Likely Questions Flashcards
Q and A
What is the penalty for attempted murder?
14 years imprisonment
Define R v Tarei
Withdrawal of any form of life support system is not “treatment” under s166 CA 61. To withdraw life support does not cause death but removes the possibility of extending the person’s life through artificial means.
Outline section 181 of the Crimes Act 1961
concealing a dead body of a child
Everyone 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.
In which Court does a youth facing a charge of murder or manslaughter appear?
Young persons over 14 years of age are usually dealt with under the youth justice provisions of the CYPF Act although charges of murder and manslaughter will be heard in the High Court following the committal process in the Youth Court.
A question of law relating to whether the condition is a disease of the Mind is answered by whom
The Judge
What the accused’s state of mind I was at the time of the offence is a question decided by whom
The jury
What was held in R v Kamipeli
It does not have to be shown that the defendant was incapable of forming the men’s rea, merely that, because of their drunken state, they did not have the proper state of mind to be guilty.
What is the burden of proof for insanity
The accused is not required to prove the defence of insanity beyond Reasonable Doubt, but to the satisfaction of the jury on the balance of probabilities.
Section 153 of the Crimes Act 1961, what is the relevant age of the person who is employed
Under the age of 16 years
Where a charge of infanticide is laid, who decides on the Mother’s State of Mind
The jury
Pursuant to section 22(3)(a) of the Criminal Disclosure Act 2008, the notice under subsection (1) must include:
(3) without limiting subsection (1)
the noticed under subsection (1) must include the name and address of the witness or, if the name and address is not known to the defendant when the notice is given, any matter known by the defendant that might be of material assistance in finding that witness;
Before a conviction can be obtained for manslaughter, where one of the sections referred to is section 150A(1) of the CA 61, what must the prosecution prove?
A very high degree of negligence or gross negligence
Proximity is a question of law decided by whom?
The Judge
Written notice of an alibi is to be given by the defendant:
Within 10 working days after the defendant is given notice under section 20 of the criminal Disclosure Act 2008
Written notice of an alibi is to be given by the defendant:
Within 10 working days after the defendant is given notice under section 20 of the criminal Disclosure Act 2008
Define R V Cox
Consent must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to form a rational judgment.
As a general guideline, most offences within the Crimes Act 1961, will require an intent (men’s rea) of some kind. Outline a defence that would therefore be generally available?
The defence of intoxication will be available to the defence to establish that the defendant did not have the required intent to carry out the offence.
Provide an overview of the culpability of persons involved in suicide pacts
Any Survivor of a suicide pact is guilty of being a party to a death (if death of another person within the pact ensues)
Outline section 25 of the Crimes Act 1961, ignorance of the law?
The fact that an offender is ignorant of the law is not an excuse for any offence committed by him.
Define “Proximity” relating to attempts
Proximity is a question of the law; it is a question that is decided by the judge based on the assumption that the facts of the case are proved.
Section 150A
Before a conviction can be obtained for manslaughter where one of the sections referred to in section 150A(1) the prosecution must prove a “very high degree of negligence” or “gross negligence”. The expressions “very high degree” and “gross negligence” are not defined by statute.
Children aged 10 to 13 years of age charged with murder or manslaughter
10-13 year olds charged with murder or manslaughter (a category 4 offence) are usually dealt with under the youth Justice provisions of the CYPF Act. However, charges of murder and manslaughter will be heard in the High Court following the first appearance in the court in which the charging document was filed.
Define section 162 Crimes Act 1961
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 a day shall be reckoned inclusive of the day on which the last unlawful act contributing to the cause of death took place.
3) where the cause of death is an omission to fill a legal Duty, the period shall be reckoned inclusive of the day on which such omissions ceased.
4) where death is in part caused by an unlawful act and in part by an omission, the period shall be reckoned inclusive of the day on which the last unlawful act took place or The omission ceased, whichever happened last.
Outline “M’Naghten’s rules”
The M’Naghten’s rules (or test) is frequently used to establish whether or not A defendant is insane.
It is based on the person’s ability to think rationally, so that if a person is insane they were acting under such a defect of Reason from a disease of the mind that they did not know:
- the nature and quality of the actions, OR
- that what they were doing was wrong
List 4 statutory legal duties in respect of the Crimes Act 1961
The expression “Legal Duty” refers to those duties imposed by statute or common law including uncodified common law duties:
duties imposed by statute are mainly common law duties that have been embodied in statute. The CA 61 defines duties to :
1) provide the necessaries and protect from injury (S151)
2) provide necessaries and protect from injury to your charges when you are a parent or Guardian (S152)
3) provide necessaries as an employer (S153)
4) use reasonable knowledge and skill when performing dangerous acts, such as surgery (S155)
5) take precautions when in charge of dangerous things, such as machinery (S156)
6) avoid omissions that will endanger life (S157)
List the differences between counselling or attempting to procure murder s174 and conspiracy to murder s175
Counselling or attempting to procure murder requires that the offence is to be committed in New Zealand, whereas conspiracy to murder, the murder can take place in New Zealand or elsewhere.
Counselling or attempting to procure murder only applies if the murder is not in fact committed, whereas conspiracy to murder applies regardless of whether murder is committed or not.
Section 159(1) & 2 of the CA 61 defines when a child becomes a human being and is therefore able to be murdered under S158. Detail the provisions of section 159(1) & (2)
S159(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 it’s mother, whether it has breathed or not, whether it has an independent circulation or not, and whether the navel string is severed or not.
S159(2)
the killing of such child is homicide if it dies in consequence of injuries received before, during, or after birth.
Define Homicide, S158 of the CA 61
Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever.
What was held in R v Mane
For a person to be an accessory the offence must be completed at the time of the criminal involvement.
One cannot be convicted of being an accessory after the fact of murder when the actus reas of the alleged criminal conduct was wholly completed before the offence of homicide was completed.
State the ingredients of infanticide (s178 of the CA 61)
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.
What does R v Myatt state about an unlawful act in respect of section 160(2)(a) of the CA 61
Before a breach of any act, regulation or bylaw would be an unlawful act under section 160 for the purposes of culpable homicide, it must be an act likely to do harm to the deceased or To some class of persons of whom he was one.
What was held in R V Tomars
Formulates the issues in the following way:
- Was the deceased threatened by, in fear of or deceived by The Accused?
- If they were, did such threats, fair or deception cause the deceased to do the act that caused their death?
- Was the act a natural consequence of the actions of the accused, in the sense that reasonable and responsible people in the accused’s position at the time could reasonably have foreseen the consequences?
- Did these foreseeable actions of the victim contribute in a significant way to his death?
In general, no one is criminally responsible for the killing of another by any chance of the Mind.
What are the exceptions to this rule?
Willfully frightening a child under 16 years of age
Willfully frightening a sick person ( mentally or physically)
Section 163
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 or a sick person, nor the killing of another by any disorder or disease arising from such influence, except by wilfully frightening any such child as foresaid or sick person
What is meant by the term “justified”
provide two examples
Some acts are justified even when they result in death.
Section 2 provides that when an act is justified the perpetrator is exempt from both criminal and Civil liability
Examples of such acts include:
- homicide committed in self-defence (s48)
- homicide committed to prevent suicide or commission of an offence which would likely cause immediate and serious injury to the person or property of any one (s41)
Why is attempted murder one of the most difficult offences in the Crimes Act 1961 to prove beyond Reasonable Doubt?
R v Murphy
when proving an attempt to commit an offence it must be shown that the accused’s intention was to commit the substantive offence.
For example, in a case of attempted murder it is necessary for the Crown to establish an actual intent to kill.