Short Answers 2

Question 1

List the difference between counselling or attempting to procure murder section 174 and conspiracy to murder Section 175

Answer 1

Counselling or attempting to procure murder requires that the offender is to be committed in New Zealand whereas Conspiracy can be in New Zealand or elsewhere.

Counselling or attempting to procure murder only applies if the murder is not in fact committed whereas conspiracy to murder applies regardless if its committed or not.

Question 2

In general, no one is criminally responsible for the killing of another by any influence of the mind. What are the exception to the rule?

Answer 2

• Wilfully frightening a child under 16

- Wilfully frightening a sick person (mentally or physically)

Question 3

Define the term suicide pact 180(3) CA 61

Answer 3

For the purposes of this section the term suicide pact means a common agreement between 2 or more persons having for its object the death of all of them, whether or not each is to take his own life; but nothing done by a person who enters into a suicide pact shall be treated as done by him in pursuance of the pact unless it is done while he has the settled intention of dying in pursuance of the pact.

Question 4

Discuss the case of Forrest and Forrest and outline the case law

Answer 4

The best evidence possible should be adduced by the prosecution in the form of the victims age.

Teo men were charged with having sexual intercourse with a 14-year-old girl who had run away from Child Welfare Custody. At trial, the girl produced her birth certificate and gave evidence herself that she was the person named. The men successfully appealed their convictions on the grounds the crown didn’t adequately prove the victim’s age.

Question 5

How do New Zealand Courts deal with a defence of Automatism arising out of taking alcohol and/or drugs?

Answer 5

In New Zealand, the courts are likely to steer a middle course, allowing the defence of automatism arising out of taking alcohol and drugs, to offences of basic intent only. They are likely to disallow the defence where the state of the mind is obviously self-induced, the person is blameworthy and the consequences could have been expected.

Question 6

List the ingredients of section 48, CA 61

Answer 6

Everyone is justified in using, in the defence of himself or another, such force as, in the circumstances as he believes them to be, it is reasonable to use.

Question 7

Provide three guidelines in respect of consent regarding assault

Answer 7

1. Everyone has the right to consent to a surgical operation
2. ” “ the infliction of force not involving bodily harm
3. No one has the right to consent to their death or injury likely to cause death
4. No one has the 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 disorder persons
5. It is uncertain to what extent any person has a right to consent to their being put in danger of death or bodily harm by the act of another

Question 8

In relation to section 160(2)(d) of the CA 61, give two practical examples of culpable homicide which has been caused by the victim’s actions, prompted by threats on fear of violence

Answer 8

1. Jumps or falls out of a window because they think they are going to be assaulted
2. Jumps into a river to escape an attack and drowns.
3. Who has been assaulted and believes their life is in danger, jumps from a train and is killed.

Question 9

Give an example when murder might be reduced to manslaughter even though the accused intended to kill or cause GBH

Answer 9

Mitigating the circumstances, such as suicide pact, reduce what would otherwise be murder to manslaughter, even though the accused may have intended to kill or cause GBH.

Question 10

What is involuntary manslaughter

Answer 10

Covers those types of unlawfully killing in which the death is caused by an unlawful act or gross negligence. In such cases, there is no intention to kill or cause GBH.

Question 11

What is required for state of mind section 167(b) CA 61

Answer 11

To show that the accused state o mind meets the provisions of section 167(b), you must establish that the accused;

• intended to cause GB injury to the deceased
• Knew the injury was likely to cause death
• Was reckless as to whether death would ensue of note.

Question 12

What is the Courts views on entrapment

Answer 12

In New Zealand the courts have rejected entrapment as a defence per se, preferring instead to rely on the discretion of the trial judge to exclude evidence that would operate unfairly against the accused.