Practice Test 3

Question 1

What is the penalty for attempted murder?

Answer 1

14 years.

Question 2

Define R v Tarei?

Answer 2

R v Tarei
Withdrawal of any form of life support system is not ‘treatment’ under s166 CA61. To withdraw life support does not cause death but removes the possibility of extending the persons life through artificial means.

Question 3

Outline section 181 of the CA61 (Concealing a dead body of a child)?

Answer 3

Everyone is liable to imprisonment for a term not exceeding 2 years who 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.

Question 4

Section 153 of the CA61, what is the relevant age of the person who is employed?

Answer 4

Under the age of 16 years.

Question 5

Pursuant to s22(3)(a) of the Criminal Disclosure Act 2008, the notice under subsection 1 must include? (Alibi)

Answer 5

(3) Without limiting subsection (1)-
a) the notice under subsection 1 must include the name and address of the witness or, if the name and address is not known to the defendant when the notice is given, any matter known by the defendant that might be of material assistance in finding that witness.

Question 6

Before a conviction can be obtained for manslaughter, where one of the sections referred to is section 150A(1) of the Crimes Act 61, what must the prosecution prove?

Answer 6

The prosecution must prove a very high degree of gross negligence.

Question 7

Proximity is a question of law decided by who? (attempts)

Answer 7

The judge.

Question 8

Written notice of an alibi is to be given by the defendant?

Answer 8

Within 10 working days after the defendant is given notice under section 20 of the Criminal Disclosure Act 2008.

Question 9

Define R v Cox?

Answer 9

R v Cox
Consent must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to form a rational judgment.

Question 10

As a general guideline, most offences will require an intent of some kind. Outline a defence that would therefore be generally available?

Answer 10

The defence of intoxication will be available to the defence to establish that the defendant did not have the required intent to carry out the offence.

Question 11

Provide an overview of the culpability of persons involved in suicide pacts?

Answer 11

Any survivor of a suicide pact is guilty of being a party to a death (if death of another person within the pact ensues). Manslaughter.

Question 12

Outline s25 of the Crimes Act 61, (Ignorance of Law)?

Answer 12

The fact that the offender is ignorant of law is not an excuse for any offence committed by him.

Question 13

Outline “M’Naghtens rules”?

Answer 13

The M’Naghtens rules (or test) is frequently used to establish whether or not a defendant is insane. It is based on the persons ability to think rationally, so that if a person is insane they were acting under such a defect of reason from disease of the mind that they did not know:

• The nature and quality of their actions, or
• That what they were doing was wrong.

Question 14

List four statutory legal duties in respect of the Crimes Act 1961?

Answer 14

• Provide the necessaries and protect from injury (s151).
• Provide necessaries and protect from injury to your charges when you are a parent or guardian (s152).
• Provide necessaries as an employer (s153).
• Use reasonable knowledge and skill when performing dangerous acts, such as surgery (s155).
• Take precautions when in charge of dangerous things, such as machinery (s156).
• Avoid omissions that will endanger life (s157).

Question 15

List the difference between counselling or attempting to procure murder s174 and conspiracy to murder s175?

Answer 15

Counselling or attempting to procure Murder requires that the offence is to be committed in NZ or elsewhere.

Counselling or attempting to procure murder only applies if the murder is not in fact committed, whereas conspiracy to murder applies regardless of whether murder is committed or not.

Question 16

Section 159(1) & (2) of the crimes act defines when a child becomes a human being and is therefore able to be murdered under section 158. Detail the provisions of section Section 159(1) & (2)?

Answer 16

159(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 naval string is severed or not.

159(2) the killing of such child is homicide if it dies in consequence of injuries received before, during or after birth.

Question 17

State the ingredients of infanticide s178 CA61?

Answer 17

Infanticide s178.
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 murder or manslaughter, and is liable to imprisonment for a term not exceeding 3 years.

Question 18

In general, no is criminally responsible for the killing of another by any influence of the mind, what are the exceptions to the rule?

Answer 18

• Willfully frightening a child under 16 years of age.

- Willfully frightening a sick person (mentally or physically)

Question 19

What is meant by the term “justified” provide two examples?

Answer 19

Note that some acts are justified even when they result in death. Section 2 provide that when an act is justified the perpetrator is exempt from both criminal and civil liability.
Examples of such acts include:
-Homicide committed in self-defence.
-Homicide committed to prevent suicide or commission of an offence which would be likely to cause immediate and serious injury to the person or property of any one (s41)

Question 20

Define the term “sucide pact” s180(3) CA61?

Answer 20

Suicide Pact s180(3)?
For the purposes of this section the term suicide pact means a common agreement 2 or more persons having for its object the death of all of them, whether or not each is to take his own life, but nothing done by a person who enters into a suicide pact shall be treated as done by him in pursuance of the pact unless it is done while he has settled intention of dying in pursuance of the pact.