Murder and Manslaughter Flashcards
To show that the defendant’s state of mind meets the provisions of 167(b), what must you establish
That the defendant meant to cause the person killed bodily injury that is known to the defendant to be likely to cause death and is reckless whether death ensues or not.
Give two examples where culpable homicide is murder
Culpable homicide is murder in each of the following cases:
(a) If the offender means to cause the death of the person killed
(b) If the offender means to cause to 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) If the offender means to cause death, or being so reckless as aforesaid, means to cause such bodily injury as aforesaid to one person, and by accident or mistake kills another person, though he does not mean to hurt the person killed
(d) If the offender 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 affected without hurting anyone.
168: Further definitions of murder
Culpable homicide is also murder in each of the following cases, whether the offender means or does not mean death to ensue, or knows or does not know that death is likely to ensue:
(a) If he means to cause grievous bodily injury for the purpose of facilitating the commission of any of the offences mentioned in subsection 2 of this section or facilitating the flight or avoiding detection of the offender upon the commission of attempted commission thereof, or for the purpose of resisting lawful apprehension in respect of any offence whatsoever, and death ensues from such injury.
(b) If he administers any stupefying or overpowering thing for any of the purposes aforesaid, and death ensues from the effects thereof.
(c) If he by any means wilfully stops the breath of any person for any purposes aforesaid, and death ensues from such stopping of breath.
If you are charging someone with murder under section 167 of Crimes Act 1961, you must show that the defendant
- Intended to cause death or
- Knew that death was likely to ensue
- Was reckless that death would ensue
What was held in R v Cameron
Recklessness is established if the defendant recognised that there was a real possibility that his or her actions would bring about the proscribed result and / or the proscribed circumstances existed and have regard to that risk those actions were unreasonable.
What was held in R v Piri
Recklessness here involves a conscious, deliberate risk taking. The degree of risk of death foreseen by the accused under either section 167(b) or (d) must be more than negligible or remote. The accused must recognise a real or substantial risk that death would be caused.
What was held in R v Desmond
Not only must the object be unlawful, but also the accused must know that his act is likely to cause death. It must be shown that his knowledge accompanied the act causing the death.
Section 168(1)(a) of Crimes Act 1961 refers to the term “grievous bodily injury” what does this mean and give an example of such an injury.
Grievous bodily injury means harm that is very serious, such as injury to a vital organ.
For example, crushing a person’s lungs with a war hammer.
Define “attempts section 72(1) of the Crimes Act 1961
Everyone who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
Why is attempted murder one of the most difficult offences in the Crimes Act 1961 to beyond reasonable doubt?
R v Murphy
When proving an attempt to commit an offence it must be shown that the accused intention was to commit the substantive offence. For example, in a case of attempted murder it is necessary for the Crown to establish an actual intent to kill.
In the test for proximity, Simester and Brookbanks (Principles of Criminal Law 224) suggest the following questions should be asked in determining the point at which an act of mere preparation of committing a crime may become an attempt. What are the two questions?
Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt? or
Has the offender actually commenced execution; that is to say, has he taken a step in the actual crime itself?
Proximity relating to attempts
Proximity is a question of law; it is a question that is decided by the judge based on the assumption that the facts of the case are proved.
Section 173 - What is the penalty for attempted murder?
14 years imprisonment.
List the difference between counselling or attempting to procure murder (Section 174) and conspiracy to murder (Section 175)
- Counselling or attempting to procure murder requires that the offence is to be committed in New Zealand, whereas with conspiracy to murder, the murder can take place in New Zealand or elsewhere.
- Counselling or attempting procure murder only applies if the murder is not in fact committed, whereas conspiracy to murder applies regardless of whether murder is committed or not.
What are the ingredients to accessory after the fact to murder?
Knowing any person to have been party to murder, receives, comforts, assists that person, or tampers with or actively supresses evidence against that person in order to enable him to escape after arrest or to avoid conviction.
