Murder & Manslaughter Offences Flashcards
Murder Defined - Section 167 CA61
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 effected without hurting anyone.
Further definition of murder - Section 168 CA61
(1) Culpable homicide is also murder in each of the following cases, whether the offender means or does not mean death to ensure, or knowns or does not know that death is likely to ensure:
(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 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 ensues from such injury:
(b) If he administers any stupefying or overpowering thing for any purposes aforesaid, and death ensures 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 ensurs from such stopping of breath.
What Section does Attemtping to Murder fall under and punishment?
Section 173 CA 61 - 14 years imprisonment
Section 72(1) CA61 - Attempting to Commit and offence
Every one 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;
Accessory after the fact to murder, section and act
- S176 CA61
Every one is liable to imprisonment for a term not exceeding 7 years who is an accessory after the fact to murder
Accessory after the fact to murder defined
(1)An accessory after the fact to an offence is one who, knowing any person to have been a party to the 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 or to avoid arrest or conviction.
What section does the punishment for Manslaughter fall under
Everyone who commits manslaughter is liable to imprisonment for life - Section 177 CA 61
Conspiracy to Murder, section and act
S175 CA61
(1) Every one is liable to imprisonment for a term not exceeding 10 years who conspires or agrees with any person to murder any other person, whether the murder is to take place in New Zealand or elsewhere.
(2) For the purposes of this section, the expression To Murder includes to cause the death of another person out of New Zealand in circumstances that would amount to murder if the act were committed in New Zealand.
Counselling or attempting to procure murder, section and act
S174 CA61
Every one is liable to imprisonment for a term not exceeding 10 years who incites, counsels, or attempts to procure any person to murder any other person in New Zealand when that murder is not in fact committed.
Homicide defined - Section 158 CA 61
Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever.
Culpable homicide - Section 160 CA 61
(1) Homicide may be either culpable or not culpable
(2) Homicide is culpable when it consists in the killing of any person -
(a) by an unlawful act; or
(b) by an omission without lawful excuse to perform or observe any legal duty; or
(c) by both combined; or
(d) by causing that person by threats or fear of violence, or by deception, to do an act which cause his or her death; or
(e) by wilfully frightening a child under the age of 16 years or a sick person:
(3) except as provided in S178, culpable homicide is either murder or manslaughter
(4) Homicide that is not culpable is not an offence.
Killing by influence on the Mind, section and act
Section 163 CA 61
No one is criminally responsible for the killing of another by any influence on the mind alone, except by wilfully frightening a child under the age of 16 years or a sick person, nor for the killing of another by any disorder or disease arising from such influence, except by wilfully frightening any such child as aforesaid or a sick person.
