Murder And Manslaughter Offences

Question 1

Murder defined

Culpable homicide is murder on each of the following cases :

Answer 1

S167 CA61

(a) If the offender means to cause the death of the person killed:
(b) if the offender means to cause 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 mean to cause death or, being so reckless as fore-said, mean to cause such bodily injury a 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 got any unlawful object does an act that he knows to be likely to cause death, and thereby killed any person, though he may have desired that his object should be effected without hurting anyone.

Question 2

What is further definitions of murder ?

Answer 2

S168 CA61
(1) culpable homicide is also murder in each of the cases, whether the offender means or does not mean death to ensure, or knows or does not know that death is likely to ensue;

(a) if he means to cause GB injury for the purpose of facilitating the flight or avoiding the 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 ensures from
Such injury.

(b) if he administers any stupefying or over powering thing for any of the purposes aforesaid, and death ensues from
The effect 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

Intent definition

Answer 3

• In a criminal law context there are two specific types of intention in an offence. Firstly the intent to commit the act, and secondly the intent to enter a specific result.

Question 4

What is a deliberate act?

Answer 4

• “intent means act or omission must be done deliberately. The act or omission must be more than involuntary or accidental.

Question 5

What is intent to produce a result?

Answer 5

• In this context result means “aim, object, or purpose”.

Question 6

Intent to cause death

If you are Charing an offender with murder under S 167 CA61, what must you show?

Answer 6

That the defendant;

• intended to cause death, or
• knew that death was likely to ensue, or
• was reckless that death would ensue

Question 7

Recklessness

What does actin recklessly involve?

Answer 7

• consciously and deliberately taking an unjustified risk.

Question 8

Cameron v R

Answer 8

Recklessness is established if;

(a) The defendant recognised there was a real possibility that;
(i) his actions would bring out the prescribed result, and/or
(ii) that the prescribed circumstances existed; and
(b) having regard to that risk the actions were unreasonable.

Question 9

To show the defendant state of mind meets the provisions of s167(b), what must you establish?

Answer 9

That the defendant:
- intended to cause bodily injury to deceased.
- knew the injury was likely to cause death
- was reckless as to whether death ensued or not

Question 10

R v PIRI

Answer 10

• recklessness here involves a conscious, deliberate risk taking. The degree of risk of death foreseen by accused under either s167(b) or (d) must be more that negligible or remote. The accused must recognise a “real or substantial risk” that death would be caused.

Question 11

R v DESMOND

Answer 11

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

Question 12

Murder committed only he execution of a common purpose.

Answer 12

Sections 66(2) (parties) and 168 (extended def of murder) provide for the criminal responsibility of people who are in the course of carrying out an unlawful purpose when one of them kills someone

Question 13

Punishment of murder

S 172 CA 61

Answer 13

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

(2) ss(1) is subject to section 102 of the sentencing act 2002.

Question 14

Attempted murder.

What section create a separate offence of attempted murder?

Answer 14

• Section 173 CA 61

Question 15

Attempting to commit an offence

What section is this and what if the definition?

Answer 15

• Section 72 CA 61

(1) Every person who, having an intent to commit an offence does it 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 or not.

Question 16

Intent must be established.

What is the requirement for “intent” in section (72)(1)?

Answer 16

• only an intention to commit the offence will be sufficient and there cannot be an attempted where an offence is defined solely in terms of recklessness or negligence.

Question 17

R v MURPHY

Answer 17

When proving and attempt to commit an offence it must be shown that the accused’s intention was to commit the substantive offence. For example, in cases of attempted murder it is necessary for the crown to establish an actual intent to kill.

Question 18

R v HARPUR

Answer 18

The court may have regard to the conduct viewed cumulatively up until the potion when the conduct in question stops. The defendants may be considered in it entirety. Considering how much remains to be done will always be relevant though not determinative.

Question 19

Punishment for attempted murder

Answer 19

Everyone who attempted to commit murder is liable to imprisonment not exceeding 14 years.

Question 20

Counselling or attempting to procure murder

S174 CA61

Answer 20

• Everyone is liable to imprisonment for term not exceeding 10 years, who incites, councils, or attempts to procure any person to murder any other person in NZ, when that murder is not in fact committed.

Question 21

Conspiracy to murder

Answer 21

S 175 CA61

(1) Everyone if liable to imprisonment for a term not exceeding 10 years who conspires or agrees with any person, whether the murder is to take place in NZ or else where.

(2) for the purpose of this section, the expression “ to murder” includes to cause the death of another person out of NZ in circumstances that would amount to murder if the act were committed in NZ.

Question 22

Accessory after the fact to
Murder

Answer 22

S 176 CA61

• Everyone is liable to imprisonment for a term not exceeding 7 years who is an accessory after the fact to murder.

Question 23

What is the definition of accessory after the fact?

Answer 23

• Section 71 (a)

An accessory after the fact to an offence is on who, knowing any person to have been a party to offence, receives, comforts or assists that person or tampers with or actively suppresses any evidence against him
Or her, in order to enable him or her to escape after arrest it to avoid arrest or conviction.

Question 24

R v MANE

Answer 24

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

One cannot be convicted of being an accessory after the faavy of murder when the actus reus of the alleged criminal
Conduct was wholly completed before the offence of homicide was completed.

Question 25

Manslaughter

Culpable homicide that does not amount the murder.

Answer 25

• Except in cases of infanticide, culpable homicide that does not amount the murder is treated as manslaughter.

Question 26

What does the key differences between murder and manslaughter depend on?

And what does common law draw further distinction between?

Answer 26

• The mental element that must be established to support the charge.
• voluntary MS
• involuntary MS

Question 27

Voluntary MS

Answer 27

Mitigating circumstances such as a suicide oct, reduce what would otherwise be murder to MS, even thought he defendant may have intended to kill or cause GBH

Question 28

Involuntary MS

What types of unlawful killing does it cover?

Answer 28

• killing in which death is caused by an unlawful act or gross negligence. In such cases there has been. I intention to kill it cause GBH

Question 29

Instances of MS

KILLING IN A SUDDEN FIGHT

What do you need to consider when you com across a killing that is a result of a sudden fight?

Answer 29

Whether is was;

• self defence
• the requisite men rea for a murder charge

Question 30

What 4 points outline proving an unlawful act for MS?

Answer 30

• The defendant must intentionally do an act
• the act must be unlawful
• the act must be dangerous
• the act must cause death

Question 31

Punishment of MS

What section provides the punishment for MS?

Answer 31

Section 177

(1) Everyone who commits MS is liable to imprisonment for life.

• Judge may, taking all matters into consideration impose any penalty from a fine to life imprisonment, depending on circumstances