Murder and Manslaughter Offences Flashcards
Murder Defined
S167 - MURDER DEFINED
(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 effected without hurting any one
GBH
Really serious harm
CAMERON V R
CAMERON V R
Recklessness is established if the defendant recognised that there was a real possibility that their actions would bring about the result and/or that the circumstances existed and having regard to that risk those actions were unreasonable.
Charging Under S167
Must show defendant intended to cause death or knew that death was likely to ensue
Defendants State of Mind (under 167b) Must Establish
- Intended to Cause bodily injury to the deceased
- Knew the injury was likely to cause death
- Was reckless as to whether death ensured or not
R V PIRI
R V PIRI
Recklessness involves a conscious, deliberate risk taking. The degree of risk of death foreseen by the accused under either s167(b) or (d) must be more than negligible or remote. The accused must recognise a “real or substantial risk” that death would be caused.
R V DESMOND
Pursuit of unlawful act
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 death.
Define Attempts
ATTEMPTS-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.
Remoteness to constitute an attempt is a question of law
Immediately or proximately connected.
R V MURPHY
Difficulty to Prove Attempted Murder
R V MURPHY - ATTEMPTED MURDER
When proving an attempt to commit an offence it must be shown that the accused’s 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
R V HARPUR
R V HARPUR
The Court may] have regard to the conduct viewed cumulatively up to the point when the conduct in question stops … the defendant’s conduct [may] be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative.
Test For Proximity
PROXIMITY
- Offender done anything more than getting self into a position from which could embark on an actual attempt?
- Offender actually commenced execution/ taken a step in the actual offence itself?
- Proximity is a question decide by the judge based on the assumption that the facts of the case are proved.
Attempted Murder
14 + years
Counselling/Attempting to Procure Murder (S174)
Conspiracy to Murder (S175)
S174 Attempting to Procure Murder - Incites, counsels or attempts to procure any person to murder another IN NZ, but that murder NOT committed (can still be party under S66)
S175 Conspiracy - Conspires or agrees to carry out murder, whether in NZ or ELSEWHERE. It applies regardless of whether murder is carried out or not.
Both 10 years.
Accessory After The Fact
AATF is an offence if knowing any person to have been party to the offence RECEIVES/COMFORTS/ASSISTS that person of tampers or actively suppresses evidence against him in order to enable them to escape after arrest/avoid arrest/conviction.
Not exceeding 7 years
R V MANE
R V MANE
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 fact of murder when the actus reus of the alleged criminal conduct was wholly completed before the offence of homicide was completed.
