Murder and Manslaughter

Question 1

Murder defined

Section 167

Answer 1

a) means to cause the death
b) bodily injury known as likely to cause death or being reckless as to whether death ensues
c) bodily injury and by accident or mistake kills another person - though he doesn’t mean to hurt or kill that person
d) killing in pursuit of any unlawful object

Question 2

Further murder defined

Section 168

Answer 2

a) causes GBH. facilitating commission of an offence, avoiding detection, or attempted commission, or purpose of resisting lawful apprehension nd death ensues

Question 3

Intent to cause death

must show

Answer 3

Intended to cause the death, or
Knew that death was likely to ensue, or
was reckless that death would ensue

Question 4

To show the defendants state of mind metes provisions of 167(b) must show..

Answer 4

Intended to cause bodily injury to the deceased
Knew the injury was likely to cause death
Was reckless as to whether death ensued or not

Question 5

R v Desmond

Killing in pursuit of unlawful object, 167 (d)

Answer 5

Not only must the object be unlawful, but the accused must knw that his act is likely to cause death. It must be shown that knowledge accompanied the act causing death

Question 6

Punishment for murder, s. 172

Answer 6

1) Everyone who commits murder is liable to imprisonment for life

Question 7

Attempted Murder

Answer 7

Section 173, CA61

Question 8

Intent must be established

Case law

Answer 8

R v Murphy
When proving an attempt to commit an offence it must be shown that the accused’s intention was to commit the substantive offence. Eg. in a case of attempted murder it is necessary for the crown to establish an actual intent to kill

Question 9

Section 173

Answer 9

Everyone who attempts to commit murder is liable for a term of imprisonment not exceeding 14 years

Question 10

Section 174

Answer 10

Everyone who incites, counsel, or attempts to procure any person to murder any other person in NZ, murder is not in fact committed

Question 11

Counselling or attempting to procure murder

Answer 11

Where murder not in fact committed

If person incited or counsels commits murder parties s.66 applies to the incite/councilor

Question 12

Conspiracy to commit murder

S. 175

Answer 12

Everyone who conspires or agrees with any person to murder any other person whether the murder is to take place in nz or elsewhere.

Question 13

AATF to murder

S. 176

Answer 13

Everyone is liable to imprisonment for a term not exceeding 7 years who is an AATF to murder

Question 14

Voluntary manslaughter

Answer 14

Mitigating circumstances reduce what would other wise be murder to manslaughter - even though the defendant may have intended to kill or cause GBH

Question 15

Involuntary manslaughter

Answer 15

Covers killings in which death is caused by an unlawful act or gross negligence

Question 16

Manslaughter by an unlawful act
160 (2)
4 point test

Answer 16

1. Defendant must intentionally do an act
2. Act must be unlawful
3. Act must be dangerous
4. Act must cause death

Question 17

Major departure test

S. 150A(2)

Answer 17

Requires a high degree of negligence
Gross negligence must be show whether the case relates to an unlawful act or an omission
Objective test
Test of gross negligence is objective and that the defendant’s state of mind is not a prerequisite to conviction for manslaughter by gross negligence