Short Answers 1 Flashcards
Outline M’Naghten’s rule
It 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 a disease of the mind that they not know
- the nature and quality of their actions
- that what they were doing was wrong
Statutory legal duties in respect of the Crimes Act
- provide necessaries and protect from injury
- provide necessaries as an employer
- use reasonable knowledge and skill when preforming dangerous acts such as surgery
- take precautions when in charge of dangerous things such as machinery
List the differences between counselling or attempting to procure murder and conspiracy to murder
Counselling or attempting to procure murder requires that the offence is to be committed in NZ, only applies if the murder is not in fact committed.
whereas conspiracy to murder can take place in NZ or elsewhere,
Conspiracy to murder applies regardless of whether murder is committed or not
When a child becomes a human
When it has completely processed in a living state from the body of its mother
- Whether it has breathed or not
- Whether is has an independent circulation or not
- Whether the naval string is severed or not.
The killing of the child is homicide if it dies in consequence of injuries received before, during or after birth
Define homicide
Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever
What was held in R V Mane
For a person to be an accessory the offence must be complete at the time of the criminal involvement.
One cannot be convicted of being an accessory after the fact of murder when the actus reus of the alleged criminal conduct was wholly completed before the offence of homicide was completed
Ingredients of infanticide
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 effects of giving birth and that or any other child, by reason of the effect of lactation,
or by reason of any disorder consequent upon childbirth 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 for a term of imprisonment not exceeding three years
What does r v myatt state about an unlawful act in respect of section 160(2)(a) of the crimes act
Before a breach of any act, regulation or by law would an unlawful act under section 160 for the purpose of culpable homicide
it must be an act likely to do harm to the deceased or to some class of persons of whom he was one
What was held in r v Tomars
Formulates the issues in the following way
- What is the deceased threatened by, in fear of or deceived by the accused?
- If they were, did such threats, fear or deception cause the deceased to do an act that caused the death?
– Was the act of a natural consequence of the actions of the accused that a reasonable and responsible people in the accused position at the time could reasonably have foreseen the circumstances?
– Did these foreseeable actions of the victim contribute in a significant way to his death?
In general no one is criminally responsible for the killing of another influence of the mind. What are the exceptions to this rule?
– Wilfully frightening a child under the age of 16
– wilfully frightening a sick person mentally or physically
What was meant by the term justified provide two examples
Note that some eggs are justified even when they result in Jess. Section 2 provides that win and act is justified the perpetrator is exempt from both criminal and civil liability. Examples of such acts include
– homicide committed in self defence (48)
– homicide committed to prevent suicide or commission of an offence which would be likely to cause the media or serious injury to the person or property of any one (41)
Why is attempted murder one of the most difficult offences in the crimes act to prove beyond reasonable doubt?
R V Murray
When proving in attempt to commit on the fence there must be shown that the accused intention was to commit the substantive offence. For example in the case of attempted murder it is necessary for the crown to establish an actual intent to kill
What are the ingredients to accessory after-the-fact to murder?
Knowing any person to have been party to murder, receives, comforts,
assess that person or tampers with or
actively suppresses evidence against that person in order to enable him to escape after arrest or avoid conviction
Define the term suicide pact
A common agreement between two or more persons having for its object of death of all of them,
Whether or not each is to take their own life
but nothing done by person who enters into a suicide pact shall be treated as done by him and pursuant to the packed unless it is done while he has the settled intention of dying and pursuance of the pact
Discuss the case forest and forest
Two men were charged with having sex with a 14-year-old girl who ran away from OT custody. At trial the girl produced her birth certificate and gave evidence that she was the person named on the certificate. That means for successfully appealed the conviction of the girls to the crown had not adequately prove the girls age.
The best possible evidence in the circle sunset should be addressed by the prosecution and proof of the victims age
