Practice Test 4

Question 1

How do NZ courts deal with a defence of Automatism arising out of taking alcohol or drugs?

Answer 1

In NZ, the courts are likely to steer a middle course, allowing a defence of automatism arising out of taking alcohol and drugs, to offences of basic intent only. They are likely to disallow the defence where the state of mind is obviously self-induced, the person is blameworthy, and the consequence could have been expected.

Question 2

Provide three guidelines in respect of consent regarding assault?

Answer 2

1. Everyone has a right to consent to a surgical operation.
2. Everyone has a right to consent to the infliction of force not involving bodily harm.
3. No one has the right to consent to their death or injury to cause death.
4. No one has a right to consent to bodily harm in such a manner as to amount to a breach of the peace, or in a prize fight or other exhibition calculated to collect together disorderly persons.
5. It is uncertain to what extent any person has a right to consent to their being put in danger of death or bodily harm by the act of another.

Question 3

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?

Answer 3

• 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 a large piece of concrete from a motorway over the bridge into the path of an approaching car.
• Conducting an illegal abortion.

Question 4

In relation to s160(2)(d) of the Crime Act, give two practical examples of culpable homicide which has been caused by the victims actions, prompted by threats on fear of violence?

Answer 4

1. Jumps or falls out of a window because they think they are going to be assaulted.
2. Jumps into a river to escape an attack and drowns.
3. Who has been assaulted and believes their life is in danger, jumps from a train and is killed.

Question 5

To establish proof of death, in relation to homicide, you must prove three key elements, they are?

Answer 5

1, Death occurred.
2, Decease is identified as the person who has been killed.
3, The killing is culpable.

Death can be proved by direct and/or circumstantial evidence.

Question 6

In the test for proximity, simester and brookbanks 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?

Answer 6

1, Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt? or

2, Has the offender actually commenced execution,t hat is to say, has he taken a step in the actual crime itself ?

Question 7

Give an example when murder might be reduced to manslaughter even though the accused intended to kill or cause GBH?

Answer 7

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

Question 8

Define Alibi?

Answer 8

An alibi is the plea in a criminal charge of having been elsewhere at the material time, the fact of being elsewhere.

Question 9

Explain what is meant by section 160(2)(b) of the CA61, omission to perform a legal duty?

Answer 9

This covers cases where nothing is done when there is a legal duty to act, and certain cases of positive conduct accompanied by a failure to discharge a legal duty, in a particular a duty of care.

Question 10

What are the legal duties of a parent or guardian under section 152 CA61?

Answer 10

Everyone who is a parent, or is a person in place of a parent, who is actual care or charge of a child under the age of 18 is under a legal duty:

a) To provide that child with necessaries, and
b) To take reasonable steps to protect that child from injury.

Question 11

What is a strict liability offence?

Answer 11

Any offence that does not require an intent is called a strict liability offence and the only way a defendant can escape liability for such offence is to prove a total absence of fault.

Question 12

What is the required state of mind for section 167(b) of the CA61?

Answer 12

To show that the accused state of mind meets the provisions of 167(b), you must establish that the accused:

• Intended to cause bodily injury to the deceased.
• Knew the injury was likely to cause death.
• Was reckless as to whether death ensued or not.

Question 13

Define Automatism?

Answer 13

Automatism can best be described as a state of total blackout, during which time a person is not conscious of their actions and not in control of them.

Question 14

What is the procedure when alibi witnesses are interviewed?

Answer 14

The o/c should not interview unless requested to do so.
If an interview is requested, follow this procedure:

1, Advise the defence counsel of the proposed interview and give them reasonable opportunity to be present.
2, If the accused is not represented, endeavor to ensure the witness is interviewed in the presence of some independent person not being a member of the police.
3, Make a copy of a witnesses signed statement taken at any such interview available to defence counsel through the prosecutor. Any information that reflects on the credibility of the alibi witness can be withheld under 16(1)(o).

Question 15

If the defendant intends to call an expert witness during proceedings, what must they disclose to the prosecution?

Answer 15

• Any brief of evidence to be given or any report provided by that witness, or
• If that brief or any such report is not available, a summary of the evidence to be given and the conclusions of any report to be provided.
• This information must be disclosed at least 14 days before the date fixed for the defendants hearing or trial, or within any further time that the court may allow.