Criminal Liabilities Flashcards
Abduction
208 (a),(b),(c) CA61 - 14 yrs
- Unlawfully
- Takes away OR detains
- A person
- Without his or her consent OR with or her consent obtained by fraud or duress
- With intent to:
(a) marry him or her
(b) have sexual connection with him or her
(c) cause him or her to be married or to have sexual connection.
Kidnapping
209 (a),(b),(c) CA61 - 14yrs
- Unlawfully
- Takes away OR detains
- A person
- Without his or her consent
OR with or her consent obtained by fraud or duress
- With intent to:
(a) hold him or her for ransom or service
(b) to cause him or her to be imprisoned or confined
(c) to cause him or her to be taken out of NZ.
Accessory after the fact
71(1) CA61 - 1/2 O.P, 5yrs, 7yrs
- Knowing any person to be a party to an offence
- Receives, comforts, or assists that person
OR tempers with or actively suppresses any evidence against him
- In order to help him: escape after arrest
OR to avoid arrest or conviction
Arson (Danger to life)
267(1)(a) CA61 - 14 yrs - Intentionally OR Recklessly - Damages by fire OR Damages by means of explosive - Any property - If he or she: knows or ought to know that danger to life is likely to ensue
Arson (No interest)
267(1)(b) CA61 - 14yrs - Intentionally OR Recklessly - And without claim of right - Damages by fire OR Damages by means of explosive - Any immovable property OR any vehicle OR any ship OR aircraft in which that person has no interest
Arson (Obtain benefit / Cause loss)
267(1)(c) CA61 - 14 years - Intentionally OR Recklessly - Damages by fire OR Damages by means of explosive - Any immovable property OR Vehicle OR Ship OR Aircraft - With intent to obtain any benefit OR Cause loss to any other person
Arson (Movable property, no interest)
267(2)(a) CA61 - 7 yrs - Intentionally OR Recklessly - And without claim of right - Damages by fire OR Damages by means of explosive - Any property (other than property listed in section 267(1)) in which that person has no interest
Arson (Movable property, obtain benefit/ cause loss)
267(2)(b) CA61 - 7 yrs - Intentionally OR Recklessly - Damages by fire OR Damages by means of explosive - Any property (other than property listed in section 267(1)) - With intent to obtain any benefit OR Cause loss to any other person
Aggravated Burglary (while committing)
232(1)(a) CA61 - 14 yrs
- While committing burglary
- Has a weapon with him or her
OR Uses anything as a weapon
Aggravated Burglary (having committed)
232(1)(b) CA61 - 14 yrs - Having committed burglary - Has a weapon with him or her OR Uses anything as a weapon - While still in the building or ship
Conspiracy
310(1) CA61 - 7 yrs (or O.P, if O.P is = or less than O.P)
- Conspires
- With any person
- To commit an offence
Drugs - Imports/Exports
6(1)(a) MODA75 - Life/14/8 yrs
- Imports into OR Exports from NZ
- Any controlled drug
Drugs - Produce/Manufacture
6(1)(b) MODA75 - Life/14/8 yrs
- Produces OR Manufactures
- Any controlled drug
Drugs - Supply Class A/B
6(1)(c) MODA75 - Life/14 yrs
- Supplies OR Administers OR Offer to supply or administer OR Otherwise deals in
- Class A OR B controlled drug
- To any person
Drugs - Supply Class C under 18
6(1)(d) MODA75 - 8 yrs
- Supplies OR Administers OR Offer to supply or administer OR Otherwise deals in
- Class C controlled drug
- To any person under 18 years of age
Drugs - Sell Class C over 18
6(1)(e) MODA75 - 8 yrs
- Sells OR offers to Sell
- Class C controlled drug
- To any person of or over 18 years of age
Drugs - Possession for supply
6(1)(f) MODA75 - Life/14/8 yrs
- Possession of
- Any controlled drug
- For the purposes set out in paras (c),(d) or (e) of this subsection
Discharging a firearm with intent
198(1)(a) CA61 - 14 yrs
- With intent to cause GBH
- Discharges any firearm, airgun or similar weapon
- At any person
198(2) intent injure OR reckless disregard for safety
Doing dangerous act with intent - explosives
198(1)(b) CA61 - 14 yrs
- With intent to cause GBH
- Sends or delivers to any person OR puts in any place
- Any explosive OR Injurious substance or device
198(2) intent injure OR reckless disregard for safety
Doing dangerous act with intent - sets fire
198(1)(c) CA61 - 14 yrs
- With intent to cause GBH
- Sets fire
- To any property
198(2) intent injure OR reckless disregard for safety
Uses any firearm against LEO
198A(1) CA61 - 14 yrs
- Uses any firearm in any manner whatever
- Against any Constable OR any traffic officer OR any prison officer, Acting in the course of his duty
- Knowing that OR Being reckless to whether or not, that the person is a member of Police OR traffic officer OR Prison Officer, so acting
Commission of an imprisonable offence with a firearm
198B(1)(a) CA61 - 10 yrs
- In committing any imprisonable offence
- Uses any firearm
Receiving
246 CA61 - Over $1000 7yrs/ $1000 - $500 1yr/ Under $500 3mth
- Receives
- Any property stolen or obtained by any other imprisonable offence
- Knowing that property to have been stolen or so obtained
OR being reckless as to whether or not the property had been stolen or so obtained
Robbery
234(1) CA61 - 10 yrs
- Theft
- Accompanied by violence or threats of violence
- To any person OR property
- Used to extort the property stolen
OR Prevent or overcome resistance to it being stolen
Aggravated Robbery - cause GBH
235(a) CA61 -14 yrs
- Robs any person
- And at the time of OR Immediately before OR Immediately after
- cause GBH to any person
Aggravated Robbery - together with
235(b) CA61 - 14 yrs
- Being togeter with any other person OR persons
- Robs
- Any person
Aggravated Robbery - offensive weapon
235(c) CA61 - 14 yrs
- Being armed with any offensive weapon OR instrument
OR anything appearing to be such a weapon or instrument
- Robs
- Any person
Assault with intent to rob - cause GBH
236(1)(a) CA61 - 14 yrs
- With intent to rob any person
- Causes GBH
- to that person OR any other person
Assault with intent to rob - offensive weapon
236(1)(b) CA61 - 14 yrs
- With intent to rob any person
- Being armed with any offensive weapon OR instrument
OR anything appearing to be such a weapon or instrument
- Assaults that person OR any other person
Assault with intent to rob - together with
236(1)(c) CA61 - 14 yrs
- With intent to rob any person
- Being together with any other person OR persons
- Assaults that person OR any other person
Wounding with intent to cause GBH
188(1) CA61 - 14yrs
- With intent to cause GBH
- To anyone
- Wounds OR Maims OR Disfigures OR Cause GBH
- Any person
Wounds with intent to injure
188(2) CA61 - 7yrs
- With intent to injure anyone
OR With reckless disregard for the safety of others
- Wounds OR Maims OR Disfigures OR Cause GBH
- Any person
Injures with intent to to cause GBH
189(1) CA61 - 10 yrs
- With intent to cause GBH
- To anyone
- Injures
- Any peron
Injures with intent to injure
189(2) CA61 - 5yrs - With intent to injure anyone OR With reckless disregard for the safety of others - Injures - Any person
Aggravated Wounding
191(1) (a),(b)or(c) CA61 - 14yrs
- With intent to:
(a) Commit or facilitate the commission of any imprisonable offence OR
(b) Avoid detection of himself or any other person in the commission of any imprisonable offence OR
(c) To avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
- Wounds OR Maims OR Disfigures OR Causes GBH OR Stupefies OR Renders unconscious
OR by any violent means renders the person incapable of resistance
- Any person
Aggravated Injuring
191(2) CA61 - 7 yrs
- With intent to:
(a) Commit or facilitate the commission of any imprisonable offence OR
(b) Avoid detection of himself or any other person in the commission of any imprisonable offence OR
(c) To avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence - Injures
- Any person
Uses a document
228(a), (b) CA61 - 7yrs
- With intent to obtain any property OR service OR pecuniary advantage OR valuable consideration
- Dishonestly
- And without claim of right
(a) Takes OR Obtains any document
(b) Uses OR Attempts to use any document
Obtains by deception - (obtains property)
240(1)(a) CA61 - Over $1000 7yrs/ $1000 - $500 1yr/ Under $500 3mth
- By any deception
- And without claim of right
- Obtains Possession of or control over any property
OR any privilege OR service OR pecuniary advantage OR benefit OR valuable consideration
Obtains by deception - (cause loss)
240(1)(b) CA61 - Over $1000 7yrs/ $1000 - $500 1yr/ Under $500 3mth
- By any deception
- And without claim of right
- In incurring any debt OR liability
Sexual Violation by Rape
128(1)(a) CA61 - 20 yrs
- A person
- Rapes
- Another person
Sexual Violation by unlawful sexual connection
128(1)(b) CA61 - 20 yrs
- A person
- Has unlawful sexual connection
- With another person
Sexual Conduct with a child under 12
132(1) CA61 - 14 yrs
- Everyone
- Has sexual connection
- With a child
Sexual Conduct with a child under 12 - attempt
132(2) CA61 - 10 yrs
- Everyone
- Attempts to have sexual connection
- WIth a child
Sexual Conduct with a child under 12 - indecent
132(3) CA61 - 10 yrs
- Everyone
- Does an indecent act
- On a child
Sexual conduct with a young person under 16
134(1) CA61 - 10 yrs
- Everyone
- Has sexual connection
- With a young person
Sexual conduct with a young person under 16 - Attempt
134(2) CA61 - 10yrs
- Everyone
- Attempts to have sexual connection
- With a young person
Sexual conduct with a young person under 16 - Indecent
134(3) CA61 - 7 yrs
- Everyone
- Does an indecent act
- On a young person
Indecent Assault
135 CA61 - 7 yrs
- Everyone
- Indecently assaults
- Another person
Sexual Conduct with dependent family member
131(1) CA61 - 7yrs
- Everyone
- Has sexual connection
- With a dependent family member under 18 years
Attempt - 131(2) CA61 - 7yrs
Indecent - 131(3) CA61 - 3yrs
Attempted sexual violation
129(1) CA61 - 10 yrs
- Everyone
- Attempts to commit
- Sexual Violation
Assault with intent to commit sexual violation
129(2) CA61 - 10yrs
- Everyone
- Assaults another person
- With intent to commit sexual violation
- Of the other person
Arson - Reckless disregard
267(3) CA61 - 5 yrs
- intentionally
- damages by fire OR by means of any explosive
- any property
- with reckless disregard for the safety of any other property.
Intentional Damage (2)
s269(2)(a), (b) CA61 – 7 yrs
- Intentionally OR Recklessly
- And without claim of right
- Destroys OR Damages
- Any property
(a) In which that person has no interest
(b) With intent to obtain any benefit OR with intent to cause loss to any other person
Intentional Damage (1)
s269(1) CA61 – 10 yrs
- Intentionally OR Recklessly
- Destroys OR Damages
- Any property
- Knowing OR ought to know danger to life is likely to result
Intentional Damage (3)
s269(3) Crimes Act 1961 – 7 years
- Intentionally OR Recklessly
- Destroys OR Damages
- Any property
- With reckless disregard for the safety of any other property
Blackmail
s237(1) CA61 - 14yrs
Everyone commits blackmail who threatens, expressly or by implication, to make any accusation against any person (whether living or dead) OR to disclose something about any person (whether living or dead), OR to cause serious damage to property OR endanger the safety of any person with intent to cause the person to whom the threat is made (a) 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.
Party
s66(1) CA61
Every one is a party to and guilty of an offence who:
a) actually commits the offence; or
b) does or omits an act for the purpose of aiding any person to commit the offence; or
c) abets any person in the commission of the offence; or
d) incites, counsels or procures any person to commit the offence
