1 Flashcards
Billy and John drinking in the skate park.
They see simon.
Approach him, Billy corners him and demands for his skateboard or will smash his sister sitting nearby. Simon tells Billy to fuck off. John punches simon in the face, simon falls. Simon gets up and takes off with his skate board. Billy chases him down the road but doesn’t catch him.
Assault with intent to rob being together with Sec 236(1)(c)
Bill and Jane in a defacto relationship.
Jane works at a café.
Bill rocks up at the café because he thinks that Jane is being unfaithful. Bill yells at everyone to get out whilst throwing chairs around.
Everyone evacuates and Jane tries to run out the door.
Bill grabs Jane and locks the back door.
Bill abuses and assaults Jane for about 30 mins in the café.
Kidnaping Sec 209(b) (Confined not imprisoned)
Define GBH - Case law
Bodily harm needs no explanation and bodily hard means no more and no less than really serious
What are the factors that increase the charge from robbery to being aggravated.
- Robs any person and at the time of, or immediately before, or after, the robbery causes GBH to any person.
- Being together with any other person, robs any person.
What are the factors that increase the charge from robbery to being aggravated.
- Robs any person and at the time of, or immediately before, or after, the robbery causes GBH to any person.
- Being together with any other person, robs any person.
- Being armed with any offensive weapon, instrument or anything appearing to be an offensive weapon, instrument, robs any person.
What must the prosecuton prove against smeone who abducts a young person under section 210(2)
- The acused received a person under age 16 AND
- The receiving was deliberate or intential AND
- The acused knew that the young person had bee unlawfully taken, enticed away or detained by another, from a person who had lawful possession of the young person AND
- The accused intended by reason of the receiving to deprive the person with lawful care of possession of that young person.
Difference between migrant smuggling and people trafficing
Migrant smuggling involves a person who has freely consented to be brought into NZ as an illegal immigrant and
People trafficking involves a person who is brought into NZ by eans of coercion and/or deception
Difference between Sec 188(1) and 188(2)
Same outcome, different intent
Some chick befriended an old lady, chick finds out that the old lady has a lot of cash in her bank acc. demands for the lady to give up the pin number or she’ll tell her family not to have anything to do with her anymore.
Demands with intent to steal
Secondary intent
Offender believes those consequences can happen
Circumstantial evidence
Offenders conduct and words during the incident
Claim of right (Black mail)
The proprietary right in property related to the offence committed.
Sec 198Atrespassing on private property, is it acting in the course of his or her duty?
no?
What is heldin R v Crossan?
A) A mere threat constitutes violent means.
B) ??
C) A combination of threats and violence constitutes violent means
Define GBH
Bodily harm needs no explanation and grevious means no more and no less that really serious - DPP v SMITH
Define Wounds
A breaking of the skin would be commonly regarded as a characteristic of a wound. The breaking of the skin will be normally evidenced by a flow of blood and in its occurrence at the site of a blow or impact, the wound will more often than not be external. But there are those cases where the bleeding which evidences the separation of tissues may be internal - R v WATERS
Define Maims
Will involve mutilation, crippling or disabling part of the body so victim is deprived of the use of a limb or one of the senses. Neds to be some degree of permanence.
Define disfigures
To disfigure means to deform or deface, to mar or alter the figure or appearance of a person.
Disfigures case law
The word disfigures not only covers permanent damage but also temporary damage.
Define Injures
Injures means to cause actual bodily harm.
Bodily harm case law
R v Donovan
Bodily harm includes and hurt or injury calculated to interfere with the health or comfort of the victim, it need not be permanent but must, no doubt be more than merely transitory or trifling.
Define GBH
GBH can be defined simply as harm that is really serious.
R v Lapier
Robbery is complete the instant the property is taken, even if possession is only momentarily
What are the three intents for abduction
(a) With intent to marry him or her.
(b) with intent to have sexual connection with him or her.
(c) With intent to cause him or her to be married to or to have sexual connection with some other person.
Ingredients of using a firearm against a law enforcement officer
Uses any firearm in any manner whatever.
Against and constable’ or TO, PO acting in the course of his or her duty.
Knowing that OR being reckless whether or not that person is a constable so acting.
R v MWAI (HIV) not limited to immediate harm
The defendant faced multiple accounts in relation to 2 woman who he infected with HIV and several others home he put it risk for unprotected sex.
And affirming his conviction for causing grievous bottle the harm with reckless disregard for the safety of others the court of appeal held at six and 188 is not limited to the immediate harmful consequences of the offenders actions such as external assault or injury
R V Joyce JOINT ENTERPRISE
The crown must establish that at lease two persons were physically present at the time the robbery was committed or the assault occurred.
R v Taisalika
The nature of the blow and the gash which it produced on the complainants head would point strongly to the presence of the necessary intent.
Define accusation
The word accusation will normally refer to an allegation that the defendant person is guilty of criminal conduct. It will not require that any formal charges have been filed against the person.
Differences between takes away and detains
R v crossan
Taking away and detaining are seperate and distinct offences. The first consists of taking the victim away, the second of detaining her.
The first offence was complete when the prisoner took the women away against her will.
Then, having taking her away, he detained her against her will, and his conduct in detaining her constituted a new and different offence.
Secondary intent
Offender believes the consequences can happen
Wounds, Maims and Disfigures relate to the type of injury, GBH refers to the degree of seriousness
W/M and D relate to the type of injury and GBH relates to the degree of seriousness of the injury.
Claim of right (Black mail)
The proprietary or possessory right in property related to the offence committed.
Ingredients for Demands with intent to steal
Sec 239(1) 14yrs
Without claim of right
By force or with any threat
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.
What constitutes recklessness
Recklessness means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the circumstances complained of could well happen, together with an intention to continue the course of conduct regardless of the risk.
R v Tihi two fold?
- The defendant intended to facilitate the commission of an imprisonable offence or one of the other intents outlined in paragraphs (a),(b), or (c) and,
- He intended to cause the specified harm, or was reckless to that risk.
R v crossan incapable of resistance
Incapable of resistance includes a powerlessness of the will as well as a physical incapacity.
Father takes child when mother has custody. What offence
Abduction of a child Sec 210(1) 7yrs
210(3) What’s not a defence to section 210(1) and 210(2) aduction of a young person
It is immaterial whether the young person consents, or is taken or goes or is received at his or her own suggestion, and
It is immaterial whether the offender believes the young person to be or over the age of 16
People trafficking / migrant smuggling age for child under 18 years
18 years? Check this
R v Hunt Doctrine of transferred malice
The defendant, while breaking into another mans stables was caught by the property owner and his servant.
Hunt attempted toto stab the property owner with a knife, but in the struggle he unintentionally inflicted a superficial cut to the servants wrist.
Although the cut was minor, his intent nevertheless been to cause serious harm ( to the property owner)
Injuries substance and device in full
The term injurious substance 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.
R v Skivington claim of right defence
Larceny or theft is an ingredient of robbery. And if the honest belief that a man has a claim of right is a defence for larceny, the it negates one of the elements in the offence of robbery, without proof the full offence is not made out.
R v kelt has with him
Having a firearm with him requires a very close physical link and a degree of immediate control over the weapon the man alleged to have the firearm with him
Statutory defence for blackmail. R v Marshall
A belief by the person making the threat that they are entitled to the benefit or to cause the loss is NOT in itself a defence to a charge under section 237(1), UNLESS the threat is, in the circumstances, a reasonable and proper means for effecting his or her purpose.
The intents for blackmail
Intent to cause the person to whom the threat is made to act in accordance with the will f the person making the threat.
Intent to obtain any benefit or to cause loss to any other person.
Explain the investigation approach for people trafficking and migrant smuggling
.
Stupefies r v sturm
To stupidly means to cause an effect on the mind or nervous system of a person, which seriously interferes with that persons mental or physical ability to act in any way which might hinder an intended crime.
Wounding with intent is an offence under section 188 of the crimes act 1961. Subsections (1) and (2) both relate to actions that resulted in wounding, maiming,disfiguring, or grievous bodily harm to the victim. What is the difference between the two sections?
The offenders intent.
Section 198(1) crimes act 1961 discharging a firearm with intent to do grievous bodily harm sets out three offences.summarise those offences.
- discharging firearm or doing dangerous act with intent. 14yrs with intent to do GBH.
- dischargers any firearm a gun or other similar weapon at any person or
Scenes or delivers to any person or puts in any place in exposes or injury substance or device or
Sets fire to any property
What are the 3 intents for kidnapping?
To hold him or her for ransom or service.
To cause him or her to be confined or imprisioned.
To cause him or her to be sent or taken from NZ.
Ingredients for demands with intent to steal ec 239(2) 7yrs
With menaces or by any threat
Demands any property from any person
With intent to steal it.
In section Injuring with intent Section 189. What sub section has no allowance for recklessness?
Sub section (1)
