Murder Offences

Question 1

Sections 167 and 168 define the offence of murder,

What are the cases where culpable homicide is murder under s167?

Answer 1

Answer:
Under section 167 murder is defined as;
(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 that 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

Sections 167 and 168 define the offence of murder,

What are the cases where culpable homicide is murder under s168?

Answer 2

Answer:
Culpable homicide is also murder in each of the following cases whether the offender means or does not mean death to ensue or knows or does not know that death is likely to ensue.

(a) if he means to cause grievous bodily injury for the purpose of facilitating the commission or attempted commission of any offences listed in sub/s (2) of this section, or

Facilitating 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 other purposes aforesaid and death ensues from the effects thereof;
(c) If he by any means willfully stops the breath of any person for any of the purposes aforesaid and death ensues from such stopping of breath

Question 3

What is the definition of intent?

Answer 3

Answer:
In a criminal law context there are two specific types of intention in an offense. First there must be an intention to commit the act and secondly in intention to get a specific result

Question 4

What is meant by deliberate act?

Answer 4

Answer:
Intent means that act or omission must be done deliberately. The act or omission must be more than involuntary or accidental.

Question 5

In charging in the offender with murder under s160 Crimes Act 1961.
What must you show of the defendant?

Answer 5

Answer:
The defendant intended to cause death or;

knew that death was likely to ensue or;

was reckless that death would ensue.

If such intent is not present the offense is manslaughter unless it falls within the provisions of infanticide (section 178)

Question 6

What is recklessness?

Answer 6

Answer:
Acting recklessly involves consciously and deliberately taking and unjustifiable risk.

It must be proven not only that the defendant was aware of the risk and preceded regardless
but also that it was unreasonable for him to do so.

Question 7

In Cameron v R part (a) of the Cameron test is completely subjective. What does this mean?

Answer 7

Answer:
A real possibility is the same as something that could well happen.

Requires that the defendant has recognized the risk the offence anticipates as being possible

Question 8

What are examples of no social utility and high social utility?

Answer 8

Answer:
An example of no social utility would be a game of Russian Roulette or personal violence with a risk of serious injury or death.

An example of high social utility would be a surgeon performing a risky but potentially life saving surgery.

Question 9

To show the State of mind meets the provisions of s167(b) What must you establish of the defendant?

Answer 9

Answer:

• 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 10

When making a decision on an object that is unlawful and the actions of the defendant as described in s167(d) provided the defendant had knowledge their actions are likely to cause death, What may the jury use to make that decision?

Answer 10

Answer:
The jury decides whether the defendant had knowledge that their action/s were likely to cause death based on
inferences from all the circumstances, including what the defendant said and did at the time.

Question 11

What sections of the Crimes Act 1961 provide for the criminal responsibility of people who are in the course of carrying out an unlawful act when one of them kills someone?

Answer 11

Answer: 
Sections 66(2) parties to offences and 168 - extended definition of murder.

Question 12

Define s66(2) of Crimes Act 1961.

Answer 12

Answer:
Where 2 or more persons form a common intention to prosecute any unlawful purpose and to assist each other therein,
Each of them is party to every offence committed by any one of them
in the prosecution of the common purpose if the commission of that offence was known to be a probable consequence of the prosecution of the common purpose.

Question 13

Under s168(2) CA61 what are the offences referred to in subsection (1) as those specified in the provisions of this Act?

Hint:
M. A. R. K. E. T B. A. P. P. S

Answer 13

Answer:
Murder. Arson. Robbery. Kidnapping. Escape/rescue from prison. Treason

Burglary. Abduction. Piratical acts. Piracy. Sabotage. Sexual violation

Question 14

Under s168 it is sufficient if the offender does any of the acts listed for one or other of the purposes stated

Does the secondary party need to know the principle party might do the act that causes death?

Is it necessary that the secondary party knew the death was a probable consequence of their carrying out their primary purpose?

Answer 14

Answer:
Yes

Answer:
No but it must be shown that the secondary party knew it was a probable consequence that the principle might do an act that would, if death caused, bring their conduct within terms of section 168.

Eg. Two offenders rob a dairy armed with a loaded gun. The principle says to the secondary prior to entry. You grab the loot and if the owner gets in your way I’m gonna put one in his head.
Make sure you grab the till

Question 15

Define parties to an offence under s66(1) CA1961.

Answer 15

Answer:
Everyone is party to and guilty of an offence who -
(a) actually commits the offence; or
(b) does or omits an act for the purpose of aiding any person to commit the offence; or
(c) abets any person in the commission of the offence; or
(d) incites, councils or procures any person to commit the offence.

Question 16

Under s172 CA61 what is the penalty for murder?

Answer 16

Answer:

(1) Every person who commits murder is liable to imprisonment for life
(2) subsection (1) subject to s102 of the Sentencing Act 2002 [used where life imprisonment would be manifestly unjust based on the circumstances of the offence and offender.

Question 17

What is necessary for the prosecution to establish when a charge of parties is involved?

Answer 17

Answer:
To prove an attempt the defendant must have done or omitted to do some act that is/are sufficiently close to the full offence.

The defendant must have started to commit the full offence and have gone beyond the phase of mere preparation.

Question 18

What case law relates to acts done in isolation where the context is looked at collectively?

Answer 18

Answer:
R v Harpur. The defendant carried out a number of acts which taken together, constituted an attempt to commit sexual violation.
The defendant moved beyond the point of preparation and was lying in wait for his victim.

Question 19

According to Simester and Brookbanks what questions should be asked in determining the point at which an act of mere preparation may become an attempt?

Answer 19

Answer:
- Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt? or

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

Question 20

In relation to proximity, What is the question of law?

Answer 20

Answer:

It is a question that is decided by a judge based on the assumption that the facts of the case are proved.

Question 21

What is the section and penalty for attempted murder?

Answer 21

Answer:

Section 173 CA1961. The penalty is a term not exceeding 14 years imprisonment

Question 22

What are the ingredients of s174 CA61 - Counselling or attempting procure murder?

What can the inciter, counsellor or procurer also be charged and convicted on in this situation?

Answer 22

Answer:
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.

Answer:
As a party to an attempt under s66(1)(d) to an attempt to murder.

Question 23

What are the ingredients to s175(1) CA61 - Conspiracy to Murder?

Answer 23

Answer:
Everyone who
Conspires or agrees with any person 
To murder any person other person
Whether the murder is in NZ or elsewhere

Question 24

Under s175(2) CA61 - What does this relate to in terms of a murder?

Does it matter under this section whether the person is murdered or not?

Answer 24

Answer:
Subsection (2) The expression To murder includes to cause the death of another person out of NZ in circumstances that it would amount to murder if the act were committed in NZ.

Answer:
No

Question 25

What is the punishment under s176 CA61 for accessory after the fact to murder?

What section covers accessory after the fact?

Answer 25

Answer:
A maximum of 7 years imprisonment.

Answer:
Section 71(1) CA61