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39 Cards in this Set
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Definition of Homicide S158 |
- The Killing of a human being - by another (human being) - directly or indirectly - by any means whatsoever |
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Murray Wright Limited |
Because the killing must be done by another human being, an organisation cannot be convicted as a principal offender |
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Killing of a child S159 |
The killing of a child is homicide if it dies as a result of injuries received before during or after birth.
A child becomes a human being when it has completely preceded in a living state from the body of its mother - whether it has breathed or not - whether it has independent circulation or not - and whether the navel string is severed or not) |
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Culpable Homicide S160(2) |
The Killing of any Person
a) by any unlawful act
b) by any ommision, without lawful excuse, to perform or observe, a legal duty
c) by both combined
d) by threats or fear of violence (or) by any deception, causes that person, to do an act, which causes their death
e) by wilfully frightening, a child under the age of 16 years (or) a sick person |
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Culpable homicide s160(2)(a) |
- the killing of any person - by any unlawful act |
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R v Myatt |
(Before a breach of any act regulation, rule or bylaw would be an unlawful act, under s160, regarding culpable homicide)
The act must be likely to do harm to the deceased or to some class of person of whom he was one. |
Unlawful act - must be an act likely to cause harm. |
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Culpable homicide s160(2)(b) |
- the killing of any person - by any ommision - without lawful excuse - to perform or observe - any legal duty |
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Legal Duties Duties imposed by statue or common law. Refers to: |
s151 - Duty to provide necessaries and protect from injury (vulnerable person)
s152 - Duty of a parent to provide necessaries and protect from injury (child under 18)
s153 - Duty of employee to provide necessaries
s155 - Duty of persons when doing dangerous acts
s156 - Duty to take precautions when in charge of dangerous things
s157 - Duty to avoid ommision that are dangerous to life |
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Culpable Homicide s160(2)(d) |
- the killing of any person - by causing that person - by threats or fear of violence (or) by any deception - to do any act which causes their death |
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R v Tomars |
R v Tomars formulates the issues in the following way.
- was the deceased threatened, in fear of, or deceived by the defendant?
- if they were, did such threats, fear or deception cause the deceased to do the act that caused their death?
- was the victims act a natural consequence of the defendants actions? in the sense that a reasonable and responsible person, in the defendants position at the time, could have reasonably foreseen the consequences?
- Did the foreseeable actions of the victim contribute to their death in a significant way? |
s160(2)(d) - Threats or fear of violence (or) by any deception |
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Culpable Homicide s160(2)(e) |
- the killing of any person - by wilfully frightening - a child under 16 (or) a sick person |
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R v Horry |
- Death should be provable by such circumstances, that render it morally certain and - leave no ground for Reasonable Doubt.
- The circumstantial evidence should be so compelling, that it convinces a jury that there is no other rational hypothesis other than murder, that the facts can be accounted for. |
Where a body is not located - death should be provable... |
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1. Culpable Homicide Case law |
Murray Wright Ltd - Organisation can not be charge with Murder. R v Myatt - unlawful act R v Tomars - Fear or the at of violence or by deception (s160(2)(d)) R v Horry - Where a body isnt found, Death should be proven by such circumstances. |
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Murder s167(a) |
Culpable Homicide is murder if the offender - means to cause death to the person killed |
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Murder s167(b) |
Culpable Homicide is murder if the offender - means to cause, to the person killed - any bodily injury - that the offender knows is likely to cause death (and) - is reckless as to whether death ensues or not. |
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Murder 167(c) |
Culpable Homicide is murder if the offender
- means to cause death (or) - being so reckless as aforesaid , means to cause bodily injury
- to one person, - but by accident or mistake kills another person, - even though he does not mean to harm the person killed. |
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Murder 167(d) |
Culpable Homicide is Muder if the offender
- for any unlawful object - does an act that he knows is likely to cause death - and thereby kills any person - even though he may have desired his object to be effected without hurting anyone. |
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R v Desmond |
- Not only must the object be unlawful but - the accused must also know that his act is likely to cause death. - It must be shown that knowledge accompanied the act causing death. |
Unlawful object |
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Cameron v R |
Recklessness is established if:
a) the defendant recognised: - his or her actions would bring about a prescribed result (and/or) - the prescribed circumstances existed (and)
b) having regard to that risk, knew those actions were unreasonable. |
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R v Piri |
- Recklessness involves conscious and deliberate taking of risk. - under s167(b) or (d) - The risk, of death, forseen by the accused must be more than negligible. - The accused must recognise "a real or substantial risk" that death would be caused. |
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Murder - Further Definition s168(1)(a) |
Culpable homicide is also murder: - Whether the offender means or doesnt mean (or) knows or doesnt know, - that death is likely to ensue.
If the offender: Means to cause Grevious bodily injury
For the purposes of: - facilitating the commission of an offence (sub sec 2)
- facilitating the flight or avoiding the detection of the offender, upon the commission or attempted commission of an offence (sub sec 2)
- Resisting lawful apprehension in respect of any offence
And death ensures from such injury. |
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Murder - Further Definition s168(1)(b) |
Culpable homicide is also murder: - Whether the offender means or doesnt mean (or) knows or doesnt know, - that death is likely to ensue.
If the offender: Administers any stultifying or overpowering thing, For the purposes of: - facilitating the commission of an offence (sub sec 2)
- facilitating the flight or avoiding the detection of the offender, upon the commission or attempted commission of an offence (sub sec 2)
- Resisting lawful apprehension in respect of any offence
And death ensues from the effects |
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Murder - Further Definition s168(1)(c) |
Culpable homicide is also murder: - Whether the offender means or doesnt mean (or) knows or doesnt know, - that death is likely to ensue.
If the offender: - By any means, wilfully stops the breath of any person, For the purposes of: - facilitating the commission of an offence (sub sec 2)
- facilitating the flight or avoiding the detection of the offender, upon the commission or attempted commission of an offence (sub sec 2)
- Resisting lawful apprehension in respect of any offence
And death ensues from such stopping of the breath. |
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s172 Punishment for murder
s102 Sentencing act
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Liable to life imprisonment (subject to s102 sentencing act)
s102 - Must be sentenced to life unless: - in the circumstances of offence and offender, life imprisonment would be unjust.
(The judge must give written notice if life imprisonment is not imposed) |
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Parties s66(2) |
- Where 2 or more persons - form a common intention - to prosecute any unlawful purpose, - and to assist each other therein, - each of them is a party to every offence committed by any one of them - in the prosecution of the common purpose - if the commission of that offence was known to be a probable consequence - of the prosecution of the common purpose. |
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s172 Attempted Murder Punishment? |
- Everyone who - Attempts - To commit Murder 14 years Imprisonment |
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R v Murphy |
When proving an attempt to commit an offence, it must be shown that the accused intended to commit the substantive offence. E.g. in attempted murder, it's necessary for the crown to prove "intent to kill". |
When provi g an attempt |
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R v Harpur |
The courts may have regard to the defendant's conduct viewed cumulatively up until the point the conduct in question stops. The defendant's conduct may be considered in its entirety. Considering how much remains to be done is always relevant though not determinative. |
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Coucelling or attempting to commit murder s174 |
- Everyone who - incites, councels or procures - Any person - to murder any other person - in NZ - when that murder is NOT in fact commited |
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Conspiracy to murder s175 |
- Everyone who - Conspires - With any other person - To murder - Any other person |
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R v Mane |
For a person to be an accessory, the offence must be complete at the time of the criminal involvement.
You cannot be convicted of being an accessory after the fact to murder when the act (of accesory) was completed before the offence of homicide was completed |
Accessory to Murder |
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Manslaughter |
Culpable homicide that does not amount to murder. Except for infanticide (s178) |
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s150A - Standard of care applicable to persons under legal duties or performing unlawful acts A person is criminally responsible for: |
- ommitting to discharge or perform a legal Duty (or) - performing an unlawful act - in circumstances that the omission or unlawful act is a major departure from the standard of care expected of a reasonable person - to whom that legal duty applies (or) - who does the unlawful act |
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s178 Infanticide |
- where a woman kills any child of hers (under the age of 10 ) - in a manner that amounts to culpable homicide (and) - at the time of the offence, her mind was disturbed
- by reason of not fully recovering after giving birth, to that child or any other child (or) - by reason of lactation, (or) any consequence to child birth or lactation, to such an extent that she should not be held responsible
- Then she is guilty of infanticide and not murder.
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s151 - Duty to provide necessaries and protect from injury (vulnerable person) |
- Everyone who - has actaul care (or) is in charge of a vulnerable adult - who is unable to provide themselves with necessaries
Is under a legal duty to: - provide that person with necessaries (and) - Take reasonable steps to protect them from injury
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s152 - Duty of parent or guardian to provide necessaries and protect from injury |
- Everyone who - is a parent (or person acting as a parent) - Who has actual care of a child under 18 Is under a legal duty to - provide that person with necessaries (and) Take reasonable steps to protect them from injury |
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s153 - Duty of an employee to provide necessaries |
- Everyone who - as an employer - is contracted to provide food, clothing or lodging, - to any servant or apprentice under 16 Has a legal duty to - provide that person with necessaries (and) - Take reasonable steps to protect that person from injury |
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s155 - legal duty of persons doing dangerous acts |
- Everyone who - Administer surgical or medical treatment (or) - does any other lawful act that may be dangerous to life Is under a legal duty - To use reasonable knowledge, skill and care - when doing such acts |
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s157 - legal duty of persons in charge of dangerous things |
- Everyone who - Has charge or control of anything whatsoever (or) Operates, makes, maintains anything whatsoever - which in the absence of precaution may be dangerous to life
Is under a legal duty - to take reasonable precautions and care to avoid such danger |
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