Crimes Act 1961

Crimes against the person - Homicide

160: Culpable homicide

You could also call this:

"Killing someone by doing something wrong or illegal is called culpable homicide."

Illustration for Crimes Act 1961

When you kill someone, it can be either culpable or not culpable. You commit culpable homicide when you kill someone by doing something unlawful. This can happen in different ways, such as by doing an unlawful act, or by not doing something you are supposed to do.

If you kill someone by threatening or deceiving them into doing something that causes their death, this is also culpable homicide. You can also commit culpable homicide by wilfully frightening a child under 16 or a sick person. Culpable homicide is either murder or manslaughter, except as provided in section 178.

If homicide is not culpable, it is not against the law. This means you will not get in trouble for it. Homicide that is not culpable is different from culpable homicide, which can be punished.

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


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"Killing a baby is against the law and very serious, no matter when it happens during or after birth."


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Part 8Crimes 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