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Criminal liabilities Flashcards

1
Q

Accessory after the fact

A

Accessory after the fact
S71(1), C.A. 1961
life=7 yrs, 10+ yrs=5yrs, or 1/2 penalty

  1. Knowing any person to be a party to an offence
  2. Receives, comforts or assists that person
    OR
    Tampers with or actively suppresses evidence against him.
  3. In order to help him to escape after arrest
    OR
    Avoid arrest or conviction.
1. Knowing definition
   Knowing definition from "Simester and Brookbanks"
   R v Crooks, re: knowledge
   R v Briggs, re: Knowledge
   Person definition
   Party definition
   Offence definition
   Blurb about proving original charge
  1. Receives/Comforts/assists definition
    OR
    Tampers with/actively suppresses evidence definition
  2. R v Mane
    Blurb about actually assisting offender
    OR
    Blurb about evades justice.
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2
Q

Accessory after the fact

A

Accessory after the fact
S71(1), C.A. 1961
life=7 yrs, 10+ yrs=5yrs, or 1/2 penalty

  1. Knowing any person to be a party to an offence
  2. Receives, comforts or assists that person
    OR
    Tampers with or actively suppresses evidence against him.
  3. In order to help him to escape after arrest
    OR
    Avoid arrest or conviction.
1. Knowing definition
   Knowing definition from "Simester and Brookbanks"
   R v Crooks, re: knowledge
   R v Briggs, re: Knowledge
   Person definition
   Party definition
   Offence definition
   Blurb about proving original charge
  1. Receives/Comforts/assists definition
    OR
    Tampers with/actively suppresses evidence definition
  2. R v Mane
    Blurb about actually assisting offender
    OR
    Blurb about evades justice.
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3
Q

Robbery

A

Robbery
S234, C.A 1961
10 yrs

  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
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4
Q

Aggravated robbery (a)

A

Aggravated robbery
S235(a), C.A. 1961
14 years

  1. Robs any person
2. And at the time of
    OR
    Immediately before
    OR
    Immediately after the robbery
  1. Causes GBH to any person
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5
Q

Aggravated robbery (b)

A

Aggravated robbery
S235(b), C.A. 1961
14 years

  1. Being together with any other person
    OR
    persons
  2. Robs
  3. Any person
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6
Q

Aggravated robbery (c)

A

Aggravated robbery
S235(b), C.A. 1961
14 years

1. Being armed with any offensive weapon
   OR
   Instrument
   OR
   Anything appearing to be such a weapon or instrument
  1. Robs
  2. Any person
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7
Q

Assault with intent to rob (a)

A

Assault with intent to rob
S236(1)(a), C.A. 1961
14 years

  1. With intent to rob any person
  2. Causes GBH
  3. To that person
    OR
    Any other person
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8
Q

Assault with intent to rob (b)

A

Assault with intent to rob
S236(1)(b), C.A. 1961
14 years

  1. With intent to rob any person
2. Being armed with any offensive weapon
    OR
    Instrument
    OR
    Anything appearing to be such a weapon or instrument
  1. Assaults that person
    OR
    Any other person
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9
Q

Assault with intent to rob (c)

A

Assault with intent to rob
S236(1)(c), C.A. 1961
14 years

  1. With intent to rob any person
  2. being together with any other person or persons
  3. Assaults that person
    OR
    Any other person
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10
Q

Sexual violation by rape

A

Sexual violation by rape
S128(1)(a), C.A. 1961
20 years

  1. A person
  2. Rapes
  3. Another person
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11
Q

Sexual violation by unlawful sexual connection

A

Sexual violation by unlawful sexual connection
S128(1)(b), C.A. 1961
20 years

  1. A person
  2. Has unlawful sexual connection
  3. With another person
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12
Q

Sexual conduct with child under 12

A

Sexual conduct with child under 12
S132(1), C.A. 1961
14 years

  1. Everyone
  2. Has sexual connection
  3. With a child
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13
Q

Sexual conduct with child under 16

A

Sexual conduct with child under 16
S134(1), C.A. 1961
10 years

  1. Everyone
  2. Has sexual connection
  3. With a young person
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14
Q

Sexual conduct with child under 16

A

Sexual conduct with child under 16
S134(3), C.A. 1961
10 years

  1. Everyone
  2. Does an indecent act
  3. On a young person
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15
Q

Indecent assault

A

Indecent assault
S135, C.A. 1961
7 years

  1. Everyone who
  2. Indecently assaults
  3. Another person
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16
Q

Wounding with intent to cause GBH

A

Wounding with intent to cause GBH
S188(1), C.A. 1961
14 years

  1. With intent to cause GBH
  2. To any one
3. Wounds
    OR
    Maims
    OR
    Disfigures
    OR
    Causes GBH
  1. Any person
17
Q

Wounding with intent

A

Wounding with intent
S188(2), C.A. 1961
7 years

  1. With intent to injure anyone
    OR
    With reckless disregard for the safety of others
2. Wounds
    OR
    Maims
    OR
    Disfigures
    OR
    Causes GBH
  1. To any person
18
Q

Injuring with intent to GBH

A

Injuring with intent to GBH
S189(1), C.A. 1961
10 years

  1. With intent to cause GBH
  2. To anyone
  3. Injures
  4. Any person
19
Q

Injuring with intent

A

Injuring with intent
S189(2), C.A. 1961
5 years

  1. With intent to injure anyone
    OR
    With reckless disregard for the safety of others
  2. Injures
  3. Any person
20
Q

Aggravated wounding (1)(a-c)

A

Aggravated wounding
S191(1)(a-c), C.A. 1961
14 years

  1. (a): With intent to commit or facilitate the commission of any imprisonable offence
    OR
    (b): Avoid detection of himself or any other person in the commission of an imprisonable offence
    OR
    (c): To avoid arrest or facilitate flight of himself or any other person upon the commission of attempted commission of any imprisonable offence
2. Wounds
    OR
    Maims
    OR
    Disfigures
    OR
    Causes GBH
    OR
    Renders unconscious
    OR
    By any violent means renders the person incapable of resistance
  1. Any person
21
Q

Aggravated injuring

A

Aggravated injuring
S191(2), C.A. 1961
7 years

  1. With intent to commit or facilitate the commission of any imprisonable offence
    OR
    Avoid detection of himself or any other person in the commission of an imprisonable offence
    OR
    To avoid arrest or facilitate flight of himself or any other person upon the commission of attempted commission of any imprisonable offence
  2. Injures
  3. Any person
22
Q

Import/export controlled drug

A

Import/export controlled drug
S6(1)(a), MODA 1975
Life

  1. Import into New Zealand
    OR
    Exports from New Zealand
  2. Any controlled drug
23
Q

Produce or manufacture any controlled drug

A

Produce of manufacture any controlled drug
S6(1)(b), MODA 1975
Life/14 years/8 years

  1. Produce
    OR
    Manufacture
  2. Any controlled drug
24
Q

Supply/Administer or offer to supply or Administer class A or B controlled drug

A

Supply/Administer or offer to supply or administer class A or B controlled drug
S6(1)(c), MODA 1975
Life/14 years

1. Supplies
   OR
   Administers
   OR 
   offers to supply
   OR
   Administer
   OR
   Otherwise deals in
  1. Class A or B controlled drug
  2. To any person
25
Q

Supply/Administer/offer class C controlled drug to persons under 18 years of age

A

Supply/Administer/offer class C controlled drug to persons under 18 years of age
S6(1)(d), MODA 1975
8 years

1. Supplies
   OR
   Administers
   OR 
   offers to supply
   OR
   Administer
   OR
   Otherwise deals in
  1. Class C controlled drug
  2. To any person under the age of 18 years old
26
Q

Possession of a controlled drug for supply/administer/sell/offer

A

Possession of a controlled drug for supply/administer/sell/offer
S6(1)(f), MODA 1975
Life/14 years/8 years

  1. Possession of
  2. Any controlled drug
  3. For any of the purposes set out in paras (c), (d) or (e)

CIB Induction (12 decks)

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