Murder

Question 1

Definition of Murder (s167)

Answer 1

(a) to cause the death of the person killed
(b) to cause 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) to cause death, or being so reckless as aforesaid, means to cause such bodily injury to one person and by accident or mistake kills another person
(d) 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 anyone)

Question 2

Further definition of Murder (s168)

Answer 2

Murder is also any of the following cases (whether or not the offender means death to ensue, or knows/does not know death is likely to ensue):

(a) Means to cause GBH for the purpose of facilitating the commission of an offence against subsection 2, or facilitating the flight or avoiding the detection of the offender upon the commission/attempted commission thereof, or for the purpose of resisting lawful apprehension in respect of any offence whatsoever, and death ensues from such injury

(b) Administers any stupefying or overpowering thing for any of the purposes aforesaid, and death ensues from the effects thereof

(c) By any means wilfully stops the breath of any person for any of the purposes aforesaid, and death ensues from such stopping of breathing

Question 3

Must prove: Murder

Answer 3

(1) Intended to cause death, or
(2) Knew that death was likely, or
(3) Was reckless that death would ensue

Question 4

Must prove: Murder s167(b)

Answer 4

(1) Intended to cause bodily injury to the deceased, or
(2) Knew the injury was likely to cause death, or
(3) Was reckless as to whether death ensued or not

Question 5

Section 167(d) - Unlawful object

Answer 5

(1) There is no principle that the accused foresaw how the death would occur
(2) The unlawful object does not need to be the same as that injury that cause’s death

Question 6

Party to Murder - s168 (extended definition)
Section 66(2)

Answer 6

The secondary party must know the principal party might do the act that causes death (no need to prove that death was a probable consequence of carrying out the primary purpose)

Question 7

Life imprisonment - Section 102 Sentencing Act 2002

Answer 7

(1) Must be sentenced to life imprisonment, unless given the circumstances of the offence and the offender, a sentence of imprisonment would be manifestly unjust
(2) If a court does not impose a sentence of life imprisonment, it must give written reasons for not doing so

Question 8

Attempts (section 72, Crimes Act 1961)

Answer 8

(1) Having an intent to commit an offence
(2) Does or omits an act
(3) For the purpose of accomplishing his object

14yrs imprisonment (attempts to murder)

Question 9

Counselling / Attempting to Procure Murder
(Section 174, Crimes Act 1961)

Answer 9

10yrs imprisonment

(1) Incites, counsels or attempts to procure
(2) Any person
(3) To murder any person in New Zealand, when that murder is not in fact committed

Question 10

Conspiracy to Murder
(Section 175, Crimes Act 1961)

Answer 10

10yrs imprisonment

(1) Conspires or agrees
(2) With any person
(3) To murder any person
(4) Whether the murder is to take place in NZ or elsewhere

Regardless or whether murder is committed or not

Question 11

Accessory After The Fact to Murder
(Section 176, Crimes Act 1961)

Answer 11

7yrs imprisonment