Short Answers 2 Flashcards
How do NZ courts deal with a defence of automatism arising out of taking alcohol and drugs
The courts will likely to steer a middle course, allowing a defence of automatism arising out of taking drugs and alcohol, to offence of basic intent only.
They are likely to disallow their defence where the state of mind is obviously self induced, the person is blameworthy, and the consequences could have been expected
List the ingredients of section 48 – self defence or defence of another
Everyone is justified in using, in the defence of themselves or another, such force is, in the circumstances as he believes them to be, it is reasonable to use
What was held in R V Ranger
If the accused did really think that their lives of herself and her son were in peril because of the deceased, and raged after the struggle, might attempt to shoot them with the rifle near at hand, then it would be going too far, we think, to say that the jury could not entertain a reasonable doubt as to whether a pre-emptive strike with a knife would be reasonable force in all the circumstances
Provide three guidelines in respect of consent regarding assault
– Everyone has a right to consent to a surgical operation
– everyone has a right to consent to the infliction of force not involving bodily harm
– no one has the right to consent to their death or likely cause their death
– 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 person
– it is uncertain to what extent any person has a right to consent to there being put in danger of death or bodily harm by the act of another
In common-law, allegations of culpable homicide have been supported with the offender have cause death by particular circumstances. Name in a four of these circumstances
– Committing arson
– giving a child an excessive amount of alcohol to drink
– placing hot cylinders and straw on a drunk person to frighten them
– supplying heroin to the deceased
– throwing a large piece of concrete from the motorway Overbridge into the path of an oncoming car
– conducting an illegal abortion
In relation to section 1602BOCA61 give to practical examples of culpable homicide which has been caused by the victims actions, prompted by threats of violence
– Jumps or falls out of a window because they are scared they going to be assaulted
– jump into a river to escape and attacked and drowns
– someone is assaulted and believes their life is in danger jumps from the train and is killed
To establish proof of death, in relation to homicide, you must prove three key elements they are
– Death occurred
– deceased is identified as the person who has been killed
– the killing is culpable
Death can be proved by direct and or circumstantial evidence
What is the definition of the period a year and a day outlined in section 162(2)
The period of a year and a day shall be reckoned inclusive of the day on which the last unlawful act contributing to the cause of death took place
Section 168(1)(a) refers to the term grievous bodily harm what does this mean and give an example of an injury
Harm that is very serious, such as injury to a vital organ. To come with in section (1)(c) the stopping of the victims breath must be done wilfully
In the test for proximity, semester and Brookebanks suggest the following question should be asked in determining the point at which an act of Mere preparation of committing a crime may become an attempt. What are these two questions
- Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt
- Has the offender actually commenced execution, that is to say, he has taken a step in the actual crime itself
Give an example where a murder might be reduced manslaughter even though the accused intended to kill or cause grievous bodily harm
Mitigating circumstances, such as a suicide packed, reduce what would otherwise be murdered to manslaughter, even though the accused may have intended to kill or cause GBH
What is involuntary manslaughter
Covers those types of unlawful killings in which that this is caused by an unlawful act or gross negligence.
In such cases there has been no intention to kill or to cause grievous bodily harm
Define alibi
An alibi is the plea in a criminal charge of having been elsewhere at the material time, the fact of being elsewhere
Define attempts under section 72(1)
Everyone who, having an intent to commit an offence,
does or omits an act for the purpose of accomplishing his object,
is guilty of an attempt to commit the offence intended,
whether in the circumstances it was possible to commit the offence or not
Outline culpable homicide
Homicide maybe either culpable or not culpable.
– Homicide is culpable when it consists of the killing of any person
– by an unlawful act
– by an omission without lawful excuse to perform or observe any legal duty
– combination of both
– by causing that person by threats or fear of violence or by deception to do an act which causes his death
