Offences Flashcards
What is Killing by influence on the mind: definition
Act/section
S163 CA61
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.
EXAMPLE: doctor gives a ‘joke’ note to patient saying they are dying of cancer. The patient then commits suicide. the doctor could be charged under s163
Counselling or attempting to procure murder
Act/section and definition
S174 CA61
Incites, counsels, or attempts to procure any person to murder any other person in New Zealand, when that murder is not in fact committed.
10 yrs imprisonment
Conspiracy to murder - act / section and definition
S175 CA61
Conspires or agrees with any person to murder any other person, whether the murder is to take place in New Zealand or elsewhere.
10 Yrs imprisonment
Of note
(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.
Accessory after the fact to murder
act / section - punishment
S176 CA61
Every one is liable to imprisonment for a term not exceeding 7 years who is an accessory after the fact to murder.
What is the act/section of attempted murder?
what must the crown establish for this offence?
What is the punishment?
Sec 173, CA1961
Crown must establish the mens rea and actus reus as set out in Sec 72.
Punished by 14 years imprisonment
Manslaughter - act/section and penalty
S177 CA61
(1) Every one who commits manslaughter is liable to imprisonment for life.
Of note
However, the judge, taking all matters into consideration, may impose any penalty from a fine to life imprisonment, depending on the circumstances.
Aiding and abetting suicide:
Act / section - penalty
S179 CA61
Every one who—
(a) Incites, counsels, or procures any person to commit suicide, if that person commits or attempts to commit suicide in consequence thereof; or
(b) Aids or abets any person in the commission of suicide.
14 years imprisonment
Suicide pact: (1)
Act/Section
S180(1) CA61
(1) Every one who in pursuance of a suicide pact kills any other person is guilty of manslaughter and not of murder, and is liable accordingly.
Concealing dead body of a child:
Act/section and penalty
Sec 181 CA61
Everyone who disposes of the dead body of a child in any manner with intent to conceal the fact of its birth, whether the child died before, during or after birth.
2 years imprisonment.
Causing death that might have been prevented.
S165 CA61
Every one who by any act or omission causes the death of another person kills that person, although death from that cause might have been prevented by resorting to proper means.
(R v BLAUE)
Causing injury the treatment of which causes death
Sec 166 CA61
Every one who causes to another person any bodily injury, in itself of a dangerous nature, from which death results, kills that person, although the immediate cause of death be treatment, proper or improper, applied in good faith
What are Sections 163 - 181?
163 - Killing by influence on the mind
165 - Causing death that may have been prevented
166 - Causing injury the treatment of which causes death
167 - Murder
168(1) - Further murder
173 - Attempted Murder
174 - Counselling/attempts to procure murder
175 - Conspiracy to murder
176 - Accessory after the fact to murder
177 - Manslaughter
178 - Infanticide
179 - Aids/abets suicide
180(1) - Suicide Pact
181 - Concealing dead body of child
When is culpable homicide murder under Sec 167?
Culpable homicide is murder in each following case:
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 any one.
When is culpable homicide murder under Sec 168?
(1) 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 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 of the purposes aforesaid, and death ensues 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 ensues from such stopping of breath.
Manslaughter: act section
Sec 171:
except for 178, culpable homicide that is not murder is manslaughter.
