M Flashcards
Define ‘Legal Duty’
Duties imposed by statute or common law including uncodified common law duties
Legal duties are obligations enforced by law to ensure compliance with legal standards.
Outline section 163 of the Crimes Act 1961
No one is criminally responsible for killing another by influence on the mind alone, except by wilfully frightening a child under 16 or a sick person
This section establishes the limitations of criminal responsibility regarding psychological influence.
What is required state of mind for section 167(b) of the Crimes Act 1961?
Must establish that the accused:
* Intended to cause bodily injury to the deceased
* Knew the injury was likely to cause death
* Was reckless as to whether death ensued or not
This outlines the mental state necessary for culpability in serious offenses.
You cannot use the defence of consent to assault in which cases?
Consent cannot be used in:
* Aiding suicide
* Criminal actions
* Injury likely to cause death
* Bodily harm likely to cause a breach of the peace
* Indecency offences
* Placing someone at risk of death or bodily harm
These exceptions highlight the limitations of consent in legal defenses.
Outline R v Blaue
Those who use violence must take their victims as they find them
This case emphasizes the principle that aggressors are responsible for the consequences of their actions, regardless of the victim’s pre-existing conditions.
When is a hearsay statement admissible?
A hearsay statement is admissible in any proceeding if:
* The circumstances relating to the statement provide reasonable assurance that the statement is reliable
* The maker of the statement is unavailable as a witness or undue expense or delay would be caused if the maker were required to be a witness
Hearsay statements can often be contentious in legal contexts, and their admissibility depends on specific conditions being met.
What was held in R v Clancy regarding evidence of a child’s birth?
The best evidence as to the date and place of a child’s birth will normally be provided by a person attending at the birth or the child’s mother. Production of the birth certificate, if available, may have added to the evidence but was not essential.
This case emphasizes the importance of direct testimony over documentary evidence in certain circumstances.
Define Automatism.
Automatism can best be described as a state of total blackout, during which a person is not conscious of their actions and not in control of them.
Automatism can be a significant factor in legal defenses, particularly in criminal cases.
What is the difference between Sane and Insane Automatism?
Sane automatism results from:
* Somnambulism (sleepwalking)
* A blow to the head
* The effects of drugs
Insane automatism results from a mental disease.
The distinction is crucial since sane automatism may lead to acquittal, while insane automatism may lead to a different legal outcome.
What is the Courts’ view of entrapment in New Zealand?
The courts have rejected entrapment as a defence per se, preferring instead to rely on the discretion of the trial judge to exclude evidence that would operate unfairly against the accused.
This approach indicates a focus on the fairness of the trial rather than the actions of law enforcement.
Outline the subjective and objective tests relating to section 48 of the Crimes Act 1961.
The subjective test involves the accused’s belief that the use of force was required. The objective test involves a reasonableness assessment of the degree and manner of the force used.
This dual testing framework helps ensure that self-defense claims are evaluated from both the perspective of the accused and the standards of reasonable behavior.
What was held in Police v Lavelle?
It is permissible for undercover officers to merely provide the opportunity for someone who is ready and willing to offend, as long as the officers did not initiate the person’s interest or willingness to offend.
What is the procedure when alibi witnesses are interviewed?
The O/C case should not interview an alibi witness unless the prosecutor requests them to do so. Follow this procedure:
* Advise the defence counsel of the proposed interview and give them a reasonable opportunity to be present
* If the accused is not represented, ensure the witness is interviewed in the presence of an independent person not being a member of the Police
* Make a copy of a witness’s signed statement available to defence counsel through the prosecutor.
What information can be withheld regarding the credibility of the alibi witness?
Any information that reflects on the credibility of the alibi witness can be withheld under s16(1)(o).
What must the Defendant disclose to the Prosecution if calling an expert witness?
The Defendant must disclose:
* Any brief of evidence to be given or any report provided by that witness, or
* A summary of the evidence to be given and the conclusions of any report to be provided.
What is the deadline for disclosing information about an expert witness?
This information must be disclosed at least 14 days before the date fixed for the defendant’s hearing or trial, or within any further time that the court may allow (s23(1)).
True or False: Intoxication was historically considered a defense to a criminal charge.
False.
Under what circumstances may intoxication be a defense to the commission of an offense?
Intoxication may be a defense:
* Where it causes a disease of the mind under s23 (Insanity) of the Crimes Act 1961
* If intent is required and the drunkenness is such that the defense can plead a lack of intent.
* Where the intoxication causes a state of automatism (complete acquittal)
What is an alibi?
An alibi is the plea in a criminal charge of having been elsewhere at the material time.
The definition is sourced from the Chambers 20th Century Dictionary.
What is the legal definition of infanticide according to Section 178?
Infanticide occurs when a woman causes the death of a child under 10 years, and at the time, her mind was disturbed due to childbirth or lactation effects.
The woman is guilty of infanticide and not murder or manslaughter, liable to imprisonment for up to 3 years.
Under what conditions is a hearsay statement admissible according to Section 18 of the Evidence Act 2006?
A hearsay statement is admissible if:
* The circumstances provide reasonable assurance of reliability
* The maker is unavailable or undue expense/delay would occur.
These conditions ensure the integrity of the evidence presented.
What are mitigating circumstances in voluntary manslaughter?
Mitigating circumstances reduce murder to manslaughter, even if the defendant intended to kill, such as a suicide pact.
Examples of mitigating circumstances can influence sentencing.
Define involuntary manslaughter.
Involuntary manslaughter involves unlawful killing resulting from an unlawful act or gross negligence, with no intention to kill.
It includes culpable homicide not covered under specific sections of the law.
Fill in the blank: Infanticide applies when a woman has not fully recovered from the effects of _______.
[childbirth or lactation]
True or False: A hearsay statement can be admitted if the maker of the statement is available as a witness.
False
The statement can only be admitted if the maker is unavailable or if requiring them as a witness would cause undue expense or delay.
List the two types of circumstances that can make a hearsay statement admissible.
- Reasonable assurance of reliability
- Unavailability of the maker or undue expense/delay
These criteria help maintain the reliability of evidence in legal proceedings.
What is the maximum imprisonment term for infanticide?
3 years.
What distinguishes involuntary manslaughter from other types of homicide?
Involuntary manslaughter does not involve intention to kill or cause grievous bodily harm.
It specifically addresses unlawful acts or gross negligence leading to death.
The key difference between manslaughter and murder depends on the mental element that must be established to support the charge.
