Other Muder Chargers

Question 1

List the difference between counselling or attempting to procure murder (s174) and conspiracy to Murder (s175)

Answer 1

Counselling or attempting to procure murder requires that the offence is to be committed in 🇳🇿 NZ and only applies if the murder is not in fact committed ❌

whereas with conspiracy to murder, the murder can take place in New Zealand or elsewhere and applies regardless of whether murder is committed or not

Question 2

What are the ingredients to accessory after the fact to murder?

Answer 2

Knowing any person to have been party to murder
receives,
comforts,
assists that person,
or
tampers with
or
actively suppresses evidence against that person in order to enable him to escape after arrest
or
to avoid conviction.

Question 3

What is the penalty for Accessory after the fact to murder?

Answer 3

7 years

Question 4

What was held in case lane Mane? About accessory after the fact

Answer 4

For a person to be an accessory the offence must be complete at the time of the criminal involvement.

One cannot be convicted of being an accessory after the fact of murder when the actus reus of the alleged criminal conduct was wholly completed before the offence of homicide was completed.

Question 5

What is Voluntary Manslaughter?

Answer 5

Mitigating circumstances,
such as a suicide pact,
reduce what would otherwise be murder to manslaughter, even though the defendant may have intended to kill or cause grievous bodily harm.

Question 6

What is involuntary manslaughter?

Answer 6

Covers those types of unlawful killing in which the death is caused by an unlawful act or gross negligence.

In such cases there has been no intention to kill or to cause grievous bodily harm

Question 7

what is the four-point test for proving an unlawful act for manslaughter?

Answer 7

1. The defendant must intentionally do an act
2. The act must be unlawful
3. The act must be dangerous
4. The act must cause death

Question 8

Explain Section 150A:

Answer 8

Before a conviction can be obtained for manslaughter where one of the sections referred to is section 150A(1) the prosecution must prove a “very high degree” of negligence or “gross negligence”.

Question 9

John is playing rugby. He decides to make a hard tackle on an opponent which results in that opponent breaking their neck and dying. Would John be charged with any offence, and if so, what offence?

Answer 9

When death occurs during a lawful game or contest, such as football or hockey, the death is treated as non-culpable homicide unless the defendant’s actions were likely to cause serious injury, in which case the defendant is guilty of manslaughter.

• In this instance, it would depend on the nature of the tackle. If the tackle was extremely dangerous and likely to cause death, then he would be guilty of manslaughter. If the tackle was routine but the opponent sustained the injuries by freak accident or in a unforeseen way, such as simply landing in an unfortunate position, then John would not be culpable.

Question 10

23) Two people get into a sudden fight and one person dies from injuries received during the fight. What statement is correct in relation to any offences the survivor is liable for

(a) If the homicide can be justified as having arisen out of self-defense the proper verdict is manslaughter
(b) If the fact there was a fight negates that the defendant had the required mens rea to bring a charge of murder within section 167, the proper verdict is manslaughter
(c) If the fact there was a fight negates that the defendant had the required mens rea to bring a charge of murder within section 167, the proper verdict is an acquittal

Answer 10

(b)