Multi Choice

Question 1

1. Proximity relating to attempts.

Answer 1

A question of law by a judge

Question 2

2. Section 150A.

Answer 2

A very high degree of negligence or gross negligence

Question 3

3. Question about alibi and timeframes

Answer 3

14 days

Question 4

4. Question about what person A is liable for in a suicide pact is person B dies and person A survives.

Answer 4

Manslaughter, section 179

Question 5

5. What court does a 13 year old go to after murder?

Answer 5

Youth court and then high court after committal. (they word the answer in reverse)

Question 6

6. R v Cox ( complete the sentence)

Answer 6

R v Cox 7/11/96, CA213/96

Consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgment.”

Question 7

7. What is the burden of proof for insanity?

Answer 7

To the satisfaction of the jury on the balance of probabilities.

Question 8

8. Section 153. What is the age of the person who is employed under this section?

Answer 8

under the age of 16 years

Question 9

9. Question about defence establishing a lack of intent ?

Answer 9

Read over it in module,

As a very general guideline most offences in the Crimes Act will require an intent (mens rea) of some kind and would not be classed as strict liability offences. Therefore the defence of intoxication will be available to the defence to establish that the defendant did not have the requisite intent (mens rea) to carry out the offence.

Question 10

10. 162 (2) - 3 similar options, pick the right one

Answer 10

162 Death must be within a year and a day

(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.

Question 11

11. Penalty for Attempted Murder?

Answer 11

14 years imprisonment

Question 12

12. R v Tarei - 3 similar options, pick the right one.

Answer 12

R v Tarei (No 3) (5 August 2005, HC, Tauranga, CRI-2004-087-1673

Withdrawal of any form of life support system is not “treatment” under s166 Crimes Act 1961. To withdraw life support does not cause death but removes the possibility of extending the person’s life through artificial means.

Question 13

13. Section 181 - 3 similar options, pick the right one.

Answer 13

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 14

14. Complete the sentence - Question about appearing in the youth court first and then the high court.

Answer 14

??

Question 15

15. A question of law

Answer 15

In practice, medical witnesses are permitted to say whether they regard a disorder as a “disease of the mind”, as well as testifying as to the causes and symptoms of the condition diagnosed, but such a classification by medical witnesses is not final, and whether the particular condition is a disease of the
mind is a question of law for the Judge.

Disease of the mind is not a medical question but a legal one.

Question 16

16. R v Kampeli - 3 lines above box

Answer 16

The New Zealand Court of Appeal case, R v Kamipeli, makes it clear that, for intoxication to succeed as a defence, all you need to establish is reasonable doubt about the defendant’s required state of mind at the time of the offence.

Question 17

17. Notice of Alibi - Does the defence have to produce the name, the name and the phone number, or the name, the phone number and the probable location.

Answer 17

The particulars must include the witness’s name and address or any information that might provide material assistance in finding that witness.