Part 2 Flashcards
Section 159 (1) & (2) of the Crimes Act 1961 defines when a child becomes a human being and is therefore able to be murdered under section 158.
Detail the provisions of section 159 (1) & (2)
(1) A child becomes a human being within the meaning of this Act when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, whether it has an independent circulation or not, and whether the navel string is severed or not.
(2) the killing of such child is homicide if it dies in consequence of injuries received before, during, or after birth.
In common law, allegations of culpable homicide have been supported where the offenders have caused death by particular circumstances. Name any four of these circumstances.
- Committing arson
- Giving a child an excessive amount of alcohol to drink
- Placing hot cinders and straw on a drunk person to frighten them
- Supplying heroin to the deceased
- Throwing concrete from m/way bridge into an approaching car
- Conducting an illegal abortion.
In relation to Section 160(2)(d) of the Crimes Act 1961, give two practical examples of culpable homicide which has been caused by the victims actions, prompted by threats on fear of violence.
- Jumps or falls out of a window because they think
they are going to be assaulted - Jumps into a river to escape an attack and drowns
- Who has been assaulted and believes their life is
in danger, jumps from a train and is killed.
To establish proof of death, in relation to homicide, you must prove three key elements, they are.
- Death occurred
- Deceased is identified as the person who has
been killed - The killing is culpable.
- Death can be proved by direct and/or
circumstantial evidence.
What is the definition of the period “a year and a day” as outlined in section 162(2) of the Crimes Act 1961?
(2) The period of a year and a day shall be reckoned inclusive of the day on which the last unlawful act contributing to the cause of death took place.
Section 168(1)(a) of the Crimes Act 1961 refers to the term “grievous bodily injury” what does this mean and give an example of such an injury.
In subsection (1)(a), “grievous bodily injury” means harm that is very serious, such as injury to a vital organ.
Under S168(1)(c) Wilfully stopping the breath of any person for the purpose of facilitating the commission of any offence in S168(2).
In the test for proximity, Simester and Brockbanks (Principles of Criminal Law 224) suggest the following questions should be asked in determining the point at which an act of mere preparation of committing a crime may become an attempt. What are those two questions?
- Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt? Or
- Has the offender actually commenced execution; that is to say, has he taken a step in the actual crime itself?
What was held in R v Mane?
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.
What is involuntary manslaughter?
Covers those types of unlawful killings 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.
State the ingredients of infanticide (s178 of the Crimes Act 1961).
(1) Where a woman causes the death of any child of hers under the age of 10 years in a manner that 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 the effect of giving birth to that or any other child,
or by reason of the effect of lactation,
or by reason of any disorder consequent upon childbirth or lactation,
to such an extent that she should not be held fully responsible, she is guilty of infanticide, and not of murder or manslaughter,
and is liable to imprisonment for a term not exceeding 3 years.
Outline R v Blaue.
Those who use violence must take their victims as they find them.
(Jehovah witness who had been stabbed refused to accept a blood transfusion, dies.
Appeal was unsuccessful as the question for decision is what caused her death.
The answer is a stab wound.
Liability depends on the mens rea not on the victim’s subsequent actions)
Section 18 general admissibility of hearsay evidence act 2006.
(a) the circumstances relating to the statement provide reasonable assurance that the statement is reliable; and
(b) either;
(i) the maker of the statement is unavailable as a witness,
or
(ii) the judge considers that undue expense or delay would be caused if the maker of the statement were required to be a witness.
What was held in R v Clancy?.
“The best evidence as to the date and place of a child’s birth will normally be provided by a person attending at the birth or the child’s mother …
Production of the birth certificate, if available, may have added to the evidence but was not essential.”
Define Automatism.
Automatism can best be described as a state of total blackout, during which a person is not conscious of their actions and not in control of them.
What is “Sane” and “Insane” Automatism?
Automatism may be quite different and distinct from insanity, although it may be due to a disease of the mind. Hence it is necessary to distinguish between:
Sane automatism - The result of somnambulism (sleepwalking), a blow to the head or the effects of drugs.
Insane automatism - The result of a mental disease.
General rule has been that intoxication may be a defence to the commission of an offence:
(1) where the intoxication causes a state of automatism (complete acquittal1)
(2) where the intoxication causes a disease of the mind so as to bring s23 (insanity) of the CA 61 into effect
(3) if 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
What is the Courts view of entrapment?
In New Zealand the courts have rejected entrapment as a defence per se, preferring instead to rely on the discretion of the trial judge to exclude evidence that would operate unfairly against the accused.
Outline the subjective and objective tests relating to section 48 of the Crimes Act 1961.
Once the accused has decided that use of force was required (a subjective view of the circumstances as the accused believed them),
Section 48 then introduces a test of reasonableness which involves an objective view as to the degree and manner of the force used
Define Alibi.
“An alibi is the plea in a criminal charge of having been elsewhere at the material time: the fact of being elsewhere”
10 working days,
under section 20,
and must include name and address of the witness
Section 2 Justified defined.
In relation to any person, means not guilty of an offence and is not liable civilly.
