Murder Offences

Question 1

To charge with murder under s167 must show that the defendant -

Answer 1

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

Question 2

Recklessness defined

Answer 2

Consciously and deliberately taking an unjustifiable risk

Question 3

Cameron v R

Answer 3

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

Question 4

To show that defendants state of mind meets provision of 167(b), must establish that the defendant:

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 Piri

Answer 5

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

Question 6

R v Desmon

Answer 6

s167(d) killing in pursuit of an unlawful object

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.

Question 7

Punishment of murder

Answer 7

set out by s172
liable for imprisonment for life

Question 8

Sentencing Act 2002 section 102

Answer 8

Presumption in favour of life imprisonment for murder
(1) offender convicted of murder must be sentenced to life, unless would be manifestly unjust
(2) if court does not impose life, must give written reasons for doing so

Question 9

Attempt to murder

Answer 9

s173 creates a separate offence of attempted
crown must still establish the mens rea and actus reus set out in s72(attempts)

Question 10

R v Murphy

Answer 10

Intent must be established

When proving an attempt to commit an offence it must be shown that the accused’s intention was to commit the substantive offence.

Question 11

R v harpur

Answer 11

several acts together may constitute an attempt

The court may have regard to the conduct viewed cumulatively up to the point when the conduct in questions stops … the defendants conduct may be viewed in its entirety. Considering how much remains to be done is always relevant though not determinative

Question 12

test for proximity

Answer 12

two questions:
1. has the offender done anything more than getting himself into a position from which he could embark on an actual attempt
2. has the offender actually commenced execution, that is to say has he taken a step in the actual offence itself

Question 13

s174

Answer 13

counselling or attempting to procure murder
every liable to 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

Question 14

s175

Answer 14

Conspiracy to murder
7 years
anyone who conspires or agrees with any person to murder any other person, whether the murder is to take place in New Zealand or elsewhere

Question 15

s176

Answer 15

accessory after the fact to murder
7 years