Bully

Question 1

Incapable of resistance - R v Crossan - the best description

Answer 1

It was held that a mere threat may not in itself be sufficient to constitute “violent means”, but when the person making the threat is brandishing a loaded revolver in circumstances that cause the victim to submit to his will in the belief that he will carry out his threat unless she does so, it can be said that she was rendered incapable of resistance by violent means just as effectively as if she were physically incapable

Question 2

Being together with - R v Joyce - the best description

Answer 2

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 time of the robbery. In this case they were not physically together at the time of the robbery. They are both guilty of robbery

Question 3

What is an accusation. The best description (guilty of criminal conduct)

Answer 3

The word “accusation” will normally refer to an allegation that the defendant is guilty of criminal conduct. It will not require that any formal charges have been filed against the person, nor that the accusation be one that would involve proceedings before a judicial tribunal

Question 4

Abduction. Father takes daughter 15yrs (who consents) but mum has court ordered custody. It this still criminal?

Answer 4

Yes. The offence of abduction of a young person under 16 also has similar elements, however in these cases the defendant’s intent is to deprive a parent or guardian of possession of the young person, for example contrary to a court order during a child custody dispute

Question 5

What is the two-fold test for intent (R v Tihi)

Answer 5

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
He or she intended to cause the specified harm, or was reckless as to that risk

Question 6

What is the best description of recklessness (R v Cameron)

Answer 6

Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
His or her actions would bring about the proscribed result, and/or
That the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable

Question 7

What is the best description of Stupefy (R v Sturm)

Answer 7

The court in this matter held that 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

Question 8

Define wounding with intent S188(2)

Answer 8

Everyone is liable to imprisonment for a term not exceeding 7 yrs who, with intent to injure anyone, or with reckless disregard for the safety of others, wounds, maims, disfigures, or causes grievous bodily harm to any person

Question 9

What is the difference between people smuggling and people trafficking?

Answer 9

Migrant smuggling involves a person who has freely consented to being brought into NZ as an illegal immigrant and people trafficking involves a person who is brought into NZ by means of coercion and/or deception

Question 10

R v Crossan

Answer 10

Taking away and detaining are “separate and distinct offences. The first consists of taking (the victim) away; and the second of detaining her. 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”

Question 11

Circumstantial evidence from which an offender’s intent may be inferred can include:

Answer 11

The offender’s actions and words before, during and after the event
The surrounding circumstances
The nature of the act itself

Question 12

Define claim of right

Answer 12

Claim of right, in relation to any act, means a belief at the time 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

Question 13

What is meant by the doctrine of transferred malice

Answer 13

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 in another, he is still criminally responsible, under the doctrine of transferred malice, despite the wrong target being struck

Question 14

What are the three intents for kidnapping

Answer 14

(a) hold the person for ransom or to service; or
(b) cause the person to be confined or imprisoned; or
(c) cause the person to be sent or taken out of NZ

Question 15

Define injurious substance and provide an example

Answer 15

The term injurious substance or device covers a range of things capable of causing harm to a person; an example, a letter containing Anthrax powder that is mailed to a political target

Question 16

What does R v Waters say a wound is

Answer 16

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 often be external. But there are those cases where the bleeding which evidences the separation of tissues may be internal

Question 17

R v Skivington

Answer 17

Larceny (or theft) is an element of robbery, and if the honest belief that a man has a claim of right is a defence to larceny, then it negatives one of the elements in the offence of robbery, without proof of which the full offence is not made out

Question 18

List 4 things that can be used as circumstantial evidence to prove intent for a serious assault

Answer 18

Prior threats
Evidence of premeditation
The use of a weapon
Whether any weapons were brought or opportunistic
The number of blows
The degree of force used
The body parts targeted by the offender
The degree of resistance or helplessness of the victim

Question 19

What does R v Kelt say about having a firearm with him

Answer 19

There must be evidence that the defendant not only had possession, in the sense that he or she knowingly had custody or control of the firearm, but also that it was at the time available and at hand for him or her to use while committing the imprisonable offence

Question 20

What is a statutory defence to blackmail

Answer 20

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 s237(1), unless the threat is, in the circumstances, a reasonable and proper means for effecting his or her purpose

Question 21

What are the three main investigative approach options for people trafficking and migrant smuggling

Answer 21

Reactive investigation
Proactive investigation
Disruptive investigation

Question 22

Explain R v Taisalika in relation to intoxication and intent

Answer 22

In R v Taisalika, the defendant crashed a party and in an unprovoked attacked struck another partygoer on the side of the head with a glass. The glass chattered causing a serious gash tp the victim’s temple and multiple cuts to his face.

Taisalika argued unsuccessfully that he had been so intoxicated he could not remember the incident; therefore he could not have had the necessary intent. The court held that loss of memory of past events is not the same as a lack of intent at the time

Question 23

Define GBH, Wounds, Maims and Injures

Answer 23

GBH can be defined as harm that is really serious

A wound involves the breaking of the skin and the flowing of blood, internally or externally

In practical terms it will involve mutilating, crippling or disabling a part of the body to deprive the victim of the use of a limb or of one of the sense. It is suggested that in legal commentaries that to constitute maiming, there needs to be some degree of permanence

To injure means to cause actual bodily harm. Actual bodily harm may be internal or external, and it need to be permanent or dangerous

Question 24

What was held in R v Lapier

Answer 24

Robbery is complete the instant the property is taken, even if possession by the thief is only momentary. Once theft is complete, the immediate return of the property will not purge the offence

Question 25

What are the factors that increase the charge from a robbery to being an aggravated robbery. Write out 235 (a), (b) and (c)

Answer 25

(a) robs any person and, at the time of, or immediately before or immediately after, the robbery, causes GBH to any person; or
(b) being together with any other person or persons, robs any person; or
(c) being armed with any offensive weapon or instrument, or anything appearing to be such a weapon or instrument, robs any other person

Question 26

What must the prosecution prove against someone who abducts a young person under s210(2)

Answer 26

The defendant received a person under the age of 16yrs;

The receiving was deliberate or intentional;

The defendant knew the young person had been unlawfully taken or enticed away or detained by another from a parent, guardian or other person having lawful care or charge of him or her of the possession fo that young person; and

The defendant intended by reason of the receiving to deprive a parent, guardian or other person having lawful care or charge of him or her of the possession of that young person

Question 27

What was held in R v Joyce

Answer 27

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 time of the robbery. In this case they were not physically together at the time of the robbery. They are both guilty of robbery