NCJ Number
62428
Date Published
1976
Length
105 pages
Annotation
A REPORT BY THE CRIMINAL LAW REFORM COMMITTEE OF NEW ZEALAND CONSIDERS CULPABLE HOMICIDE AND RELATED ISSUES AND RECOMMENDS MAJOR CHANGES IN THE LAW.
Abstract
THE REPORT MADE TO THE MINISTER OF JUSTICE IS A RESULT OF A 5-YEAR STUDY WHICH PAID CLOSE ATTENTION TO RELEVANT REPORTS OF COMMITTEES IN ENGLAND AND SCOTLAND AND STUDIED DECISIONS OF THE COURTS IN NEW ZEALAND, GREAT BRITAIN, CANADA, AND AUSTRALIA. THE REPORT COVERS NOT ONLY CULPABLE HOMICIDE BUT ALSO MANSLAUGHTER, PROVOCATION, SUICIDE PACTS, AND ACTS OR OMISSIONS ENDANGERING LIFE, SAFETY OR HEALTH. AFTER DISCUSSING THE CURRENT POLICIES AND LAW, THE COMMITTEE MAKES THESE RECOMMENDATIONS: (1) THAT THERE BE A SINGLE OFFENSE OF UNLAWFUL KILLING TO COVER WHAT IS NOW MURDER AND THOSE CASES WHERE MURDER IS REDUCED TO MANSLAUGHTER BY REASON OF PROVOCATION AND (2) THAT THE PERSON CONVICTED OF THIS OFFENSE BE LIABLE TO A MAXIMUM PENALTY OF LIFE IMPRISONMENT. OTHER RECOMMENDATIONS ARE MADE REGARDING SENTENCING: (1) THAT PROVOCATION BE TAKEN INTO ACCOUNT BY THE JUDGE ONLY AT SENTENCING; (2) THAT EXCEPT IN SPECIFICALLY DEFINED CASES, THE PRESENT MANSLAUGHTER CASES BE NO LONGER PUNISHABLE UNDER HOMICIDE PROVISIONS; (3) THAT SECTIONS OF THE LAW DEFINING THE OFFENSES OF WOUNDING OR INJURING SOMEONE WITH INTENT TO CAUSE GRIEVOUS BODILY HARM, OR WITH RECKLESS DISREGARD FOR THE SAFETY OF OTHERS BE REDEFINED TO APPLY REGARDLESS OF WHETHER HARM IS CAUSED; AND (4) THAT THE LAW ON SUICIDE PACTS BE SUBSTANTIALLY AMENDED. BOTH MAJORITY AND MINORITY REPORTS ON CHANGES IN THE LAW ARE INCLUDED IN THIS SECTION. CASES ARE CITED THROUGHOUT THE REPORT IN SUPPORT OF THE VARIOUS POSITIONS. THE APPENDIX INCLUDES THE CRIMES AMENDMENT BILL AND EXPLANATORY NOTES, A WORKING PAPER ON HOMICIDE UNDER PROVOCATION, COMMENTS ON THE PRESENT LAW, AND A DISCUSSION ON PROVOCATION AS A DEFENSE TO CHARGES OTHER THAN MURDER, SUCH AS ATTEMPTED MURDER. PROPOSALS FOR OTHER POSSIBLE STATUTORY AMENDMENTS ARE GIVEN. (RFC)