Assault, Rob and Kidnap Offences and Elements

Question 1

Section and elements of Wounding with Intent (Intent GBH)

Answer 1

s188(1) Crimes Act

• With Intent to cause grievous bodily harm
• To any person
• Wounds or maims or disfigures or causes grevious bodily harm
• To any person

Question 2

Section and elements of Wounding with Intent (No GBH intent)

Answer 2

s188(2) Crimes Act

• With intent to injure any person or with reckless disregard for the safety of others
• Wounds or maims or disfigures or causes grevious bodily harm
• To any person

Question 3

Section and elements of Injuring with Intent (Intent to GBH)

Answer 3

s189 (1) Crimes Act

• With intent to cause grievous bodily harm
• To any person
• Injures
• Any Person

Question 4

Section and elements of Injuring with Intent (No GBH intent)

Answer 4

s189(2) Crimes Act

• With intent to injure any person or with reckless disregard for the safety of others
• Injures
• Any Person

Question 5

Section and elements of Aggravated wounding

Answer 5

Section 191(1)

-With intent
(a) To commit or facilitate the commission of any imprisonable offence
(b) To avoid detection of himself or of any other person in the commission of any imprisonable offence
(c) To avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any inprisonable offence
- Wounds or maims or disfigures or causes GBH to any person or stupefies or renders unconscious and person or by any violent means renders any person incapable of resistance
- Any person

Question 6

Section and elements of abduction

Answer 6

Section 208 Crimes Act

• Unlawfully
• Takes away or detains
• A person
• Without their consent or with consent obtained by fraud or duress
• With intent to:
  (a) Go through a form of marriage or civil union or
  (b) have sexual connection with the person or
  (c) Cause the person to go through a form of marriage or civil union, or to have sexual connection, with some other person

Question 7

Section and elements of kidnapping

Answer 7

Section 209 Crimes Act

• Unlawfully
• Takes away or detains
• a person
• without their consent or with consent obtained by fraud or duress
• With intent to:
  (a) Hold him or her for ransom or to service, or
  (b) cause him or her to be confined or imprisoned
  (c) cause him or her to be sent or taken out of New Zealand

Question 8

Section and elements of abduction of a young person under 16

Answer 8

Two versions

Section 210(1) Crimes Act

• 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
  (a) takes away or
  (b) entices away or
  (c) detains
• The young person

Section 210(2) Crimes Act
- Receives
- A young person
- Knowing that he or she has been Unlawfully
(a) taken away or
(b) enticed away or
(c) detained
- with intent to deprive a parent or guardian or other person having the lawful care or charge of him or her of the possession of him or her

Question 9

Section and elements of robbery

Answer 9

s234(1) Crimes Act
- Theft
- Accompanied by violence or accompanied by threats of violence
- to any person or property
- Used to extort the property stolen or to prevent or overcome resistance to its being stolen

Question 10

section and elements of aggravated robbery(s)

Answer 10

3 types under s 235 Crimes Act

S235(a)
- Robs any person
- At the time of or immediately before or immediately after the robbery
- Causes GBH
- To any person

S235(b)
- being together with any other person or persons
- Robs
- Any person

s235(c)
- being armed with any offensive weapon or instrument or any thing appearing to be such a weapon or instrument
- Robs
- Any other person

Question 11

Section and elements Assault with intent to rob

Answer 11

4 types in s236 Crimes Act. (1) relates to agg Robs and (2) to normal robbery

s236(1)(a)
-With intent to rob any person
- Causes GBH to that person or any other person

s236(1)(b)
- With intent to rob any person
- being armed with any offensive weapon or instrument or any thing appearing to be such a weapon or instrument
- assaults that person or any other person

s236(1)(c)
- with intent to rob any person
- being together with any other person or persons
- assault that person or any other person

s236(2)
- Assaults any person
- with intent to rob that person or any other person