New Zealand Homicide Law – Vocabulary Review

A comprehensive set of vocabulary flashcards covering statutory provisions, key concepts, and leading cases from the lecture on New Zealand homicide law.

Homicide

The killing of a human being by another, directly or indirectly, by any means whatever (s 158).

Culpable Homicide

A killing that fits one of the events in s 160(2) (unlawful act, omission, threats/fear, deception, wilfully frightening child/sick person).

Non-Culpable Homicide

A killing that is not blameworthy under s 160(4) and therefore leads to acquittal.

Murder

Culpable homicide carrying a presumptive sentence of life imprisonment; defined mainly in ss 167–168.

Manslaughter

Culpable homicide that is not murder (or infanticide); maximum sentence life imprisonment (s 171).

Infanticide

Culpable homicide by a woman of her child under 10 when her mind is disturbed due to childbirth or lactation (s 178); max 3 years.

Section 158

Statutory definition of homicide in the Crimes Act 1961.

Section 160(2) Events

Lists five ways a killing becomes culpable: unlawful act, omission, both combined, threats/fear/deception, or wilfully frightening a child <16 or sick person.

Section 159

Provides when a child becomes a human being—complete live delivery from the mother.

Section 162 – Year and a Day Rule

No criminal liability if death occurred more than 366 days after the cause (repealed 12 Mar 2019, applies retrospectively only).

Section 182 – Killing Unborn Child

Up to 14 years’ imprisonment for causing death of a child not yet a human being in a way that would be murder if it were born.

Section 183 – Unlawful Abortion

Offence (max 5 years) for non-health-practitioners who procure, perform or attempt an abortion; woman herself is not liable.

Causation (Homicide)

Link between the accused’s conduct and the death; often analysed when deciding culpability.

Unlawful Act Homicide

Death caused by an act that is both unlawful (breaches any Act/by-law) and inherently dangerous (s 160(2)(a)).

Dangerousness (Objective Test)

Act must be one a reasonable person would recognise as posing risk of serious (more than trivial) harm (R v Lee).

Section 150A

Requires proof of “major departure” negligence when liability rests on breach of a statutory or common-law duty.

R v Fleeting

Supreme Court case stating unlawful act must be inherently dangerous as perceived by the reasonable person.

R v Lee (2006)

Court of Appeal clarified ‘dangerous’ means likely to cause at least some more-than-trivial harm.

R v Gedson

Objective test framed within the circumstances as they appeared to the accused at the time.

R v Hawkins

Driving without a licence was unlawful but not dangerous; epilepsy driving breach was omission duty under s 156.

Airedale NHS Trust v Bland

UK case holding doctors may withdraw life support when not in patient’s best interests; focuses on omission not act.

Auckland Area Health Board v AG

NZ High Court endorsed detailed process for withdrawing life-support and discussed ‘living dead’ concept.

Doctrine of Double Effect

Palliative care that may hasten death is lawful if the primary intention is to relieve pain rather than kill.

Section 167(a) – Intentional Murder

Killing where the offender means to cause the victim’s death.

Section 167(b) – Reckless Murder

Killing where offender means to cause bodily injury known likely to cause death and is reckless as to death.

Section 167(c) – Transferred Malice

Malice transfers when intended victim differs from actual victim in intentional or reckless killings.

Section 167(d) – Unlawful-Object Murder

Killing during pursuit of an unlawful object, knowing an act is likely to cause death, even if death undesired.

R v Piri

Leading case on s 167(d); risk must be ‘real or substantial,’ making conduct virtually equivalent to intentional killing.

Shadrock v R

Clarified s 167(d): fatal act distinct from underlying crime must occur ‘in committing’ the crime; escape may qualify factually.

Section 168 – Felony Murder

Makes certain killings murder regardless of intent when caused while inflicting GBH, administering stupefying thing, or stopping breath for listed purposes.

Section 168(2) Offences

Serious crimes (e.g., treason, rape, robbery, arson) that trigger felony-murder when facilitation or escape motives exist.

Three Requirements of s 168(1)

(1) Specific intentional act (GBH, stupefying, stopping breath); (2) Death caused by that act; (3) Purpose of resisting arrest or facilitating listed offence.

Section 171 – Manslaughter

Default category for culpable homicide not amounting to murder (or infanticide).

Post-Partum Depression/Psychosis

Mental disorders after childbirth that may disturb a mother’s mind, grounding an infanticide defence.

Section 63 – Consent No Defence

A person cannot consent to their own death; consent does not relieve a killer of criminal responsibility.

Section 179 – Aiding & Abetting Suicide

Up to 14 years for counselling, procuring, or assisting suicide; separate lesser offence even if suicide not attempted.

End of Life Choice Act 2019

Legalises assisted dying for eligible NZ adults (in force Nov 2021); s 37 limits Crimes Act liability accordingly.

Lucretia Seales Case

High-profile challenge arguing ss 63 & 179 breached NZ BoRA rights to life and freedom from cruel treatment.

Euthanasia

Voluntary ending of life or assistance to die; criminalised under s 179 unless within End of Life Choice Act.

Section 160(2)(d) – Threats/Fear/Deception

Culpable when the accused causes death by inducing the victim, through threats or deception, to act fatally.

Section 160(2)(e) – Wilful Frightening

Killing by wilfully frightening a child under 16 or a sick person constitutes culpable homicide.