Short Answer Questions Flashcards
Critical Factors for charge of murder are whether offender intended to…….
- kill the person, or
* cause bodily injury that offender knew likely to cause death
To establish death you must prove
- death occurred
- deceased identified as person killed
- killing is culpable
To show defendant’s mind meets provisions of Sec 167(b) must est. that the defendant
- intended to cause bodily injury to deceased
- knew the injury likely to cause death
- was reckless as to whether death ensued or not
A killing that is a result of a fight, you need to consider whether there was…
- self defence
* the requisite mens rea for a murder or manslaughter charge
Before manslaughter conviction for offences under 150A(1) must prove
a very high degree of negligence or gross negligence
Test for Proximity
- Has offender done anything more than getting self into a position from which he could embark on actual attempt?
- Has offender actually commenced execution; has he taken a step in the actual offence itself?
Proximity is a question of……..
Proximity is a question of law, decided by judge, based on assumption that the facts of the case are proved.
Sec 176 Accessory after the fact to murder -
ingredients
- every one is
- liable to imprisonment not ex.7 years
- who is an accessory after the fact to murder
What is involuntary manslaughter?
No intent to kill/GBH.
Unlawful killing, death caused by unlawful act or gross negligence.
Manslaughter includes culpable homicide that….
- does not come with S167 or S168
* comes within SS167 & SS168, but reduced to manslaughter because killing was part of suicide pact S180(3)
What is voluntary manslaughter?
Intent to kill/GBH
Mitigating circumstances such as suicide pact, reduce what would be murder to manslaughter.
What is consent?
A person’s conscious and voluntary agreement to something desired or proposed by another.
What is an alibi?
An alibi is the plea in a criminal charge of having been elsewhere at the material time: the fact of being elsewhere.
What is entrapment?
Entrapment occurs when an agent of an enforcement agency deliberately causes a person to commit and offence, so that person can be prosecuted.
S25 Ignorance of law
The fact an offender is ignorant of the law is not an excuse for any offence committed by him.
*applies whether offender from NZ or overseas.
