability, obtains credit; or
(c) induces or causes any other person to deliver over, execute, make, accept, endorse, destroy, or alter any document or thing capable of being used to derive a pecuniary advantage; or
(d) causes loss to any other person.

Question 14

Propensity Rule

Answer 14

Section 40, Evidence Act 2006
Propensity rule
(1) In this section and sections 41 to 43, propensity evidence—
(a) means evidence that tends to show a person’s propensity to act in a particular way or to have a particular state of mind, being evidence of acts, omissions, events, or circumstances with which a person is alleged to have been involved; but
(b) does not include evidence of an act or omission that is—
(i) 1 of the elements of the offence for which the person is being tried; or
(ii) the cause of action in the proceeding in question.

Question 15

Forgery

Answer 15

Section 256, Crimes Act 1961

(1) Every one is liable to imprisonment for a term not exceeding 10 years who makes a false document with the intention of using it to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration.
(2) Every one is liable to imprisonment for a term not exceeding 3 years who makes a false document, knowing it to be false, with the intent that it in any way be used or acted upon, whether in New Zealand or elsewhere, as genuine.
(3) Forgery is complete as soon as the document is made with the intent described in subsection (1) or with the knowledge and intent described in subsection (2).
(4) Forgery is complete even though the false document may be incomplete, or may not purport to be such a document as would be binding or sufficient in law, if it is so made and is such as to indicate that it was intended to be acted upon as genuine

Question 16

Using Forged Documents

Answer 16

257 Using forged documents

(1) Every one is liable to imprisonment for a term not exceeding 10 years who, knowing a document to be forged, -
(a) uses, the document to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
(b) uses, deals with, or acts upon the document as if it were genuine; or
(c) causes any other person to use, deal with, or act upon it as if it were genuine.

Question 17

Altering, concealing, destroying, or reproducing documents with intent to deceive

Answer 17

258 Altering, concealing, destroying, or reproducing documents with intent to deceive

(1) Every one is liable to imprisonment for a term not exceeding 10 years who, with intent to obtain by deception any property, privilege, service, pecuniary advantage, benefit, or valuable consideration, or to cause loss to any other person,—
(a) alters, conceals, or destroys any document, or causes any document to be altered, concealed, or destroyed; or
(b) makes a document or causes a document to be made that is, in whole or in part, a reproduction of any other document.

Question 18

Damaging or interfering with a computer system

Answer 18

Section 250, Crimes Act 1961
Damaging or interfering with a Computer System
(1) Every one is liable to imprisonment for a term not exceeding 10 years who intentionally or recklessly destroys, damages, or alters any computer system if he or she knows or ought to know that danger to life is likely to result.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who intentionally or recklessly, and without authorisation, knowing that he or she is not authorised, or being reckless as to whether or not he or she is authorised,—
(a) damages, deletes, modifies, or otherwise interferes with or impairs any data or software in any computer system; or
(b) causes any data or software in any computer system to be damaged, deleted, modified, or otherwise interfered with or impaired; or
(c) causes any computer system to—
(i) fail; or
(ii) deny service to any authorised users.

Question 19

Accessing computer system without authorisation

Answer 19

Section 252, Crimes Act 1961
Accessing computer system without authorisation
(1) Every one is liable to imprisonment for a term not exceeding 2 years who intentionally accesses, directly or indirectly, any computer system without authorisation, knowing that he or she is not authorised to access that computer system, or being reckless as to whether or not he or she is authorised to access that computer system.

Question 20

Wounding with intent

Answer 20

Section 188, Crimes Act 1961
Wounding with intent
(1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to cause grievous bodily harm to any one, wounds, maims, disfigures, or causes grievous bodily harm to any person.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to injure anyone, or with reckless disregard for the safety of others, wounds, maims, disfigures, or causes grievous bodily harm to any person.

Question 21

Injuring With Intent

Answer 21

Section 189, Crimes Act 1961
Injuring with intent
(1) Every one is liable to imprisonment for a term not exceeding 10 years who, with intent to cause grievous bodily harm to any one, injures any person.
(2) Every one is liable to imprisonment for a term not exceeding 5 years who, with intent to injure any one, or with reckless disregard for the safety of others, injures any person.

Question 22

Aggravated wounding or injury

Answer 22

Section 191, Crimes Act 1961
Aggravated wounding or injury
(1) Every one is liable to imprisonment for a term not exceeding 14 years who with intent—
(a) To commit or facilitate the commission of any imprisonable offence; or
(b) To avoid the detection of himself or of any other person in the commission of any imprisonable offence; or
(c) To avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence—
wounds, maims, disfigures, or causes grievous bodily harm to any person, or stupefies or renders unconscious any person, or by any violent means renders any person incapable of resistance.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who, with any such intent as aforesaid, injures any person.

Question 23

Aggravated Assault

Answer 23

Aggravated Assault

(1) Every one is liable to imprisonment for a term not exceeding 3 years who assaults any other person with intent-
(a) To commit or facilitate the commission of any imprisonable offence; or
(b) To avoid the detection of himself or of any other person in the commission of any imprisonable offence; or
(c) To avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence.

(2) Every one is liable to imprisonment for a term not exceeding 3 years who assaults any constable or any person acting in aid of any constable, or any person in the lawful execution of any process, with intent to obstruct the person so assaulted in the execution of his duty..

Question 24

Discharging firearm or doing dangerous act with intent

Answer 24

Section 198, Crimes Act 1961
Discharging firearm or doing dangerous act with intent
(1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to do grievous bodily harm,—
(a) Discharges any firearm, airgun, or other similar weapon at any person; or
(b) Sends or delivers to any person, or puts in any place, any explosive or injurious substance or device; or
(c) Sets fire to any property.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to injure, or with reckless disregard for the safety of others, does any of the acts referred to in subsection (1) of this section.

Question 25

Using firearm against law enforcement officer

Answer 25

Section 198A, Crimes Act 1961
Using any firearm against law enforcement officer, etc
(1) Every one is liable to imprisonment for a term not exceeding 14 years who uses any firearm in any manner whatever against any constable, or any traffic officer, or any prison officer, acting in the course of his or her duty knowing that, or being reckless whether or not, that person is a member of the Police or a traffic officer or a prison officer so acting.

(2) Every one is liable to imprisonment for a term not exceeding 10 years who uses any firearm in any manner whatever with intent to resist the lawful arrest or detention of himself or herself or of any other person.]

Question 26

Commission of an imprisonable offence with firearm

Answer 26

Section 198B, Crimes Act 1961
Commission of an Imprisonable Offence with firearm
(1) Every one is liable to imprisonment for a term not exceeding 10 years who,—
(a) In committing any imprisonable offence, uses any firearm; or
(b) While committing any imprisonable offence, has any firearm with him or her in circumstances that prima facie show an intention to use it in connection with that imprisonable offence.

Question 27

Robbery

Answer 27

Section 234, Crimes Act 1961
Robbery
(1) Robbery is theft accompanied by violence or threats of violence, to any person or property, used to extort the property stolen or to prevent or overcome resistance to its being stolen.

Question 28

Aggravated robbery

Answer 28

Section 235, Crimes Act 1961
Aggravated robbery
Every one is liable to imprisonment for a term not exceeding 14 years who—
(a) robs any person and, at the time of, or immediately before or immediately after, the robbery, causes grievous bodily harm to any person; or
(b) being together with any other person or persons, robs any person; or
(c) being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument, robs any other person.

Question 29

Assault with intent to rob

Answer 29

Section 236, Crimes Act 1961
Assault with intent to rob
(1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to rob any person,—
(a) causes grievous bodily harm to that person or any other person; or
(b) being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument, assaults that person or any other person; or
(c) being together with any other person or persons, assaults that person or any other person.

(2) Every one who assaults any person with intent to rob that person or any other person is liable to imprisonment for a term not exceeding 7 years

Question 30

Blackmail

Answer 30

Section 237, Crimes Act 1961
Blackmail
(1) Every one commits blackmail who threatens, expressly or by implication, to make any accusation against any person (whether living or dead), to disclose something about any person (whether living or dead), or to cause serious damage to property or endanger the safety of any person with intent—
(a) to cause the person to whom the threat is made to act in accordance with the will of the person making the threat; and
(b) to obtain any benefit or to cause loss to any other person.

Question 31

Demanding with intent to steal, etc

Answer 31

Section 239, Crimes Act 1961
Demanding with intent to steal, etc
(1) Every one is liable to imprisonment for a term not exceeding 14 years who, without claim of right, by force or with any threat, compels any person to execute, make, accept, endorse, alter, or destroy any document capable of conferring a pecuniary advantage with intent to obtain any benefit.
(2) Every one is liable to imprisonment for a term not exceeding 7 years who, with menaces or by any threat, demands any property from any persons with intent to steal it.

Question 32

Abduction for marriage or sexual connection

Answer 32

Section 208, Crimes Act 1961
Abduction for purposes of marriage or sexual connection
Every one is liable to imprisonment for a term not exceeding 14 years who unlawfully takes away or detains a person without his or her consent or with his or her consent obtained by fraud or duress,—
(a) with intent to marry him or her; or
(b) with intent to have sexual connection with him or her; or
(c) with intent to cause him or her to be married to or to have sexual connection with some other person.

Question 33

Kidnapping

Answer 33

Section 209, Crimes Act 1961
Kidnapping
Every one is liable to imprisonment for a term not exceeding 14 years who unlawfully takes away or detains a person without his or her consent or with his or her consent obtained by fraud or duress,—
(a) with intent to hold him or her for ransom or to service; or
(b) with intent to cause him or her to be confined or imprisoned; or
(c) with intent to cause him or her to be sent or taken out of New Zealand.

Question 34

Abduction of young person under 16

Answer 34

Section 210, Crimes Act 1961
Abduction of young person under 16
(1) Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to deprive a parent or guardian or other person having the lawful care or charge of a young person of the possession of the young person, unlawfully takes or entices away or detains the young person.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who receives a young person, knowing that he or she has been unlawfully taken or enticed away or detained with intent to deprive a parent or guardian or other person having the lawful care or charge of him or her of the possession of him or her.

Question 35

Dealing legislation (drugs)

Answer 35

s6 Dealing with controlled drugs
(1) Except as provided in section 8 of this Act, or pursuant to a licence under this Act, or
as otherwise permitted by regulations made under this Act, no person shall—
(a) Import into or export from New Zealand any controlled drug, other than a
controlled drug specified or described in Part 6 of Schedule 3 to this Act ; or
(b) Produce or manufacture any controlled drug; or
(c) Supply or administer, or offer to supply or administer, any Class A controlled
drug or Class B controlled drug to any other person, or otherwise deal in any
such controlled drug; or
(d) Supply or administer, or offer to supply or administer, any Class C controlled
drug to a person under 18 years of age; or
(e) Sell, or offer to sell, any Class C controlled drug to a person of or over 18 years
of age; or
(f) Have any controlled drug in his possession for any of the purposes set out in
paragraphs (c), (d), or (e) of this subsection.

Question 36

Equipment, material, and substances used in production or cultivation of controlled drugs

Answer 36

Section 12A Misuse of Drugs Act 1975
Equipment, material, and substances used in production or cultivation of
controlled drugs
(1) Every person commits an offence against this Act who supplies, produces, or
manufactures—
(a) Any equipment or material that is capable of being used in, or for, the commission
of an offence against section 6(1)(b) or section 9 ; or
(b) Any precursor substance—
knowing that the equipment, material, or substance is to be used in, or for, the
commission of an offence against those provisions.

(2) Every person commits an offence against this Act who has in his or her possession—
(a) Any equipment or material that is capable of being used in, or for, the
commission of an offence against section 6(1)(b) or section 9 ; or
(b) Any precursor substance—
with the intention that the equipment, material, or substance is to be used in, or
for, the commission of an offence against that provision.

(3) Every person who commits an offence against this section is liable on conviction —
(a) In the case of an offence against subsection (1), to imprisonment for a term not
exceeding 7 years:
(b) In the case of an offence against subsection (2), to imprisonment for a term not
exceeding 5 years.

Question 37

Arson

Answer 37

Section 267 Crimes Act 1961
Arson
(1) Every one commits arson and is liable to imprisonment for a term not exceeding 14
years who—
(a) intentionally or recklessly damages by fire or by means of any explosive any
property if he or she knows or ought to know that danger to life is likely to
ensue; or
(b) intentionally or recklessly, and without claim of right, damages by fire or by
means of any explosive any immovable property, or any vehicle, ship, or
aircraft, in which that person has no interest; or
(c) intentionally damages by fire or by means of any explosive any immovable
property, or any vehicle, ship or aircraft, with intent to obtain any benefit, or to
cause loss to any other person.

(2) Every one commits arson and is liable to imprisonment for a term not exceeding 7
years who—
(a) intentionally or recklessly, and without claim of right, damages by fire or by
means of any explosive any property in which that person has no interest (other
than property referred to in subsection (1)); or
(b) intentionally or recklessly damages by fire or by means of any explosive any
property (other than property referred to in subsection (1)) with intent to obtain
any benefit, or with intent to cause loss to any other person.

(3) Every one is liable to imprisonment for a term not exceeding 5 years who intentionally damages by fire or by means of any explosive any property with reckless disregard for the safety of any other property.

Question 38

Attempted arson

Answer 38

Attempted arson
Every one is liable to imprisonment for a term not exceeding 10 years who attempts to commit arson in respect of any immovable property or any vehicle, ship, or aircraft.

Question 39

Homicide defined

Answer 39

158 Homicide defined

Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever.

Question 40

Killing of a child

Answer 40

159 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 navel string is severed or not.
(2) The killing of such child is homicide if it dies in consequence of injuries received before, during, or after birth.

Question 41

Culpable homicide

Answer 41

160 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 16 years 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.

Question 42

Murder defined

Answer 42

167 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 any one.

Question 43

Further definition of murder

Answer 43

168 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 wilfully stops the breath of any person for any of the purposes aforesaid, and death ensues from such stopping of breath.

Question 44

Infanticide

Answer 44

178 Infanticide
(1) 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.

Question 45

Conspiracy to murder

Answer 45

175 Conspiracy to murder

(1) Every one is liable to imprisonment for a term not exceeding 10 years who conspires or agrees with any person to murder any other person, whether the murder is to take place in New Zealand or elsewhere.
(2) For the purposes of this section, the expression To murder includes to cause the death of another person out of New Zealand in circumstances that would amount to murder if the act were committed in New Zealand.

Question 46

Duty to provide the necessaries and protect from injury

Answer 46

151 Duty to provide the necessaries and protect from injury

(1) 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

Question 47

Duty of parent or guardian to provide necessaries and protect from injury

Answer 47

152 Duty of parent or guardian to provide necessaries and protect from injury

(1) 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.

Question 48

Duty of employers to provide necessaries

Answer 48

153 Duty of employers to provide necessaries
(1) 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.

Question 49

Abandoning a child

Answer 49

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.

Question 50

Killing by influence on the mind

Answer 50

163 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 16 years 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.

Question 51

Aiding and abetting suicide

Answer 51

179 Aiding and abetting suicide
Every one is liable to imprisonment for a term not exceeding 14 years 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

Question 52

Suicide pact

Answer 52

180 Suicide pact
(1) Every one 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 5 years; but he shall not be convicted of an offence against section 179 of this Act.
(3) For the purposes of this section the term suicide pact means a common agreement between 2 or more persons having for its object the death of all of them, whether or not each is to take his own life; but nothing done by a person who enters into a suicide pact shall be treated as done by him in pursuance of the pact unless it is done while he has the settled intention of dying in pursuance of the pact.

Question 53

Concealing dead body of child

Answer 53

181 Concealing dead body of child
Every one is liable to imprisonment for a term not exceeding 2 years who disposes of the dead body of any child in any manner with intent to conceal the fact of its birth, whether the child died before, or during, or after birth

Question 54

Defences for children are set out in s21 and s22 of the Crimes Act 1961.

Answer 54

21 Children under 10
(1) No person shall be convicted of an offence by reason of any act done or omitted by him when under the age of 10 years.

22 Children between 10 and 14
(1) No person shall be convicted of an offence by reason of any act done or omitted by him when of the age of 10 but under the age of 14 years, unless he knew either that the act or omission was wrong or that it was contrary to law

Question 55

Insanity

Answer 55

23 Insanity
(1) Every one shall be presumed to be sane at the time of doing or omitting any act until
the contrary is proved.
(2) No person shall be convicted of an offence by reason of an act done or omitted by him when labouring under natural imbecility or disease of the mind to such an extent as to render him incapable—
(a) Of understanding the nature and quality of the act or omission; or
(b) Of knowing that the act or omission was morally wrong, having regard to the
commonly accepted standards of right and wrong.

Question 56

Ignorance of law

Answer 56

25 Ignorance of law

The fact that an offender is ignorant of the law is not an excuse for any offence committed by him.

Question 57

Compulsion

Answer 57

24 Compulsion
(1) Subject to the provisions of this section, a person who commits an offence under compulsion by threats of immediate death or grievous bodily harm from a person who is present when the offence is committed is protected from criminal responsibility if he believes that the threats will be carried out and if he is not a party to any association or conspiracy whereby he is subject to compulsion

Question 58

Self-defence and defence of another

Answer 58

48 Self-defence and defence of another
Every one is justified in using, in the defence of himself or another, such force as, in the circumstances as he believes them to be, it is reasonable to use.