Must Knows Flashcards
In relation to infanticide, who decides on the mothers state of mind
The jury
A written notice of an alibi must include
Name and address
For a child aged between 10 -13 charged with murder or manslaughter, what court is their trial held in
First appearance in the youth court and then transferred to the high court for trial and sentencing
What was held in R v Horry
Death should be provable by the circumstances that render it morally certain and leave no ground for reasonable doubt that the circumstantial evidence be so cogent and compelling as to convince the jury that upon no rational hypothesis other than murder can the facts be accounted for
What are the legal duties as referred to in S160(2)(b) culpable homicide are defined as:
- cases where nothing is done when there is a legal duty to act in cases of positive conduct accompanied by a failure to carry out a legal duty of care
- if death results from either omission, the defendant may be convicted of manslaughter if there is sufficient fault or murder if the defendant had the intent
What was held in R v Blaue
Those who use violence must take their victims as they find them.
The victim was stabbed and refused a blood transfusion because it was against their religious belief. Despite warning that she would die, she continued to refuse and died the following day. The cause of death was bleeding caused by stabbing. An appeal against the conviction of manslaughter on the ground of her refusal to have a blood transfusion broke the chain of causation between the stabbing and her death was dismissed
The general rule has been that intoxication may be a defence to the commission of an offence where
-The intoxication causes a disease of the mind, bringing insanity into effect
-If the intent is required as an essential element of the offence and the drunkenness is such that the defence can plead a lack of intent to commit the offence
- where the intoxication causes a state of automatism
Applications in Nz courts in relation to Automatism involving drugs and alcohol
-Nz principle is that self induced intoxication can lead to a defence of automatism if the evidence supports the defence
- in NZ the courts are likely to allow a defence of automatism from taking drugs and alcohol to offence of basic intent only
- the courts are likely to disallow a defence where the state of mind is self induced, the person is blameworthy and consequences were expected
What is the definition of willfulling frightening
Is regarded as intending to frighten or at least be reckless as to this
What was held in R v Ranger in relation to preemptive striking
A woman stabbed her partner in the stomach causing him to die after he said he would kill her and her son whilst reaching under the bed where he kept his gun. He didn’t have the gun in his possession but they were stored under his bed. The court found that if the defendant thought that her and her son’s lives were in danger and that the enraged deceased might attempt to shoot them with the rifle nearby, then it would going to far to think that a jury could not entertain a reasonable doubt as to whether a pre-emptive strike with a knife would be reasonable in the circumstances
When charging an offender with murder under S167, to prove intent you must show the defendant …
Intended to cause death
Know that death was likely to ensue
Was reckless that death would ensue
What is the view of the nz courts in relation to defence of entrapment
Nz courts reject entrapment as a defence, preferring to rely on the discretion of the trial judge to exclude evidence that would operate unfairly against the defendant. Exclusion may be considered where the law enforcement agents generate the offending l.
