Questions Flashcards
Can an organisation be convicted of murder or manslaughter? Explain
No because the killing must be done by a human, an organisation cannot be convicted as the principal offender. They can be convicted as a party to manslaughter. Cannot be convicted of murder as principal or a party as it is not possible for an organisation to serve the mandatory life sentence.
Section 160 of the Crimes Act 1961 defines what constitutes culpable homicide. What are the
five ways set out in subsection (2) of this section?
- An unlawful act
- An omission without lawful excuse to perform or observe any legal duty
- An unlawful act and an omission to perform a legal duty
- Using threats, fear of violence or deception to make the victim do an act that leads to their death.
- Wilfully frightening a child under 16 or a sick person
What is the legal view of consent to death?
The law does not recognise the right of a person to consent to their being killed. As a consequence, their consent does not affect the criminal responsibility of anyone else involved in the killing.
Is a body required to prove the death of a person? Explain your answer with reference to
case law R v Horry.
No. (R V Horry) Death should be provable by such circumstances as render it morally certain and leave no ground for reasonable doubt - that the circumstantial evidence should be so cogent and compelling as to convince a jury that upon no rational hypothesis other than murder can the facts be accounted for.
Would you be charged with any offence if you fatally injured another player during a rugby
match? If so, what might the charges be?
No not if they died from injuries received while playing. However would be guilty of manslaughter if actions were considered likely to cause serious injury as you should have been aware at the time and refrained from action.
If an offender intends to kill A but inadvertently strikes the fatal blow to B, is the offender
still guilty of murder?
Yes, S167C if the offender means to cause the death of one person and by mistake kills another person then it is murder.
In a charge of attempt to murder, what is the Crown required to prove?
Must establish the mens rea and actus rea. An intention to kill must be proved.
Define voluntary and involuntary manslaughter
Voluntary manslaughter - mitigating circumstances (suicide pact) reduce what would be murder to manslaughter.
In-voluntary manslaughter covers types of unlawful killing in which death is caused by criminal negligence. No intention to kill or cause GBH.
What types of things fall into the category of dangerous things discussed in s156 of the
Crimes Act 1961?
Statutory duty of people in charge of dangerous things to take reasonable precautions to ensure peoples safety eg. motor vehicles, trains, animals, ships, weapons.
In one incident a man stabs a woman repeatedly; the same thing happens in another incident
involving a different man and woman. As a result, both women need to undergo emergency
surgery during which both die of heart failure. The first woman suffers heart failure in an
unpredicted reaction to the anaesthetic, whereas the second woman, although she suffers the
same reaction and with the same result, wears a medic-alert badge carrying information about
her known heart condition and reaction to anaesthetic. Is there any difference in these cases?
Is anybody held legally responsible for either of their deaths? If so, who, and what would the
charge be?
If a woman is stabbed repeatedly and, during emergency surgery in relation to those wounds,
dies of a heart attack where all reasonable precautions have been taken, the person who
stabbed her initially and not the medical staff are responsible for her death. The degree of
liability depends on the element of mens rea and whether the attack was provoked. However,
if the woman was wearing a medic-alert bracelet that described her heart condition and her
reaction to anaesthetic, and the anaesthetist failed to notice it, the person who did the
stabbing would not be culpable and the anaesthetist’s actions would need to be scrutinised
under the provisions of s155 of the Crimes Act 1961 (duty of persons doing dangerous acts)
to evaluate their responsibility. Simply, the death needs to be a direct result of the initial
attack and not related to another condition.
Is a person who helps another person commit suicide criminally liable for their actions?
Explain your answer.
Yes they are criminally liable.
Because the law does not recognise a person’s right to consent to death, people who help
another to commit suicide or who are part of a suicide pact but survive are responsible for the
other person’s death. In such cases the surviving person is charged with manslaughter.
If a person is deemed to have been justified and not criminally liable for an offence, may they
then be proceeded against in a civil action?
Justified means that the person is not guilty of an offence and is not liable civilly
When interviewing 10 – 13-year-old children for the offence of murder, what must be shown
in addition to the mens rea and actus reus requirements for the child to be held criminally
liable for the offence?
For children aged 10-13 it must be shown that the child knew their act was wrong or contrary to law.
From whom should you seek advice in relation to questioning of children and young
persons?
District Youth Prosecutor
A 13-year-old charged with murder, having been the subject of a committal hearing in the
Youth Court, will be remanded to appear next in which court to have the matter heard?
The High Court
What does “protected from criminal responsibility” mean?
Not guilty of an offence but civil liability may still arise.
What type of defence does a child under 10 years have?
An absolute defence
What is the standard of proof required to prove the defence of insanity to the satisfaction of
the jury?
On the balance of probabilities
Is the term “disease of the mind” a question of Fact for the jury to decide or a question of
Law for the judge to decide?
A question of law
What are the two types of automatism?
Sane and insane
How is automatism best described?
A state of total blackout, during which a person is not conscious of their actions and not in control of them.
What is the likely result of a trial where the defendant is found to have been in a state of
automatism from intoxication?
Complete acquittal
What is compulsion?
The act of compelling a person to do something against their will.
In relation to compulsion, what does “immediate” mean?
At the scene from a person present at the time.
What in effect is a defence of mistake?
A denial of intent
How does the defence of entrapment apply in New Zealand? Outline at least one case to
explain your answer.
With the defence of entrapment in New Zealand, the courts rely on judicial discretion to
exclude unfairly obtained evidence.
Police v Lavalle (1979) provides police good guidance
on how the courts apply judicial discretion in the context of “entrapment”. In that case, the
Court of Appeal held that the undercover officers were merely providing L the opportunity to
recruit (and live off the earnings) of women involved in prostitution, an activity the evidence
showed he was already willing to engage in.
What is the test of self-defence?
Subjective
Who decides whether there is evidence of self-defence?
The judge
What does “alibi” mean?
Elsewhere at the material time
What people are considered unable to give consent?
A child
Someone unable to rationally understand the implication of their defence
Someone subject to force, threats of force or fraud
What actions do not allow for a defence of consent?
-Aiding suicide
- Criminal actions
- Injury likely to cause death
- Bodily harm likely to cause a breach of the peace
- Indecency offences
- The placing of someone in a situation where they are at risk of death/gbh.
What is the penalty for attempted murder?
14 Years
Outline Section 181 Crimes Act concealing a dead child
Disposes of the dead body of any child in any manner with intent to conceal the fact of its birth, whether the child died before, during or after birth
In which Court does a youth facing a charge of murder/manslaugher appear?
Over 14 heard in High Court following committal process.
