Short Answer 3 Flashcards
- Explain what is meant by 160(2)(b)
This covers cases where nothing is done when there is a legal duty to act, and failure to discharge a legal duty, in particular a duty of care. If death results from any such omission the defendant may be convicted of manslaughter, provided there was sufficient fault, or murder if the defendant had the requisite mens rea
- Willfully Frightening definition
“Wilfully frightening” is regarded as “intending to frighten, or at least be reckless as to this”. Adams on Criminal Law
- R v Horry
R v Horry [1952] NZLR 111, 123
Death should be provable by such circumstances as render it morally certain and leave no ground for reasonable doubt – that the circumstantial evidence
should be so cogent and compelling as to convince a jury that upon no rational hypothesis other than murder can the facts be accounted for.
- R v Harney
R v Harney [1987] 2 NZLR 576 (CA)
“[Recklessness involves] foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.”
- Explain voluntary manslaughter
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.
- Explain the difference between voluntary and involuntary manslaughter
Voluntary Manslaughter covers were there is an intention to kill or cause grievous bodily harm.
In voluntary Manslaughter covers an unlawful killing in which the death is caused by an unlawful act or gross negligence.
- What are duties of a parent / guardian under section 152
152 Duty of parent or guardian to provide necessaries and protect from injury
(1) Every one who is a parent, or is a person in place of a parent, who has actual care or charge of a child under the age of 18 years is under a legal duty—
(a) to provide that child with necessaries; and
(b) to take reasonable steps to protect that child from injury.
- Complete the sentencing for the section of abandoning a child. (They ask for the age of the child and the penalty)
154 Abandoning child under 6
Every one is liable to imprisonment for a term not exceeding 7 years who unlawfully abandons or exposes any child under the age of 6 years.
- Explain the defences for children under 10 and children 10-13.
When a child is under 10 years they shall not be convicted of an offence by reason of any act done or omitted by him.
When a child is between 10 and under 14 years they shall not be convicted of an offence by reason of any act done or omitted by him, unless he knew either that the act or omission was wrong or that it was contrary to law.
- Section 23(2) - Insanity, complete the sentence..
No person shall be convicted of an offence by reason of an act done or omitted by him when labouring under natural imbecility or disease of the mind to such an extent as to render him incapable—
(a) Of understanding the nature and quality of the act or omission; or
(b) Of knowing that the act or omission was morally wrong, having regard to the commonly accepted standards of right and wrong.
- Mcnaughtons rules - Complete the last three lines
The M’Naghten’s rules (or test) is frequently used to establish whether or not a defendant is insane.
It is based on the person’s 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 their actions, or
- that what they were doing was wrong.
- R v Cottle
R v Cottle [1958] NZLR 999 (CA)
As to degree of proof, it is sufficient if the plea is established to the satisfaction of the jury on a preponderance of probabilities without necessarily excluding all reasonable doubt.
- Explain the courts ruling of R v Lipman
When automatism that is brought about by a voluntary intake of alcohol or drugs the courts have indicated that convincing evidence is necessary to support defence and, and only in very rare cases will it be enough for a person to say that they did not know or cannot remember what happened, or that they had a blackout.
- Explain what a strict liability offence is and give an example.
‘Strict Liability’ offence means that no mens rea needs be proved by the prosecution, for example ‘Driving with excess breath alcohol’ because intent need not be proved.
- What 3 points must be satisfied before a defence of compulsion can be used?
- Compelled to commit the offence by someone at the scene who had threatened them that they would otherwise be killed or caused grievous bodily harm.
- The defendant must have genuinely believed the threats.
- The defendant must not be a party to any association or conspiracy involved in carrying out the threats.
