Murder And Manslaughter Offences

Question 1

Definition of murder S167

Answer 1

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, through 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 effected without hurting anyone.

Question 2

S168 Further Definitions of Murder

Answer 2

(1) culpable homicide is also murder in each of the following cases, whether the offender means or does not mean death to ensue:
A) if he means to cause GBInjury for the purpose of facilitating the commission of any offences mentioned in subsection (2) of this section, or facilitating the flight or avoiding detection of the offender upon the commission or 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 of the purposes aforesaid, and death ensues from such stopping of breath

Question 3

Define parties S66(2)

Answer 3

Where two or persons form a common intention to prosecute any unlawful purpose and to assist each other herein, each of them is party to every offence committed by any one of them in the prosecution of the common purpose of the commission of that offence was known to be a probable consequence of that prosecution of the common purpose

Question 4

Definition of GBInjury

Answer 4

Harm that is very serious, such as an injury to a vital organ, to come within subsection (1)(c) the stopping victims breath must be done wilfully

Question 5

Presumption in favour of life imprisonment for murder S102

Answer 5

(1) an offender who is convicted of murder must be sentenced to imprisonment for life unless due to the circumstances of the offence and the offender, a sentence of imprisonment to life would be manifestly unjust
(2) if a court does not impose a sentence of imprisonment for life for an offender convicted of murder it must give written reasons for not doing so

Question 6

What are the elements of attempts

Answer 6

S72(1) CA61
Everyone who
Having intent to commit an offence
Does or omits an act
For the purpose of accomplishing his or her object
Is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the act or not.

Question 7

What is the test of proximity

Answer 7

Has the offender done anything more than get himself into a position where he could embark on an actual attempt

Has the offender actually commenced execution , that is to say has he taken a step in the actual offence itself

Question 8

What are the elements of counselling or attempt to procure murder

Answer 8

S174 CA61
Everyone who
Incites, counsels or attempts to procure
Any person to murder any other person in NZ
When that murder is not in fact committed

Question 9

What are the elements of conspiracy to murder?

Answer 9

S174 CA61
Everyone who
Conspires or agrees with any person
To murder any other person
Whether the murder is to take place in MZ or else where

Question 10

What are the 3 differences between s174 and S175

Answer 10

Section 174 applies where murder is not in fact committed
Section 175 may apply regardless of whether murder is committed or not
Section 175 can include death of another outside nz

Question 11

What are the elements to prove accessory after the fact to murder

Answer 11

S71(1)
Everyone who
Knowing any person to have been party to murder
RCA that person or
Tampers with or actively suppresses any evidence against him/her
In order to enable h/h to escape after arrest or to avoid arrest or conviction

Question 12

What is voluntary manslaughter

Answer 12

Mitigating circumstances, such as suicide pact, reduce what would be murder to manslaughter even though the defendant may have intended to kill or cause GBH

Question 13

What are the 4 points in new bury and jones for testing to prove unlawful act for manslaughter?

Answer 13

1. The def must INTENTIONALLY do an ACT
2. The ACT must be UNLAWFUL
3. The ACT must be DANGEROUS
4. The ACT must cause death

Question 14

What is the objective test for gross negligence (the major departure test

Answer 14

Whether having a regard to the risk of death involved
The conduct of the def was so bad in all the circumstances as to amount to criminal act or omission

Question 15

What is a strict liability and what are two examples?

Answer 15

An offence that requires no intent and the only way to escape liability is to prove a total absence of fault
Driving with excess breath alcohol
Speeding offences

Question 16

Four associated murder charges include

Answer 16

Attempted murder
Counselling or attempting to procure murder
Conspiracy to murder
Accessory after the fact to murder

Question 17

What was held in Cameron

Answer 17

Reckless is established if the defendant recognised that there was a real possibility that his or her actions would bring about a proscribed result and/or having regard to that risk those actions were unreasonable

Question 18

Piri

Answer 18

Recklessness involves the conscious and deliberate taking of a risk. The degree of the risk of death foreseen by the accused must be more than negligible or remote. Accused must recognise a real and substantial risk that death would be caused.

Question 19

R v Desmond

Answer 19

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

Question 20

R v Murphy

Answer 20

Where proving an attempt to commit an offence, it must be shown that the accused intention was to commit the full offence. For attempting murder an intent to kill must be established

Question 21

R v Harper

Answer 21

The court may have regard to the conduct viewed cumulatively up to the point where the conduct in question stops. The defendants conduct may be considered in its entirety, how much remains to be done is relevant though not determinative

Question 22

R v Mane

Answer 22

To be considered an accessory l, the offence must be complete at the time of the involvement. A person cannot be convicted as an accessory after the fact to murder when the act is complete b4 the homicide

Question 23

Before a conviction can be obtained for manslaughter, what must the prosecution prove

Answer 23

A very high degree of negligence or gross negligence

Question 24

Who decides on proximity

Answer 24

The judge