Parliament Heavier Penalties For Many Crimes (Press, 14 September 1961)

On 13 September 1961, a significant reform to New Zealand's criminal code was introduced in the House of Representatives through the Crimes Bill. This legislation retains the death penalty for specific severe crimes, including the newly defined "aggravated murder," repeat murder offenders, and treason. For other forms of murder, however, the death penalty is replaced with mandatory life imprisonment. Life imprisonment will also continue for manslaughter, but all other life sentences are abolished. The bill, which spans 183 pages and comprises 412 clauses, aims to revise and consolidate the criminal code, addressing the inadequacies of existing laws. Aggravated murder is defined as an intentional killing that is premeditated and deliberate or committed during the commission of another crime. Importantly, charges must specify circumstances that meet this definition, and individuals cannot be convicted of murder due simply to carelessness. The expectation of knowing the potential lethal consequences of their actions is retained, while a provision that convicted persons “ought to have known” has been removed. Notably, the bill exempts pregnant women and minors under 18 from the death penalty. The legislation also introduces an appeal process for individuals charged with murder or aggravated murder, allowing them to contest prior convictions if they can prove that the court error warrants it. Additionally, certain provisions from English and Scottish law regarding diminished responsibility are included, which could reduce a murder charge to manslaughter for offenders suffering from significant mental health issues. Other notable changes include an increased maximum penalty for car conversion from three to seven years, aligning it with theft penalties. Attempted suicide is decriminalised, shifting the focus to treatment under health legislation. The bill abolishes the grand jury system, expands the definition of rape to include coercive circumstances, and significantly revises penalties for various sexual offences, increasing sentences for crimes against minors. The bill also creates several new offences, ranging from communicating secrets to kidnapping, with varying maximum penalties. Moreover, the Supreme Court gains powers to impose confidentiality restrictions for trials in the interest of justice. Significantly, the definition of provocation is altered to allow broader circumstances to qualify, potentially reducing culpable homicide to manslaughter. The bill also updates provisions concerning defamatory libel, radio, and television slander. The Crimes Bill is set to come into effect on 1 January 1962, as part of a broader legislative package that includes minor amendments through a Summary Proceedings Amendment Bill. This reform marks a substantial change in New Zealand's legal landscape targeting crime, punishment, and the protection of rights, reflecting a shift towards more humane treatment in the justice system while addressing public safety and morality.

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