Murder and manslaughter

Question 1

Define murder under section 167 CA61

Answer 1

Culpable homicide is murder under the following cases:
a - The offender means to cause the death of the person killed.

b - The offender means to cause the person killed bodily injury that is known to the offender to cause death, and is reckless as to whether death ensues or not.

c - If the offender means to cause death. or is reckless as aforementioned, or means to cause bodily injury as aforementioned to a person, but by mistake or accident cause the death of another person, even if they did not mean to cause death to that person.

d - If the offender for any unlawful object does an act that they know would likely cause death, and therefore kills any person, even if they did not mean for their object to cause death

Question 2

Define murder under section 168 CA61

Answer 2

Culpable homicide is murder in the following cases even if the offender means or does not mean or knows or does not know death would ensue:

a - If the offender causes GBH for the purposes of facilitating the commission or attempted commission of an offence, to facilitate flight or avoiding detection upon the commission or attempted commission of an offence or avoiding lawful apprehension, and death ensues from the injury.

b - By the administration of any stupefying or overpowering thing for the purpos as aforementioned and death ensues

c -By willfully stoping the breath of any person for the purpose of aforementioned, an death ensures.

Question 3

To must be proved for a charge of murder as defined in section 167 CA61, (3)

Answer 3

They intended to cause the death
Knew that death would occur
Was reckless that death would occur.

Question 4

Case law, what is Cameon v R (Recklessness)

Answer 4

Recklessness is established

• If the defendant recognised that there was a real possiblility that
  - There action would bring about the proscribed circumstances
  - The proscribed circumstances existed
• Having regard to the risk, those actions were unreasonable

Question 5

Case Law R v Piri (Reckless) in relation to

Answer 5

Recklessness here is the conscious and deliberate risk taking. The risk foreseen by the defendant must be more then negligeble or remote. the accused must recognise that a real substantial risk would ensue.

Question 6

Case law R v Desmond (Unlawful object)

Answer 6

Not only must the object be unlawful. but the accussed must know that the act was likely to cause death. It must be shown that the knowledge accompanied the act causing death.

Question 7

Can a person be convicted of murder if they commit they commit a another offence with another party

Answer 7

Section 66.

If two or more persons form a common intention to commit an offence and assist each other therein, will be convicted of any further offences if they could reasoanable foresee the consequences of those further offences would occur.

Question 8

Attempted Murder

Answer 8

• Did they do an act for the purposes of accomplicing their objective.
• Did they move past the point or mere preparation
• Were they sufficeiently proximate.

Question 9

R v MURPHY (attempts)

Answer 9

When proving an attempt to commit an offence, it must be shown that the accussed intended to carry out the substantive offence. In the case of attempted murder the crown must prove that the accussed had an intention to kill.

Question 10

R v Harpur (Attempts)

Answer 10

The court may have regard for the conduct of the accusse viewed cumunatively up until the point the coduct stops. How much is left is always relevant but not detemanative.

Question 11

What is the difference between incites or counsels and conspiracy to commit murder

Answer 11

Incites or counsels must be the murder of another person inside NZ. Conspiracy to commit murder can be in or outside of NZ.

Question 12

R v MANE (accessory)

Answer 12

For a person to be an accessory, the offence must be complete at the time of the criminal involvement.

Question 13

What are the two things to consider in the killing of a sudden fight

Answer 13

• If the homicide can be justified as having arisen from self defene
• The fact that there was a fight negates the defendant from having the necessary mens rea to bring a charge of murder therefore manslaughter will suffice.

Question 14

discuss the four points that need t be met to prove a charge of manslaughter by an unlawful act

Answer 14

• The defendant must intentionally do the act
• The act was unlawful
• The act was dangerous
• The ac caused death

Question 15

If an offender intends to kill person a but accidently kills person b, is the offender guilty of murder?

Answer 15

Yes.

Under section 167 (c) CA61

Culpable homicide is murder in the following case

If the offender means to cause death to a person or or was reckless and causes bodily injury to a person where they know that it would likely cause death but by accident or mistake causes death to any other person, even if they did not intend to cause harm to that person and death ensues.

Question 16

In a charge of attempted murder. What must the crown prove.

Answer 16

R v Murphy
To prove a charge of attempts it must be proved that the accussed intended to carry out the substantive offence. In the case of attempted murder the crown must prove that the accussed had an intention to actually kill.

Question 17

Define voluntary and involuntary manslaughter.

Answer 17

Voluntary Manslaughter
Mitigating circumstances such as a suicide pack redce what would otherwise be murder to manslaughter even if they intended to kill of cause GBH.

Involuntary manslaughter
covers those unlawful killings in which death is caused due to criminal negligence. In these cases there has been no intention to kill or cause GBH.

Question 18

when considering what charge to press in a case where someone has been killed in a sudden fight, what issues do you need to consider

Answer 18

• If the killing was an act out of self defence
• the fact there was a sudden fight negates the defendants mens rea for a charge of murder therefore a charge of manslaughter will suffice.

Question 19

Discuss the major departure test for section 150A

Answer 19

S 150A relates to the standard of care from a person under a legal duty or performing unlawful acts

This test requires a high degree of negligence in the sences that someone who has a legal duty or performs a unlawful act then they are liable to manslaughter.

Question 20

What is the diffence between murder and manslaughter

Answer 20

Did the offender mean to cause the death of the person killed or did they cause bodily injury to the person that they knew would cause their death.

If not then the charge of manslaughter would be suffice.

usually manslughter is voluntary or involuntary

Voluntary in the sence of mitigating circumstances such as a suicide pact, where someone assists another person which brings the charge from murder to manslaughter.

The other in involuntary which is usually the the death caused by departure of a high level of negligence or or an unlawful act.

Question 21

what are the 4 things to prove for manslaughter

Answer 21

Did the accused intentionally do the act.
Was the act unlawful
Was the act dangerous
Did the act cause the death

Question 22

Define infanticide

Answer 22

When a woman causes the death of any child of hers under the age of 10 in a manner that amounts to culpable homicide, when at the time of the offence the balance of her mind was disturbed by her not fully recovering from the birth of the child or any child or by the effects of lactation is not fully responsible and should be found guilty of infanticide and not murder or manslaughter

Question 23

S181 concealing dead body of child

Answer 23

Everyone is liable who disposed of the dead body of a child with the intent of concelaing the fact it was born, whether it died before during or after birth.