010 Flashcards
1
Q
Violence
Liability
Aggravated Wounding
A
Section 191(1)(a) OR (b) OR (c), Crimes Act 1961 14 years
- (a) With intent to commit or facilitate the commission of any imprisonable offence OR
(b) With intent to avoid detection of himself or any other person in the commission of an imprisonable offence OR
(c) With intent to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of an imprisonable offence. - Wounds any person OR
Maims any person OR
Disfigures any person OR
Causes GBH to any person OR
Stupefies any person OR
Renders unconscious any person OR
By any violent means renders any person incapable of resistance
2
Q
Violence
Liability
Aggravated injuring
A
Section 191(2), Crimes Act 1961 7 years
- (a) With intent to commit or facilitate the commission of any imprisonable offence OR
(b) With intent to avoid detection of himself or any other person in the commission of an imprisonable offence OR
(c) With intent to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of an imprisonable offence. - Injures
- Any person
3
Q
Violence
Liability
Aggravated Assault
A
Section 192(1)(a) (b) or (c), Crimes Act 1961 3 years
- (a) With intent to commit or facilitate the commission of any imprisonable offence OR
(b) With intent to avoid detection of himself or any other person in the commission of an imprisonable offence OR
(c) With intent to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of an imprisonable offence. - Assaults
- Any person
4
Q
Violence
Difference between section 188(1) & (2), Intent vs Outcome? #
A
Under section 188, subsection (1) and (2) both relate to actions that result in wounding, maiming, disfiguring, or GBH to the victim. So the outcome is the same; the distinction between the two subsections is the offender’s intent.
5
Q
Violence
Proving intent in serious assault cases?
8 Examples #
A
- Prior threats
- Evidence of premeditation
- The use of a weapon
- Whether are weapon used was opportunistic or purposely brought
- The number of blows
- The degree of forced used
- The body parts targeted by the offender (e.g. the head)
- The degree of resistance or helplessness of the victim (e.g. unconscious)
6
Q
Violence
R v Taisalika
A
The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent.
7
Q
Violence
R v Hunt (transferred Malice)
A
Malice against the person cut is not essential; general malice is sufficient
8
Q
Violence
Grievous Bodily Harm
A
Grievous bodily harm can be defined simply as “harm that is really serious”.
9
Q
Violence
DPP v Smith
A
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”.
10
Q
Violence
R v Waters (Wounds)
A
A wound involves the breaking of the skin and the flowing of blood, either externally or internally.
11
Q
Violence
Maiming
A
Will involve mutilating, crippling or disabling part of the body so victim is deprived of the use of a limb or any of the senses. Needs to be some degree of permanence.
12
Q
Violence
Intent
A
In a criminal law context there are two specific types of intention in an offence. First there must be an intention to commit the act and secondly, an intention to get a specific result.
13
Q
Violence
Disfigures
A
To “disfigure” means “to deform or deface; to mar or alter the figure or appearance of a person”.
14
Q
Violence
R v Rapana and Murray (Disfigures)
A
The word ‘disfigures’ covers “not only permanent damage but also temporary damage’.
15
Q
Violence
Injure – Section 2, Crimes Act 1961
A
Means to cause actual bodily harm.
16
Q
Violence
R v Donovan
A
‘bodily harm’… includes any hurt or injury calculated to interfere with the health or comfort of the victim… it need not be permanent, must be, no doubt, be more than merely transitory and trifling.
17
Q
Violence
With reckless disregard for the safety of other?
A
While it is necessary to prove that the defendant foresaw the risk of injury to others, it is not necessary that he recognised the extent of the injury that would result.
18
Q
Violence
R v Harney #
A
Recklessness means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of the risk.
19
Q
Violence
R v Tihi (Agg wounding)
A
In addition to one of the specific outlined in paragraph (a) (b) (c) “it must be shown the offender either meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to risk of suffering it”.
20
Q
Violence
Sub section (a) Facilitate the commission
A
To make possible or to make easy or easier.
Under Section 191(1)(a) ‘it is not necessary for the prosecution to prove the intended crime was actually subsequently committed” – R v Strum
21
Q
Violence
Sub Section (b) Avoid detection
A
Offences under section 191 (1)(b) arise during the commission of an imprisonable, where the offender causes the specified harm to prevent himself or another person from being “caught in the act”.
22
Q
Violence
Sub section (c) Facilitate flight
A
To make possible or to make easy or easier.
The specified harm is caused to enable the offender(s) to more easily effect their escape, or to prevent their capture after the commission or attempted commission of an imprisonable offence.
23
Q
Violence
Imprisonable offence: section 5, CPA 2011
A
Imprisonable offence means, in the case of an individual, an offence punishable by imprisonment for life or by term of imprisonment.
24
Q
Violence
R v Wati (Agg wounding)
A
There must be proof of the commission or attempted commission of a crime either by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate.
25
Violence
R v Strum (Stupefies)
To “stupefy” means to cause an effect on the mind or nervous system of a person, which really seriously interferes with that person’s mental or physical ability to act in any way which might hinder an intended crime.
26
Violence
Renders Unconscious
To render a person unconscious, the offender’s actions must cause the victim to lose consciousness.
27
Violence
R v Crossan (Rendered incapable of resistance)
“Incapable of resistance” includes a powerlessness of the will as well as a physical incapacity.
28
Violence
The Doctrine of Transferred Malice? #
It is not necessary that the person suffering the harm was the intended victim. Where the defendant mistakes the identity of the person injured, or where harm intended for one person is accidentally inflicted on another, he is still criminally responsible, under the Doctrine of Transferred Malice, despite the wrong target being struck.
29
Violence
Two fold test for intent? (R v Tihi)#
1. The defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in paras (a), (b) or (c)
And
2. He or she intended to cause the specified harm, or was reckless as to that risk.
30
Violence
Assault, Section 2, CA 61?
Assault means the act of intentionally applying or attempting to apply force to the person of another directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose and to assault has a corresponding meaning.
31
Violence
Define GBH Delayed? #
You need to be mindful that all that is required for the actus reus is an act of causing GBH. The link between cause and effect is a physical one, not one of time. Usually of course the effect is instant (a blow causes a wound). But it is not necessarily so. The consequence may be delayed, but they are consequences, nonetheless.
32
Violence
Define R v Taisalika and what it refers to? #
In R v Taisalika the defendant crashed a party and in an unprovoked attack, struck a party goer on the side of the head with glass causing a serious gash to the victim’s temple and multiple cuts to his face. Taisalika argued that he was so intoxicated he could not remember the incident and therefore lacked the required intent.
The courts found that the nature of the blow and the gash which it produced on the complainant’s head would strongly point to the presence of the necessary intent.
33
Firearms
Liability
Discharging a firearm with intent
```
Section 198(1)(a) Crimes act 1961
14 years
```
1. With intent to do GBH
2. Discharges any firearm, air gun OR similar weapon
3. At any person
34
Firearms
Liability
Doing a dangerous act with intent
```
Section 198(1)(b)
14 years
```
1. With intent to do GBH
2. Send or delivers to any person OR puts in any place
3. Any explosive OR injurious substance or device
35
Firearms
Liability
Commission of an imprisonable offence with a Firearm
```
Section 198B (1) (a) CA 61
10 years
```
1. In committing any imprisonable offence
2. Uses any firearm
Definitions
36
Firearms
Liability
Uses any firearm against law enforcement officer
```
Section 198A (1) CA 61
14 years
```
1. Uses any firearm in any manner whatever
2. Against any constable OR any traffic officer OR any prison officer acting in the course of his or her duty
3. Knowing that, OR being reckless whether or not that the person is a constable OR traffic officer OR prison officer so acting
37
Firearms
Use in any manner whatever
The primary meaning of the word “use” in relation to a firearm is to fire it, however the words “in any manner whatever” widen the definition to include a range of acts that stop short of actually shooting at an officer.
38
Firearms
Police v Parker
Use in any manner whatever is to contemplate a situation short of actually firing the weapon and to present a rifle too, I think, is equivalent to or means the same thing.
39
Firearms
Firearm Sec. 2 Arms Act 1983
Firearm means-
a) Anything from which any shot, bullet, missile or any other projectile can be discharged by force of explosive; and
b) Includes
i) Anything that has been adapted
ii) Anything which is not for the time being capable but which, by its completion or the replacement of any component or any repair of any defect would be a firearm;
iii) Anything dismantled or partially dismantled; and
iv) Any specially dangerous air gun
40
Firearms
Air gun Sec. 2 arms Act 1983
Air gun includes-
a) Any air rifle; and
b) Any air pistol; and
c) Any weapon from which, by the use of gas or compressed air, any shot bullet, missile can be discharged
41
Firearms
R v Pekepo
A reckless discharge of a firearm in the general direction if a passer-by who happens to be hit is not sufficient proof. An intention to shoot that person must be established.
42
Firearms
R v Swain
To deliberately or purposely remove a sawn-off shot gun from a bag after being confronted or called upon by a Police constable amounts to a use of that firearm within the meaning of sec 198A CA 61.
43
Firearms
Fisher v R
It is necessary in order to establish a charge under section 198A(2) for the crown to prove that the accused knew someone was attempting to arrest or detain him because otherwise the element of mens rea of intending to resist lawful arrest or detention cannot be established.
44
Violence
R v Mwai (GBH non-immediate)
Expert medical evidence that HIV follows ‘a steady relentless progress’ leading to AIDS and the inevitably death was sufficient to establish that the defendant had caused GBH.
- All that is required for actus reus is an act causing GBH
- The link between the cause and effect is a physical one, not one of time
- Usually the effect is instant: a blow causes a wound, but it is not necessarily so
- The consequences may be delayed but there are consequences none the less
45
Firearms
Any Constable
Constable means a Police employee who-
a) Holds the office of constable and
b) Includes a constable who holds any level of position within the NZ Police.
Sec.4 Policing Act 2008
Acting in the course of his or her duty.
46
Violence
In the context of sec 191 CA 61, the offender causes harm to the victim in the process of committing an imprisonable offence. This harm is caused for one of three intent – what are they? #
1. To commit or facilitate the commission of any imprisonable offence
2. To avoid the detection of himself or any other person
3. To avoid arrest or facilitate the flight of himself or any other person
47
Firearms
Section 198(1) CA 61, discharging a firearm with intent to do GBH, set out the three offences?
1. Discharges any firearm, airgun, or other similar weapon at any person
2. Sends or delivers to any person, or puts in any place, any explosive or injuries substance or device
3. Sets fire to any property
48
Robbery
Liability
Robbery
```
Section 234(1) CA 61
10 years
```
1. Theft
2. Accompanied by violence OR threats of violence
3. To any person OR property
4. Used to extort the property stolen OR Prevent or overcome resistance to it being stolen
49
Robbery
Theft
Sec 219(1) Crimes Act 1961
```
• Dishonestly
• And without claim of right,
• Taking any property with intent to deprive any owner permanently of that property
• Or of any interest in that property
Sec. 219(1) Crimes Act 1961
```
50
Robbery
R v Skivington #
“Larceny (or theft) is an ingredient of robbery, and if the honest belief that a man has claim of right is a defence to larceny, then it negatives one of the ingredients in the offence of robbery, without proof of which the full offence is not made out.”
51
Robbery
Property
Sec. 2 Crimes Act 1961
Includes real or personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and anything in action, and any other right or interest.
52
Robbery
R v Maihi
It is implicit in ‘accompany’ that there must be a nexus between the act of stealing… and a threat of violence. Both must be present” However the term “does not require that the act of stealing and the threat of violence be cotemporaneous..”
53
Robbery
R v Laiper
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary
54
Robbery
Peneha v Police
It is sufficient that “the actions of the defendant forcibly interfere with personal freedom or amount to forcible powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort”
55
Robbery
R v Cox
Possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, the mental element is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession; and an intention to exercise possession.
56
Robbery
Circumstantial evidence from which an offenders intent may be inferred can include: (3) #
- Offenders actions and words before, during and after the event
- The surrounding circumstances
- The nature of the act itself
57
Violence
| ```
Aggravated Assault
constable etc
```
```
Sec 192 (2) Crimes Act 1961
3 years
- Assaults any constable or any person acting in aid of any constable, or any person in the lawful execution of any process
- With intent to obstruct the person so assaulted in the execution of his duty
```
58
Violence
Any violent means
Includes the application of force that physically incapacitate a person eg tying the victims hands and feet or inflicting debilitating injuries
59
Violence
Violent Means
- Mere threat may not be in itself sufficient to constitute “violent means’
- But when person making threat is brandishing a loaded revolver in circumstances that cause the victim to submit to his will in the belief he will carry out his threat unless she does, it can be said that she was rendered incapable of resistance by violent means, just as effectually as if she were physically incapable.
60
Firearms
Discharges
To discharge in this context means to fire or shoot
61
Firearms
Sends or delivers
The term ‘send or deliver’ take their ordinary meanings, and may include situations where the victim receives a dangerous thing by mail or courier
62
Firearms
Puts in place
Would take on its normal meaning and would include any place an item can be left
63
Firearms
Injurious substance or device
The term injurious substance or device covers a range of things capable of causing harm to a person, for example a letter containing anthrax powder that is mailed to a political target
64
Firearms
Completion of offence
Although offences under 198(1)(a) require the actual discharge of a F/A at a person under sec 198(1)(b) it is not necessary for an explosion to occur, the offence is complete when an explosive or an injurious substance or device is sent, delivered or put in place. However, the substance must have capability to explore or cause injury.
65
Firearms
Acting in the course of his/her duty
The term includes every lawful act which a constable does while on duty, and may include acts done where the circumstances create a professional obligation for a constable to exercise policing duties while off duty
However an officer who is acting unlawfully cannot be said to be ‘acting in the course of his/her (only if it relates to scenario) duty
66
Firearms
Knowing that the person is a member of the police so acting
The accused must know the victim is police officer and know that the officer is acting in the course of his or her duty, or be reckless as to those facts.
67
Firearms
‘Has with him”
R v Kelt
Courts have indicated that ‘having with him a firearm’ requires a very close physical link and a degree of immediate control over the weapon by the man alleged to have the firearm with him
68
Robbery/Theft
Dishonestly
How is dishonesty inferred?
Dishonesty is a state of mind, and the fact that the defendant acted without the requisite belief, and therefore dishonestly, may be inferred from the circumstances
69
Robbery/Theft
Claim of right
Sec 2
In relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.
70
Robbery
R v Lapier #
Robbery is complete the instant the property is taken, even if possession by the thief is only momentarily
71
Robbery
“Possession”
“Actual”
Possession may be actual or potential
Actual possession arises where the thing in question is in a person’s physical custody; it is on or about their person, or immediately at hand
72
Robbery
“Possession”
“Potential”
Potential possession arises when the person has the potential to have the thing in question in their control. For example, storing the thing in question at an associates house or through an agent
73
Robbery
Accompanied by: (must prove) (3)
- A connection between the violence or threats of violence and the stealing of the property
- The defendant had an intent to stoeal at the time the violence or threats were used
- The violence or threats were used for the purpose of extorting the property, or preventing or overcoming resistance to it being stolen
74
Robbery
“Violence”
In the context of robbery, violence must involve more than a minimal degree of force and more than a technical assault, but need not involve the infliction of bodily injury.
75
Robbery
“threats of violence”
1) A threat is generally a direct or veiled warning that violence will be used if the victim does not submit to the robbers demands
2) Threats may also be conveyed by inference through the defendants conduct, demeanour or even appearance, depending on the circumstances
76
R v Broughton
A threat of violence is the manifestation of an intention to inflict violence unless the money orperty be handed over. The threat may be direct or vieled. It may be conveyed by words or conduct, or a combination of both
(ages, physique, appearance, demeanour, what was said, the manner and setting) “inherently violent circumstances”
77
Robbery
- Extort #
- prevent
- overcome
- Extort- “ to obtain by coercion or intimidation”
(extort implies an overbearing of the will of the victim, and the prosecution must show that the threats induced the victim to part with his property)
- Prevent- “to keep form happening”
- Overcome resistance- “to defeat, to prevail over, to get the better of in a conflict”
78
Aggravated robbery
Liability
GBH
```
Sec 235(a) CA 1961
14 years
- Robs any person
- And at the time or immediately before or immediately after the robbery
- Causes GBH to any person
```
79
Aggravated robbery
Liability
Together
Sec 235(b) CA 61
14 years
- Being together with any other person or persons
- Robs
- Any person
80
Aggravated Robbery
Liability
Weapon
Sec 235(c) CA 61
14 years
- Being armed with any offensive weapon OR
- Instrument OR
- Anything appearing to be such a weapon or instrument
- Robs
- Any person
81
Aggravated robbery
- At the time of
- Immediately before
- Immediately after
- At the time of: during the commission of the theft, at the time of taking with the required intent OR
- Immediately before: refers to the connection in time between the robbery and the infliction of grevious bodily harm OR
- Immediately after: AA
82
Aggravated robbery
Person
Gender neutral, proven by judicial notice or circumstantially
83
Aggravated robbery
Being together with
There must be proof that, in committing the robbery, the defendant was part of a joint enterprise by two or more persons who were physically present at the robbery
84
Aggravated robbery
Together with
R v Joyce
The crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred
85
Aggravated robbery
Together with
R v Galey
‘being together’ in the context of sec 235(b) involves ‘two or more persons having a common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime”
86
Aggravated robbery
Being armed with
The term ‘being armed with’ means that the defendant is carrying the item or has it aviable for immediate use as a weapon
87
Aggravated robbery
Offensive weapon
```
sec 202A(1)
Any article made or altered for use for casuing bodily injury, or intended by the person having it with him for such use
```
88
Aggravated robbery
Instrument
The term ‘instrument’ is not defined by statute, but will include any item intended to be used as a weapon or to intimidate and overbear the victims will to resist.
89
Aggravated robbery
Anything appearing to be such..
IT must be proved that the object appeared to be an offensive weapon or instrument to the victim, and that the defendant intended or was at least reckless as to the possibility that it would be perceived as a weapon
90
Aggravated robbery
R v Bentham
Also Williams in NZ
A person who uses his fingers to simulate possession of a firearm is not armed with ‘anything’ and therefore does not commit aggravated robbery
91
Assault with intent to rob (1)
Sec 236(1)
14 years
- With intent to rob any person
a) Causes GBH
b) Being armed with any offensive weapon/instrument/or anything appearing to be such, assaults that person or any other person
c) Being together with any other person or persons assaults that person or any person
92
Assault with intent to rob (2)
Sec 236(2)
7 years
- Everyone who
- Assaults any person with intent to rob that person or any other person
93
Blackmail #
Sec 237(1)
- Everyone who commits blackmail who
- Threatens, expressly or by implication;
- To make any accusation against any person (living or dead) OR
- To disclose something about any person (living or dead) OR
- To cause serious damage to property or endanger the safety of any person with intent
a) To cause the person to whom the threat is made to act in accordance with the will of the person making the threat AND
b) To obtain any benefit or to cause loss to any other person
Sec 238- punishment 14 years
94
Blackmail
Sec 237(2)
- Everyone who acts in the manner described in (1) is guilty of blackmail even though that person believes
- s/he is entitled to the benefit or to cause the loss, unless the making of the threat is, in the circumstances a reasonable and proper means for effecting his/her purpose
95
Blackmail
Sec 237(3)
In this section and Sec 239, benefit means any benefit, pecuniary advantage, privilege, property, service or valuable consideration
96
Blackmail
5 phase investigation
1) Initial report
2) Mobilisation phase- staff and investigation options
3) Consolidation phase- Statergy and Process planning. The consolidation phase is when strategies and processes are set up within the available resource and staff constraints
4) Investigation and operation phase, Key is to preserve life including:
- Investigation and ID of offender and threats
- Negotiation
- Payment
- Intervention/arrest
5) Reactive phase (may include prosecution)
97
Demands with intent to steal etc
```
Sec 239(1)
14 years
```
- Without claim of right
- By force or with any threats
- Compels any person to execute, make, accept, endorse alter or destroy any document capable of conferring a pecuniary advantage with intent to obtain any benefit.
98
Demand with intent to steal etc
Sec 239(2)
7 years
- Everyone who
- With menaces or by any threat,
- Demanded any property from any person with intent to steal it
99
Abduction of Young person under 16 (1)
Sec 210(1)
7 years
- Everyone who
- With intent to deprive a parent or guardian or other person having the lawful care or charge of a young person of the possession of the young person
- Unlawfully takes or entices away or detains the young person (under 16)
100
Abduction of young person under 16(2)
Sec 210(2)
- Everyone who
- Receives a young person (under 16)
- knowing s/he has been unlawfully taken or enticed away or detained,
- with intent to deprive a parent or guardian or other person having the lawful care of charge of him/her of the possession of him/her
101
Abduction of YP under 16 (3)
Sec 210(3)
- re (1) and (2)
a) it is immaterial whether the YP consents, or is taken or goes or received at his/her own suggestion AND
b) it is immaterial whether the offender believes the YP to be of or over the age of 16
102
Abduction of child under 16
```
Sec 210 (1)
Must prove (6)
```
1) Defendant took, enticed or detained a YP under 16
2) The taking/enticement/detention was deliberate/intentional
3) The taking/enticement/detention was from a person who has lawful care
4) The Defendant knew the other person had lawful care
5) The takes/entices/detains was unlawful AND
6) It was done with intent to deprive a parent/guardian etc of possession of that YP
103
Abduction of YP under 16
Intent 210(1) and 210 (2)
```
Sec 210(1)
There must be an intent to take, entice or detain a YP and also a specific intent to deprive the parent or other specified person of the possession of the child
Sec 210(2)
Could be read as broadening the scope of the offence to include people who receive a YP without an intent to deprive the person with lawful care of possession provided the Defendant knew that the person responsible for the taking had such an intent
```
104
Abduction of YP under 16
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecutions in proof of the victim’s age. In practise to produce birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.
105
Abduction/Kidnapping
Sec 209A
For the purposes of sections 208 and 209, a person under the age of 16 years cannot consent to being taken away or detained.
106
Abduction/Kidnapping
Misc provision
Sec 210A
Statutory defence of good faith
Sec 210A
A person who claims in good faith to the possession of a YP under 16 cannot be convicted of an offence against sec 209 or 210 because he/she gets possession of the YP
107
Abduction/Kidnapping
Abduction
Liability
Sec 208 (a)(b) or (c) CA1961
14 years
- Unlawfully
- Takes away or detains
- A person
- Without his or her consent OR
- With his or her consent obtained by fraud or duress
- With intent to:
o Marry him or her OR
o Have sexual connection with him or her OR
o Cause him or her to be married or to have sexual connection with some other person
108
Abduction/ kidnapping
| Unlawfully
Without lawful justification, authority or excuse
109
Abduction/kidnapping
RV WELLARD
R V Wellard
The essence of the offence of kidnapping is the ‘deprivation of liberty coupled with a carrying away from the place where the victims wants to be’
110
Abduction/ kidnapping
R v Crossan
R v Crossan
Taking away and detaining are separate and distinct offences.
The first consists of taking (the victim) away, the second of detaining them.
The first offence was complete when the prisoner took the woman away against her will. Then having taken her away, he detained her against her will and his conduct in detaining her constituted a new and different offence.
111
Abduction/kidnapping
RV Pryce
Detaining is an active concept meaning to ‘keep in confinement or custody’. This is to be contrasted to the passive concept of ‘harbouring’ or mere failure to hand over.
112
Abduction/kidnapping
Consent
Define
“consent’ is a persons conscious and voluntary agreement to something desired or proposed by another”
113
Abduction/kidnapping
Rv Cox
R v Cox
Consent must be “Full, voluntary, free and informed..freely and voluntarily given by a person in a position to form a rational judgement
114
Abduction/kidnapping
Consent by fraud
Consent by Duress
Consent by fraud – consent obtained by the misrepresentation of the facts or the offenders intentions
Consent by duress- Consent obtained by actual or implied threat of force to the victim or another person. Can include other forms of pressure or coercion
115
Abduction/kidnapping
Mohi
The offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent. It has never been regarded as necessary.. that the crown should show the intent was carried out.
116
Abduction/kidnapping
RV Waaka
R V Waaka
Intent may be formed at any time during the taking away. If a taking away commences without the intent to have intercourse, but that intent is formed during the taking away, then that is sufficient for the purpose of the section
117
Abduction/kidnapping
Cause to be married or have sexual connection with some other person
This relates to situations where the abductor takes away or detains a victim to enable another person to marry them eg arranged marriage OR
Under this provision the offenders intent is to enable another person to have sexual connection with the victim eg gang prospect
118
Abduction/kidnapping
Liability
Kidnapping
Sec 209(a),(b) or (c) CA 1961
14 years
- Unlawfully
- Takes away or detains
- A person
- Without his or her consent OR
- With his or her consent obtained by fraud or duress
- With intent to
o To hold him or her for ransom or to services OR
o To cause him or her to be imprisoned or confined OR
o To cause him or her to be sent out of or taken out of NZ
119
Abduction/kidnapping
R v M
The crown must prove that the accused intended to take away or detain the complainant and that he or she knew that the complainant was not consenting
120
Abduction/kidnapping
Ransom or service
Ransom- a sum of money demanded or paid for the release of a person being held captive
Service- hold as a servant or slave
121
Abduction/kidnapping
Confined or imprisoned
Confined- restricting their movement to within a geographical area, but also has a wider meaning that includes curtailing their activity and exercising control and influence over them
Imprisoned- to be held as if in prison- narrower meaning than ‘confine’ eg locked in a room or in the boot of a car
122
People trafficking
Investigative approach (3)
Reactive: victim lead, initiated by approach to police by victim or another acting on behalf
Proactive: Police lead. Combo of investigation techniques/ intel resources to ID and locate traffickers, gather evidence and instigate proceedings
Disruptive: Appropiate in circumstances where the level of risk to the victim demands an immediate response, and a proactive or reactive approaches are not practicable option
123
Migrant smuggling/people trafficking
Differences (6) #
- Consent
- The purpose of the travel or movement
- The relationship between the person moved and the people enabling the movement
- Violence, intimidation or coercion
- Liberty
- Profit
124
Migrant smuggling
Summary
Migrant smuggling involves a person who has freely consented to be brought into nz as an illegal immigrant and is not subjected to coercion or deception
125
People trafficking
Summary
People trafficking involves a person who is brought into nz by means of coercion and/or deception. People are often trafficked in order to exploit them in the destination country, eg as forced labour, for removal of their organs or most commonly for sexual exploitation.
126
Violence
Liability
Wounding with Intent to cause GBH
188(1) CA 1961
14 years
1. With intent to cause GBH
2. To any one
3. Wounds OR Maims OR Disfigures OR Causes GBH
4. Any person
127
Violence
Liability
Wounding with Intent
```
Section 188(2), Crimes Act 1961
7 years
```
1. With intent to injure anyone OR with reckless disregard for the safety of others
2. To any one
3. Wounds OR Maims OR Disfigures OR Causes GBH
4. Any person
128
Violence
Liability
Wounding with Intent to cause GBH
1. With intent to cause GBH
2. To any one
3. Wounds OR Maims OR Disfigures OR Causes GBH
4. Any person
129
Violence
Liability
Injuring with Intent
```
Section 189(1), Crimes Act 1961
10 years
```
1. With intent to cause GBH
2. To any one
3. Injures
4. Any person
130
Violence
Liability
Injuring with Intent
```
Section 189(2), Crimes Act 1961
5 years
```
1. With intent to injure anyone OR with reckless disregard for the safety of others
2. To any one
3. Injures
4. Any person
131
Abduction of a YP
Takes, entices
To “entice” means to tempt, persuade, or attract by arousing hope or desire.
132
Abduction of a YP
Intent
There must be an intention to take, entice or detain a young person and also a specific intent to deprive the parent or other specified person of the possession of the child.
133
Abduction
Marriage
In this context, 'to marry' means to engage in a marriage solemnised in accordance of the Marriage Act 1955.
134
Firearm
Discharge
To fire or shoot
