More Qs

Question 1

Jury to decide on mother state of mind

Answer 1

If a women is charged with murder or manslaughter, but the jury believes her state of mind is due to the effects of childbirth, the jury is required to return a special verdict of acquittal on account of insanity caused by childbirth.

However the prosecution may file charging documents for both infanticide and murder of an infant and it is up to the jury to decide in the mothers state of mind

Question 2

154 - abandoning a child under 6

Answer 2

Liability of 7 year’s imprisonment for unlawfully abandoning or exposing any child under the age of 6

Question 3

163 - killing by influence on the mind

Answer 3

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

Question 4

R V Blaue

Answer 4

Those who use violence must take their victims as they find them

Question 5

R V Kirikiri

Answer 5

It was argued that a charge of murder should not proceed because the reasonable influence from the evidence was that the treatment had not merely aggravated the victims condition

but caused death independently of the injuries which were merely part of the history rather than an operating and substantial cause

Question 6

180 - suicide pact

Answer 6

1) Everyone who pursuance of a suicide pact kills any other person is guilty of manslaughter and not of murder

2) where two of more people 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 shall not be convicted of an offence under section 179 (aiding and abetting suicide)

3) for the purpose of this section the term suicide pact means a common agreement between two of more persons having for its object death of all of them who enters into a suicide pact shall be treated as done by himself in pursuance of the pact unless it is done while he has the settled intention of dying in pursuance of the pact

Question 7

181 - Concealing a child’s body

Answer 7

liable for two years imprisonment 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 during or after birth

Question 8

Must be done with intent of concealment of fact of birth

Answer 8

The requirement of the act of disposal must be done with intent of concealing the fact of birth may be satisfied even though the birth was known to some people but not others

Thus it will be enough that the intent was to conceal the birth from a particular individual

Question 9

General admissibility of hearsay

Answer 9

18 general admissibility of hearsay evidence act 2006

1) a hearsay statement is admissible in any proceeding if -

A) the circumstances relating to the statement provide reasonable assurance that the statement is reliable and

B) either
- the maker of the statement is unavailable as a witness
- the judge considers that undue expense or delay would be caused if the maker of the statement were required to be a witness

Question 10

Reasonable reassurance

Answer 10

• the nature of the statement
• the contents of the statement
• the circumstances relating to the making of the statement
• circumstances relating to the veracity of the person making the statement
• circumstances relating to the accuracy of the observation of the person

Question 11

Subjective / objective test

Answer 11

Once the defendant has decided that use of force is required (a subjective view on the circumstances as the defendant believed him), section 48 in introduces a test of reasonableness which involves an objective view as to the degree in manner of the force used

Question 12

Degree of force used - subjective criteria

Answer 12

• What are the circumstances that the defendant genuinely believed existed (whether they are mistaken or not)
• Do you accept that the defendant genuinely believe those facts?
• Is the force used reasonable in the circumstances believed to exist?

Question 13

Judge to decide evidential threshold

Answer 13

The judge decides whether the evidence could be the basis for self defence under 48 is fit to be left to the jury.

Self defence should be put to the jury unless it would be Impossible for the jury to entertain a reasonable doubt that the defendant had acted in the defence of himself herself or any other person with on the terms of section 48

Question 14

Definition of alibi

Answer 14

Is the play in a criminal charge of having been elsewhere at the material time, the fact of being elsewhere

Question 15

Terms of alibi

Answer 15

The defendant must provide the prosecutor with the particulars of any alibi witnesses they intend to use in court.

Written notice of an alibi is to be given by the defendant within 10 working days after the defendant has given notice under section 20

Question 16

Procedure when alibi witnesses are interviewed

Answer 16

1) Advise the defence Council of the proposed interview and give them a reasonable opportunity to be present

2) If the defendant is not represented, endeavour to ensure the witnesses interviewed in the presence of some independent person not being a member of the police

3) Make a copy of a witnessed signed statement taken at any such interview available to defence Council through the prosecutor. Any information that reflects on credibility of the alibi witnesses can be with held under section 16(1)(o)

Question 17

Consent - R V Cox

Answer 17

Consent must be full voluntary free and informed freely and voluntarily given by a person in a position to form a rational judgement