Short Answers Flashcards
Section 159(1) and (2) of the Crimes Act 1961 define when a child becomes a human being and is therefore able to be murdered under section 158. Detail the provisions of section 159(1) and (2)
- 159(1) A child becomes a human being within the meaning of this act when it has completely proceeded in a living state from the body of its mother, whether it has breather or not, whether it has an independent circulation or not, and whether the navel string is severed or not.
- 159(2) The killing of such child is homicide if it dies in consequence of injuries received before, during or after birth.
In common law, allegations of culpable homicide have been supported where the offenders have caused death by particular circumstances. Name any four of these circumstances.
committing arson
- giving a child an excessive amount of alcohol to drink
- placing hot cinders and straw on a drunk person to frighten them
- supplying heroin to the deceased
- throwing a large piece of concrete from a motorway overbridge into the path of an approaching car
- conducting an illegal abortion.
In relation to section 160(2)(b) CA 1961, give two practical examples of culpable homicide which has been caused by the victims actions, prompted by threats of fear or violence.
jumps or falls out of a window because they think they are going to be assaulted
- jumps into a river to escape an attack and drowns
- who has been assaulted and believes their life is in danger, jumps from a train and is killed.
To establish proof of death, in relation to homicide you must prove three key elements. They are…
To establish the death, you must prove the:
- death occurred
- deceased is identified as the person who has been killed
- the killing is culpable.
- What is the definition of the period ‘a year and a day’ as outlined in s162(2) of the crimes act?
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.
- S168(1)(a) of the crimes act 1961, refers to the term ‘Grievous bodily injury’. What does this mean and give an example of such an injury.
In subsection (1)(a), “grievous bodily injury” means harm that is very serious, such as injury to a vital organ.
- In the test for proximity, Simester and Brookbanks suggest the following questions should be asked in determining the point at which an act of mere preparation of committing a crime, may become an attempt.
What are those two questions?
- Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt? or
- Has the offender actually commenced execution; that is to say, has he taken a step in the actual offence itself?
- What was held in the matter of R v Mane in relation to when a person can be charged with accessory after the fact of murder, s176 Crimes Act?
R v Mane (1989) 5 CRNZ 375
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.
- What is involuntary manslaughter?
Covers those types of unlawful killings in which the death is caused by an unlawful act or gross negligence. In such cases there has been no intention to kill or cause grievous bodily harm.
10.State the ingredients of infanticide, s. 178 Crimes Act.
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 effect of giving birth to that or any other child,
or by reason of the effect of lactation,
or by reason of any disorder consequent upon childbirth or lactation,
to such an extent that she should not be held fully responsible,
she is guilty of infanticide, and not of murder or manslaughter, and is liable to imprisonment for a term not exceeding 3 years.
- R V Blaue
Those who use violence must take their victims as they find them.
- A hearsay statement is admissible in any proceeding if -
18 General admissibility of hearsay Evidence Act 2006 (1) A hearsay statement is admissible in any proceeding if— (a) the circumstances relating to the statement provide reasonable assurance that the statement is reliable; and (b) either— (i) the maker of the statement is unavailable as a witness; or (ii) the Judge considers that undue expense or delay would be caused if the maker of the statement were required to be a witness.
- Meaning of ‘justified’ in section 2
some acts are “justified” even when they result in death. Section 2
provides that when an act is justified the perpetrator is exempt from both criminal and civil liability.
Examples of such acts include:
- homicide committed in self-defence (s48)
- homicide committed to prevent suicide or commission of an offence
- which would be likely to cause immediate and serious injury to the personor property of any one (s41).
- R V Clancy - relating to best evidence
R v Clancy 2/3/09, CA548/08 “The best evidence as to the date and place of a child’s birth will normally be provided by a person attending at the birth or the child’s mother … Production of the birth certificate, if available, may have added to the evidence but was not essential.”
- Define automatism
Automatism can best be described as a state of total blackout, during which a person is not conscious of their actions and not in control of them.
