MUST KNOWS 3 Flashcards
R v Murphy
When proving an attempt to commit offence it must be shown that accused intention was to commit the substantive offence. In a case of attempted murder it is necessary for crown to establish an actual intent to kill
R v Harpur
Defendants conduct to be viewed cumulatively up until the point where the conduct in question stops. Conduct to be considered in its entirety. What’s left to be done is always relevant though not determinative
Where is it an offence to counsel or attempt to procure murder?
Within New Zealand (procure etc any other person within NZ, when that murder is not in fact committed)
Where is it an offence to conspire to murder?
Murder in NZ and outside NZ if circumstances would amount to murder if act were committed in NZ and whether murder is committed or not
R v Mane
For a person to be an accessory, offence must be complete at the time of involvement ie can’t be an accessory to murder if person has been seriously injured at time of assistance but not dead yet
Section 178 definition (infanticide)
Where a woman causes death of any child of her under the age of 10 in a manner which amounts to culpable homicide and where at the time of the offence the balance of her mind was disturbed by reason of her not having fully recovered from birth to that child or any other child
What is Section 151 and 153 of Crimes Act 1961?
S151 - Duty to provide necessaries and protect from injury
S153 - Duty of employers to provide necessaries
Definition of Section 152
Everyone who is a parent, or is a person in place of a parent, who has actual care or charge of a child under 18 is under legal duty to
- Provide that child with necessaries
- Take reasonable steps to protect from injury
R v Blaue circumstances and caselaw
Jo-ho was stabbed but refused to accept a bloody transfusion, as it was against her beliefs, knowing it may kill her. Cause of death was bleeding caused by the stabbing.
Offender tried to appeal on being unreasonable
R v Blaue - those who use violence must take their victims as they find them
Section 180(3) definition of suicide pact
Means a common agreement between 2 or more persons having for its object the death of all of them, whether or not each is to take his own life
What is the intent for concealment of a body of a child?
Act must be done with the intent of concealing the fact of birth, whether the child died before, during or after birth
Section 16(1) defines circumstances:
- Content of the statement
- Nature of the statement
- Circumstances surrounding the statement
- Veracity of witness
- Accuracy of what witness observed
Explain Section 21 and S22 (defence)
Section 21 - No person under 10 shall be convicted of an offence
Section 22 - No person aged 10 to 14 shall be convicted unless they knew act or omission was contrary to law or wrong
R v Forrest and Forrest
Best evidence possible in the circumstances should be adduced by the prosecution in proof of victims age
Who does the burden of proof sit with for insanity?
Defence. Balance of probabilities.
R v Cottle
As to degree of proof, it is sufficient if the plea is established to satisfaction of jury on a preponderance of probabilities without necessarily excluding all reasonable doubt
R v Clark
The decision to an accused insanity is always for the jury and a verdict inconsistent with medical evidence is not necessary unreasonable. But where unchallenged medical evidence is supported by surrounding facts a jury’s verdict must be founded on that evidence which shows that the accused did not and had been unable to know that his act was morally wrong
M’Naghtens rules
Is a person acting under such a defect of reason from a disease of the mind that they did not know
- The nature and quality of their actions
- That what they were doing was wrong
Where is a disease of the mind decided?
It is a legal question, not a medical one
R v Codere
The nature and quality of the act means the physical character of the act. The phrase does not involve any consideration of the accused’s moral perception nor his knowledge of the moral quality of the act. Thus a person who is so deluded that he cuts a woman’s throat believing that he is cutting a loaf of bread would not know that nature and quality of his act.
