New Zealand Law and Practice Examination/Criminal Law

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Topics to be covered:

[edit] Liability

[edit] Mens Rea etc

Kilbride v Lake
Civil Aviation Dept v MacKenzie
Millar v Ministry of Transport
R v Howe
R v Harney
Waaka v Police
Police v Starkey
R v Nedrick
R v Anderson
R v Martin (unreported)

[edit] Complicity

s 66 Crimes Act

66 Parties to offences

(1) Every one is a party to and guilty of an offence who—

(a) actually commits the offence; or

(b) does or omits an act for the purpose of aiding any person to commit the offence; or

(c) abets any person in the commission of the offence; or

(d) incites, counsels, or procures any person to commit the offence.

(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.

*s 70 Crimes Act

70 Offence committed other than offence intended

(1) Every one who incites, counsels, or procures another to be a party to an offence of which that other is afterwards guilty is a party to that offence, although it may be committed in a way different from that which was incited, counselled, or suggested.

(2) Every one who incites, counsels, or procures another to be a party to an offence is a party to every offence which that other commits in consequence of such inciting, counselling, or procuring, and which the first-mentioned person knew to be likely to be committed in consequence thereof.

s 311(2) Crimes Act

311 Attempt to commit or procure commission of offence

...

(2) Every one who incites, counsels, or attempts to procure any person to commit any offence, when that offence is not in fact committed, is liable to the same punishment as if he had attempted to commit that offence, unless in respect of any such case a punishment is otherwise expressly provided by this Act or by some other enactment.

R v Paterson
R v Renata
R v Te Moni
Larkins v Police
R v A
R v Pink
R v Hartley

[edit] Accessories after the fact

[edit] Attempt

[edit] Threatening and Conspiracty

[edit] Offences against the Person

[edit] Homicide

R v Fleeting (No 1)
R v McKinnon
R v Kirikiri
R v Grant
R v Piri
R v Yogasakaran
R v Myatt
R v Ryder
R v Tuhoro
R v Powell
R v Fenton
R v Sturm

[edit] Assault

[edit] Sexual Crimes

[edit] Theft and related offences

[edit] Other

[edit] Drugs

Misuse of Drugs Act 1975

[edit] Summary Offences

Summary Offences Act 1981

[edit] Traffic Offences

Land Transport Act 1998

[edit] Domestic Violence

Domestic Violence Act 1995

[edit] Harassment

Harassment Act 1997
R v D [2000] 2 NZLR 641

[edit] Defences

[edit] Mistake

R v Wood
R v Metuariki

[edit] Self-Defence

[edit] Insanity

[edit] Compulsion

[edit] Necessity

[edit] Automatism

[edit] Intoxication

[edit] Provocation

s 169 Crimes Act

169 Provocation

(1) Culpable homicide that would otherwise be murder may be reduced to manslaughter if the person who caused the death did so under provocation.

(2) Anything done or said may be provocation if—

(a) In the circumstances of the case it was sufficient to deprive a person having the power of self-control of an ordinary person, but otherwise having the characteristics of the offender, of the power of self-control; and

(b) It did in fact deprive the offender of the power of self-control and thereby induced him to commit the act of homicide.

(3) Whether there is any evidence of provocation is a question of law.

(4) Whether, if there is evidence of provocation, the provocation was sufficient as aforesaid, and whether it did in fact deprive the offender of the power of self-control and thereby induced him to commit the act of homicide, are questions of fact.

(5) No one shall be held to give provocation to another by lawfully exercising any power conferred by law, or by doing anything which the offender incited him to do in order to provide the offender with an excuse for killing or doing bodily harm to any person.

(6) This section shall apply in any case where the provocation was given by the person killed, and also in any case where the offender, under provocation given by one person, by accident or mistake killed another person.

(7) The fact that by virtue of this section one party to a homicide has not been or is not liable to be convicted of murder shall not affect the question whether the homicide amounted to murder in the case of any other party to it.

R v McGregor
R v Taaka
R v Savage
R v McCarthy
R v Mita
R v Campbell
R v Rongonui
R v Makoare
R v Timoti

[edit] Bill of Rights Act

Bill of Rights Act
R v Shaheed
R v Mallinson
Martin v Tauranga District Court

[edit] Procedure

Part XII Crimes Act 1961
Part II Summary Proceedings Act 1957
Part IV Summary Proceedings Act 1957

[edit] Jurisdiction

Part I Summary Proceedings Act 1957
Part IIA District Courts Act 1947

[edit] Appeals

Part XIII Crimes Act 1961
Part IV Summary Proceedings Act 1957
R v Ramage
R v Radich
R v Watson
R v Clark
R v Donaldson

[edit] Bail

Bail Act 2000

B v Police (No 2)
G v Police
R v Fatu (unreported)

[edit] Capacity/Mental Health

Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
Criminal Procedure (Mentally Impaired Persons) Act 2003

[edit] Sentencing

Part II Crimes Act
Criminal Justice Act 1985
Sentencing Act 2002
R v Tuaeki

[edit] See also