Homicide, Murder & Manslaughter

Frage	Antworten
Homicide Defined	S158 CA 61 Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever
Killing of a child	S159 CA 61 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 breathed or not, whether it has an independent circulation or not, and whether the naval string is severed or not. 2) The killing of such a child is homicide if it dies in consequence of injuries received before, during or after birth
Culpable Homicide	S160 CA61 1) Homicide may be culpable or not culpable 2) Homicide is culpable when it consists in the killing of any person- a) By an unlawful act; or b) By an omission without lawful excuse to perform or observe any legal duty; or c) By both combined; or d) By causing that person by threats or fear of violence, or by deception to do an act which causes his death; or e) By wilfully frightening a child under 16 or a sick person 3) Except as provided by S178, culpable homicide is either murder or manslaughter 4) Homicide that is not culpable is not an offence
Examples of Culpable Homicide	Allegations of culpable homicide have been supported where the offender caused death by: -committing arson -giving a child excessive alcohol -placing hot cinders & straw on a drunk person to frighten them -supplying heroin to the deceased -throwing concrete from motorway bridge into path of car -conducting an illegal abortion
Omission to perform legal duty	S160(2)(b) CA 61 Covers cases where nothing is done when there is a legal duty to act. If death results from such an omission the defendant may be convicted of manslaughter, provided there is sufficient fault, or murder if there is the requisite mens rea.
Legal duties imposed by statute	Crimes Act defines duties to: S151 - provide the necessaries of life & protect from injury (vulnerable adult) S152 - provide the necessaries & protect from injury to your charges when parent or guardian S153 - provide necessaries as an employer S155 - use reasonable skill & knowledge when performing dangerous acts such as surgery S156 - take precautions when in charge of dangerous things such as machinery S157 - avoid omissions that will endanger life
Threats, Fear of Violence & Deception Examples	S160(2)(d) CA 61 When a person: -jumps or falls out of a window because they think they will be assaulted -jumps into a river to escape an attack and drowns -who has been assaulted & believes that their life is in danger, jumps from a train and is killed
Killing by influence on the mind	S163 CA 61 No one is criminally responsible for the killing of another by any influence of the mind alone, except by wilfully frightening a child under 16 or a sick person, nor for the killing of another by any disorder or disease arising from such influence, except by wilfully frightening any such child or sick person
Proof of Death	To establish the death, must prove: -death occurred -deceased is identified as the person killed -the killing is culpable Death can be proved by direct &/or circumstantial evidence
Justification (Non-culpable Homicide)	Some acts are justified even when they result in death. Eg: -Homicide committed in self defence (S48 CA61) -Homicide committed to prevent suicide or the commission of an offence which would likely cause immediate & serious injury to the person or property of anyone (S41 CA61) -Force used must be reasonably necessary in the circumstances
Death must be within a year & a day	S162 CA 61 1) No one is criminally responsible for the killing of another unless the death takes place within a year & a day after the cause of death 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
Murder Defined	S167 CA 61 Culpable homicide is murder: a) If the offender means to cause the death of the person killed b) If the offender means to cause to the person killed any bodily injury that is known to the offender to be likely to cause death, & is reckless whether death ensues or not c) If the offender means to cause death, or being so reckless as aforesaid, means to cause such bodily injury as aforesaid to one person, & by accident or mistake kills another person, though he does not mean to hurt the person killed d) If the offender for any unlawful object does an act that he knows to be likely to cause death, & thereby kills any person, though he may have desired that his object should be effected without hurting anyone
Further Definition of Murder	S168 CA 61 Culpable homicide is also murder in the following cases, whether the offender means or does not mean death to ensue, or knows or does not know that death is likely to ensue: a) If he means to cause GBH for the purpose of facilitating the flight or avoiding the detention of the offender upon the commission or attempted commission thereof, or to resist lawful apprehension in respect of any offence whatsoever and death ensues from such injury b) If he administers any stupefying or overpowering thing for any of the purposes aforesaid and death ensues from the effects thereof c) If he by any means wilfully stops the breath of any person for any of the purposes aforesaid and death ensues from such stopping of breath
Punishment of Murder	S172 CA 61 1) Everyone who commits murder is liable to life imprisonment 2) (1) is subject to S102 of Sentencing Act 2002 (unless manifestly unjust)
Attempted Murder	S173 CA 61 14 Yrs Anyone who attempts to commit murder
Counselling or attempting to procure Murder	S174 CA 61 10 Yrs 1.1 A person 1.2 Incites, counsels, or attempts to procure 1.3 Any person 1.4 To murder any other person in NZ when murder is not in fact committed
Conspiracy to Murder	S175 CA 61 10 Yrs 1.1 Conspires 1.2 With any person 1.3 To murder any person, whether the murder is to take place in NZ or elsewhere
Voluntary Manslaughter	Mitigating circumstances such as a suicide pact reduce what would otherwise be murder to manslaughter, even though the defendant may have intended to kill or cause GBH
Involuntary Manslaughter	Covers those types of unlawful killing in which death was caused by an unlawful act or gross negligence. In such cases there has been no intention to kill or cause GBH.
4 Point test for proving Manslaughter	1) The defendant must intentionally do an act 2) The act must be unlawful 3) The act must be dangerous 4) The act must cause death
Infanticide	S178 CA 61 3 Yrs Where a woman causes the death of any child of hers under the age of 10 in a manner that amounts to culpable homicide, and 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 lactation, or by reason of any disorder consequent upon child birth 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.
Aiding and Abetting Suicide	S179 CA 61 14 Yrs a) Incites, counsels or procures any person to commit suicide, if that person commits or attempts to commit suicide in consequence thereof b) Aids or abets any person in the commission of suicide
Concealing the body of a Child	S181 CA 61 2 Yrs Everyone liable who disposes of the dead body of any child in any manner with intent to conceal the fact of its birth, whether the child died before, or during or after birth

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