Questions #2

Question 1

Outline M’Naghtens rules

Answer 1

Frequently used to establish whether oor 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 a disease of the mind that they did not know;

• the nature and quality of the act
• That what they were doing was wrong

Question 2

List four statutory legal duties in respect of CA61

Answer 2

• Provide the necessaries and protect from injury s.151
• Provide necessaries and protect from injury to your charges when you are a parent / guardian s.152
• Provide necessaries when you are an employer s. 153
• Use reasonable knowledge and skill when performing dangerous acts suck as surgery s. 155
• Take precautions when in charge of dangerous things such as machinery s.156
• Avoid omissions that will endanger life s. 157

Question 3

Difference between counseling /attempt to procure murder (s.174) and conspiracy (s.175)

Answer 3

s.174 requires that the offence be committed in NZ
s.175 murder can take place outside Z
S.174 only applies if the murder was not in fact committed