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My CIB Modules > Murder > Flashcards

Murder Flashcards

1
Q

Case law

Murray Wright Ltd

A

Because the killing must be done by a human being, an organisation cannot be convicted as a principal offender:

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2
Q

Definition

Definition of homicide

A

Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever.

S158 Crimes Act 1961

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3
Q

When does a child become a human being?

A

When it has proceeded in a living state from it’s mother.

S159 Crimes Act 1961

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4
Q

Case law

R v Myatt

A

An unlawful act must be an act likely to do harm to the deceased.

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5
Q

Caselaw

R v Tomars

A
  1. Was the deceased threatened by, in fear of or deceived by the defendant?
  2. Did this cause the deceased to do the act causing death?
  3. Would a reasonable and responsible people in the defendant’s position have foreseen the consequences?
  4. Did these foreseeable actions of the victim significantly contribute to his death?
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6
Q

Describe S163 of the Crimes Act 1961

A

Killing by influence on the mind alone is not a crime except for wilfully frightening a child under 16 or a sick person.

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7
Q

Caselaw

R v Horry

A

Death should be provable by circumstances that render it certain and leave no ground for reasonable doubt.

For when there is no body.

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8
Q

When is homicide protected from criminal and civil liability?

A

S48 and S41

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9
Q

What is required to establish death?

A
  1. Death occured
  2. The deceased is identified as the person who has been killed.
  3. The killing is culpable
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10
Q

What is required to prove a charge of murder?

A
  1. The offender intended for the victim to die
  2. The offender knew that death was likely to ensue
  3. The offender was reckless as to whether death would ensue.
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11
Q

Caselaw

R v Desmond

A

The object must be unlawful and the accused must know that it
is likely to cause death.

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12
Q

Caselaw

R v Piri

A

Recklessness involves a deliberate risk taking. The accused must recognise a real or substantial risk that death would be caused.

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13
Q

Caselaw

R v Murphy

A

To prove an attempt to commit an offence it must be shown that the
accused’s intent was to commit the substantive offence

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14
Q

Outline the penalty for murder

A

S172 Crimes Act 1961 states liability for life.

S102 Sentencing Act 2002 states it must be life unless thst would be manifestly unjust

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15
Q

R v Harpur

A

The court may view the accused’s conduct in its entirety. What remains to be done is always relevant.

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16
Q

Describe the test for proximity

A
  1. Has the offender done anything more than getting himself into a position where he could start an attempt?
  2. Has the offender actually commenced execution?
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17
Q

R v Mane

A

To be an accessory, the offence must be complete at the time of involvement

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18
Q

What is the difference between voluntary manslaughter and involuntary manslaughter?

A

Voluntary manslaughter is when circumstances mitigate murder to manslaughter.

Involuntary manslaughter is when there is no intent to kill

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19
Q

What is the four point test for manslaughter?

A
  1. The accused must intentionally do the act
  2. The act must be unlawful
  3. The act mustbbe dangerous
  4. The act must cause death
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20
Q

R v Blaue

A

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

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21
Q

Define ‘Vulnerable Adult’

A

A person who cannot withdraw themselves from the care or charge of another person because of detention, age, sickness, mental impairment or any other cause

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22
Q

Outline the six legal duties outlined by S151 - S157 Crimes Act?

A

-Providing necessaries and protect from injury
-As above (parents & guardians)
-providing necessaries as an employer
-Using skill and knowledge when conducting dangerous acts
-Taking precautions when in charge of dangerous things
-Avoiding omissions that would endanger life

“Protect Parents Employing Dangerous Knowledge, Omissions”

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23
Q

What does S63 of the Crimes Act hold?

A

Nobody can consent to their death

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24
Q

Can a homicide that arises from sport be culpable?

A

Yes, but only if the act was one that was likely to cause serious injury or death

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25
Q

What constitutes a culpable homicide under S160 Crines Act?

A

-An unlawful act
-An ommision without excuse to perform a lawful duty
-Both combined
-Causing a person through threats, fear of violence or deception to commit an act that causes their death.
-Wilfully frightening a person under 16 or a child/sick person

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26
Q

What are the two types of intent?

A

Intention to commit a deliberate act

Intention to get a specific result

27
Q

What does S168 of the Crimes Act hold?

A

That an aggravated wounding that causes death is murder when done in conjunction with serious offences (most 14 year offences & burglary)

28
Q

Is proximity a question of fact or law?

A

Law.

29
Q

Penalty for attempted murder?

A

14 years

30
Q

Can conspiracy to murder occur overseas?

A

Yes, but the conspiracy must be formed inside New Zealand

31
Q

Penalty for manslaughter

A

Life imprisonment

32
Q

What is the major departure test?

A

Gross negligence must be shown whether the case relates to an unlawful act or omission.

33
Q

What is infanticide?

A

When a woman kills a child of hers under 10 years old when her mind was disturbed from the effects of giving birth

34
Q

What is the penalty for infanticide?

A

3 years

35
Q

Who decides the mothers state of mind in infanticide cases?

A

The jury

36
Q

What is a suicide pact?

A

A common agreement between 2 or more persons having the object of death for all of them, regardless of whether they take their own life or another’s.

Manslaughter is the correct charge.

37
Q

Describe the offence of concealing the body of a child

A

The disposal of the dead body of a child with intent to conceal the fact of its birth

38
Q

What ages do the defences of infancy apply to?

A

Under 10: Absolute defence

10, 11, 12 & 13 Years old: Only a defence if they did not know that the offence was wrong or illegal

39
Q

In relation to the defence of infancy, who does the burden of proof lie with in relation to not understanding that things are wrong/unlawful?

A

The prosecution

40
Q

R v Forrest & Forrest?

A

The best evidence possible in the circumstances should be produced as to a victim’s age.

41
Q

How should a child under 10 years old who commits murder be treated?

A

Care and protection matter

42
Q

How should a child aged under 14 who commits murder be treated?

A

Charged under the youth justice provisions of the OT act.

43
Q

How can the defence of insanity be raised in court?

A

It can only be raised by defence, not by prosecution.

44
Q

Who does the burden of proof rest with when insanity is used as a defence?

A

It sits with teh defence to prove that they were insane.

However, they only need to prove that it is more likely than not.

45
Q

R v Cottle?

In regards to insanity

A

It is sufficient if a plea of insanity is proven to the satisfaction of the jury on a balance of probabilities without necessarily excluding all reasonable doubt.

46
Q

R v Clark?

A

The decision as to an accused’s insanity is for the jury. A verdict inconsistent with medical evidence is not necessarily unreasonable.

47
Q

What is M’Naghten’s test?

A

To use the defence of insanity, a person must be suffering from a disease of the mind that means that the do not know:
1. The nature and quality of their actions
2. That what they were doing was wrong

48
Q

R v Codere

A

The nature and quality of the act means the physical character of the act. The phrase doesw not involve the accused’s moral perception of the act.

49
Q

R v Cottle

Automism

A

Automism is doing something without knowledge or memory of it. It is a lapse of consciousness while still able to move their body.

50
Q

What is the difference between sane and insane automatism

A

Sane automism is the result of sleep walking, a blow to the head or the effects of drugs.

Insane automism is the result of a mental disease

51
Q

Is automatism induced by drugs / alcohol a defence?

A

Yes.

However New Zealand courts do not allow this defence if the state of mind is self-induced, the person is blameworthy or the consequences could have been expected.

52
Q

What is a strict liability offence?

A

An offence that does not require intent.

53
Q

When can intoxication be used as a defence?

A
  1. When it causes a disease of the mind (insanity).
  2. When intent is required for the offence and the drunkeness is such that the defence can prove a lack of intent to commit the offence. (Mistake defence)
  3. Where the intox causes automatism.
54
Q

What does S25 of the Crimes Act hold?

A

Ignorance of the law is no excuse.

55
Q

What does S24 of the Crimes Act Hold?

A

Compulsion defence

56
Q

What is required for the defence of compulsion?

A

A person must be:
1. Compelled by someone at the scene.
2. Threatened that they would be killed or suffer GBH.
3. Not be party or a part of a conspiracy to commit the offence

57
Q

R v Joyce

A

Compulsion must be made by a person who is present when the offence is committed.

58
Q

How does mistake work as a defence?

A

Offences that are not strict liabilities can use mistake as a defence if there is ignorance to matters of fact.

Not understanding that seeds planted in a garden are cannabis seeds

59
Q

When does entrapment work as a defence?

A

When law enforcement deliberately causes a person to commit an offence so that they can be prosecuted.

This is not a substantive defence.

60
Q

Police v Lavelle

A

Police can provide an opportunity for someone who is ready and willing to offend. Police can not initiate their interest or willingness.

61
Q

Is the S48 defence a question of fact or law?

A

Fact, however the judge decides if it is fit to be provided to the jury

62
Q

How does the defence of alibi work?

A
  1. Defence raises it within 10 working days of trial
  2. They must provide particulars of the witness or enough information for them to be identified
63
Q

What is the procedure when interviewing alibi witnesses?

A
  1. Advise counsel
  2. Interview witness in presence of counsel or an independent person
  3. Disclose statement

My CIB Modules (9 decks)

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