Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Crimes against the person - Homicide

160: Culpable homicide

You could also call this:

“Killing someone in a way that can be blamed on you is against the law.”

Homicide means killing someone. It can be culpable or not culpable. Culpable homicide is when you’re responsible for the death. This can happen in different ways. You might do something illegal that causes someone to die. Or you might not do something you’re legally supposed to do, and that leads to a death. It could also be a mix of both these things.

Culpable homicide can also happen if you scare or trick someone into doing something that kills them. It’s also culpable homicide if you deliberately frighten a child under 16 or a sick person, and they die because of it.

Most of the time, culpable homicide is either murder or manslaughter. There’s a special rule about this in section 178 of the law.

If a homicide is not culpable, it’s not against the law. This means you’re not responsible for the death in a way that breaks the law.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329302.

Topics:
Crime and justice > Criminal law
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159: Killing of a child, or

“This law explains when a baby is legally considered a person and how harming them before or after birth can be a serious crime.”

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161: Procuring death by false evidence, or

“Making someone die by lying or tricking people in court”

Part 8 Crimes against the person
Homicide

160Culpable homicide

  1. Homicide may be either culpable or not culpable.

  2. Homicide is culpable when it consists in the killing of any person—

  3. by an unlawful act; or
    1. by an omission without lawful excuse to perform or observe any legal duty; or
      1. by both combined; or
        1. by causing that person by threats or fear of violence, or by deception, to do an act which causes his or her death; or
          1. by wilfully frightening a child under the age of 16 years or a sick person.

            1. Except as provided in section 178, culpable homicide is either murder or manslaughter.

            2. Homicide that is not culpable is not an offence.

            Compare
            • 1908 No 32 s 175