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DDC > Criminal Liablities > Flashcards

Criminal Liablities Flashcards

1
Q

ROBBERY

A

Crimes Act 1961, Section 234(1)

  • 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

THEFT
Dishonestly
In relation to an act or omission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.

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

Skivington - claim of right is a defence to robbery.

Taking
Lapier - taking complete the instant the property is taken, even if possession by the thief is only momentary.

Peat - immediate return of goods by the robber does not purge the offence, subject to the necessary intent.

Possession
Cox - possession involves the physical element (actual or potential physical custody or control) and the mental element (knowledge and intention).

Property
Real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.

Intent to deprive permanently
An intent to deprive any owner permanently of property includes an intent to deal with property in such a manner that (a) the property cannot be returned to any owner in the same condition; or (b) any owner is likely to be permanently deprived of the property or of any interest in the property.

Intent
Deliberate act and an intent to produce a specific result.
Collister - circumstantial evidence includes:
- offender’s actions and words before, during, and after the event
- surrounding circumstances
- nature of the act itself

ACCOMPANIED BY VIOLENCE
Maihi - there must be a nexus between the act of stealing and a threat of violence. Both must be present but are not required to be contemporaneous.

Mitchell - property handed over as a result of threats previously made but still on the mind of the victim at the time.

Violence
Peneha - actions of defendant forcibly interfere with personal freedom or amount to forcible powerful or violent action producing a very marked or powerful effect tending to cause bodily injury or discomfort.

Threats of violence
Broughton - manifestation of an intention to inflict violence unless the money or property be handed over. May be direct or veiled, conveyed by words or conduct or a combination of both.

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2
Q

AGGRAVATED ROBBERY

GBH

A

Crimes Act 1961, Section 235(a)

  • robs any person
  • at the time of, OR immediately before OR immediately after, the robbery,
  • causes grievous bodily harm
  • to any person

ROBS ANY PERSON
(as robbery)

CAUSES GRIEVOUS BODILY HARM
GBH can be defined as harm that is really serious

Smith - bodily harm needs no explanation and grievous means no more and no less than really serious.

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3
Q

AGGRAVATED ROBBERY

together with

A

Crimes Act 1961, Section 235(b)

  • being together with any other person or persons,
  • robs
  • any person

BEING TOGETHER WITH ANY OTHER PERSON OR PERSONS
Physical proximity
Joyce - at least two persons were physically present at the time the robbery was committed or assault occurred.

Joint enterprise
Galey - two or more persons having the common intention to use their combined force.

ROBS
(as robbery)

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4
Q

AGGRAVATED ROBBERY

offensive weapon

A

Crimes Act 1961, Section 235(c)

  • being armed with any offensive weapon or instrument, OR any thing appearing to be such a weapon or instrument
  • robs
  • any other person

BEING ARMED
The defendant is carrying the item or has it available for immediate use as a weapon.

OFFENSIVE WEAPON
Any article made or altered for use for causing bodily injury, or intended by the person having it with him or her for such use.
or
Any article capable of being used for causing bodily injury.

ROBS
(as robbery)

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5
Q

ASSAULT WITH INTENT TO ROB

GBH

A

Crimes Act 1961, Section 236(1)(a)

  • With intent to rob any person
  • causes grievous bodily harm to that person or any other person
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6
Q

ASSAULT WITH INTENT TO ROB

offensive weapon

A

Crimes Act 1961, Section 236(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
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7
Q

ASSAULT WITH INTENT TO ROB

together with

A

Crimes Act 1961, Section 236(1)(c)

  • With intent to rob any person
  • being together with any other person or persons
  • assaults that person or any other person
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8
Q

ASSAULT WITH INTENT TO ROB

subsection 2 - assault

A

Crimes Act 1961, Section 236(2)

  • Assaults any person
  • with intent to rob that person or any other person
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9
Q

ABDUCTION

marriage or civil union

A

Crimes Act 1961, Section 208(a)

  • Unlawfully
  • Takes away OR Detains
  • A Person
  • Without their consent OR with consent obtained by fraud or duress
  • With intent to go through a form of marriage or civil union with the person

UNLAWFULLY
Without lawful justification or excuse.

TAKES AWAY or DETAINS
Crossan - taking away and detaining are separate and distinct offences.

Taking away
Wellard - the deprivation of liberty coupled with a carrying away from the place where the victim wants to be.

Detains
Pryce - detaining is an active concept meaning to keep in confinement or custody, contrasted to the passive concept of harbouring.

WITHOUT THEIR CONSENT
Cox - consent must be full, voluntary, free and informed … freey and voluntarily given by a person in a position to form a rational judgment.

WITH CONSENT OBTAINED BY DURESS
The critical question in relation to duress is whether the threats, pressure or coercion are such that they destroy the reality of consent and overbear the will of the individual.

INTENT
Must have an intention to commit the act and an intention to get a specific result.

Result means “aim, object, or purpose”. Simester and Brookbanks

Collister - circumstantial evidence from which an offender’s intent may be inferred can include:

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

Mohi - offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent.

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10
Q

ABDUCTION

sexual connection

A

Crimes Act 1961, Section 208(b)

  • Unlawfully
  • Takes away OR Detains
  • A person
  • Without their consent OR with consent obtained by fraud or duress
  • With intent to have sexual connection with the person

UNLAWFULLY
Without lawful justification or excuse.

TAKES AWAY or DETAINS
Crossan - taking away and detaining are separate and distinct offences.

Taking away
Wellard - the deprivation of liberty coupled with a carrying away from the place where the victim wants to be.

Detains
Pryce - detaining is an active concept meaning to keep in confinement or custody, contrasted to the passive concept of harbouring.

WITHOUT THEIR CONSENT
Cox - consent must be full, voluntary, free and informed … freey and voluntarily given by a person in a position to form a rational judgment.

WITH CONSENT OBTAINED BY DURESS
The critical question in relation to duress is whether the threats, pressure or coercion are such that they destroy the reality of consent and overbear the will of the individual.

INTENT
Must have an intention to commit the act and an intention to get a specific result.

Result means “aim, object, or purpose”. Simester and Brookbanks

Collister - circumstantial evidence from which an offender’s intent may be inferred can include:

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

Mohi - offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent.

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11
Q

ABDUCTION

cause marriage/civil union or sex with other

A

Crimes Act 1961, Section 208(c)

  • Unlawfully
  • Takes away OR Detains
  • A Person
  • Without their consent OR with consent obtained by fraud or duress
  • With intent to cause the person to go through a form of marriage or civil union, or to have sexual connection, with some other person

UNLAWFULLY
Without lawful justification or excuse.

TAKES AWAY or DETAINS
Crossan - taking away and detaining are separate and distinct offences.

Taking away
Wellard - the deprivation of liberty coupled with a carrying away from the place where the victim wants to be.

Detains
Pryce - detaining is an active concept meaning to keep in confinement or custody, contrasted to the passive concept of harbouring.

WITHOUT THEIR CONSENT
Cox - consent must be full, voluntary, free and informed … freey and voluntarily given by a person in a position to form a rational judgment.

WITH CONSENT OBTAINED BY DURESS
The critical question in relation to duress is whether the threats, pressure or coercion are such that they destroy the reality of consent and overbear the will of the individual.

INTENT
Must have an intention to commit the act and an intention to get a specific result.

Result means “aim, object, or purpose”. Simester and Brookbanks

Collister - circumstantial evidence from which an offender’s intent may be inferred can include:

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

Mohi - offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent.

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12
Q

KIDNAPPING

ransom or service

A

Crimes Act 1961, Section 209(a)

  • Unlawfully
  • Takes away OR Detains
  • A person
  • Without their consent OR with consent obtained by fraud or duress
  • With intent to hold him or her for ransom or to service

UNLAWFULLY
Without lawful justification or excuse.

TAKES AWAY or DETAINS
Crossan - taking away and detaining are separate and distinct offences.

Taking away
Wellard - the deprivation of liberty coupled with a carrying away from the place where the victim wants to be.

Detains
Pryce - detaining is an active concept meaning to keep in confinement or custody, contrasted to the passive concept of harbouring.

WITHOUT THEIR CONSENT
Cox - consent must be full, voluntary, free and informed … freey and voluntarily given by a person in a position to form a rational judgment.

WITH CONSENT OBTAINED BY DURESS
The critical question in relation to duress is whether the threats, pressure or coercion are such that they destroy the reality of consent and overbear the will of the individual.

INTENT
Must have an intention to commit the act and an intention to get a specific result.

Result means “aim, object, or purpose”. Simester and Brookbanks

Collister - circumstantial evidence from which an offender’s intent may be inferred can include:

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

Mohi - offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent.

HOLD HIM OR HER FOR RANSOM
A ransom is a sum of money demanded or paid for the release of a person being held captive.

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13
Q

KIDNAPPING

confined or imprisoned

A

Crimes Act 1961, Section 209(b)

  • Unlawfully
  • Takes away OR Detains
  • A Person
  • Without their consent OR with consent obtained by fraud or duress
  • With intent to cause him or her to be confined OR imprisoned

UNLAWFULLY
Without lawful justification or excuse.

TAKES AWAY or DETAINS
Crossan - taking away and detaining are separate and distinct offences.

Taking away
Wellard - the deprivation of liberty coupled with a carrying away from the place where the victim wants to be.

Detains
Pryce - detaining is an active concept meaning to keep in confinement or custody, contrasted to the passive concept of harbouring.

WITHOUT THEIR CONSENT
Cox - consent must be full, voluntary, free and informed … freey and voluntarily given by a person in a position to form a rational judgment.

WITH CONSENT OBTAINED BY DURESS
The critical question in relation to duress is whether the threats, pressure or coercion are such that they destroy the reality of consent and overbear the will of the individual.

INTENT
Must have an intention to commit the act and an intention to get a specific result.

Result means “aim, object, or purpose”. Simester and Brookbanks

Collister - circumstantial evidence from which an offender’s intent may be inferred can include:

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

Mohi - offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent.

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14
Q

KIDNAPPING

sent/taken out of NZ

A

Crimes Act 1961, Section 209(c)

  • Unlawfully
  • Takes away OR Detains
  • A Person
  • Without their consent OR with consent obtained by fraud or duress
  • With intent to cause him or her to be sent or taken out of New Zealand

UNLAWFULLY
Without lawful justification or excuse.

TAKES AWAY or DETAINS
Crossan - taking away and detaining are separate and distinct offences.

Taking away
Wellard - the deprivation of liberty coupled with a carrying away from the place where the victim wants to be.

Detains
Pryce - detaining is an active concept meaning to keep in confinement or custody, contrasted to the passive concept of harbouring.

WITHOUT THEIR CONSENT
Cox - consent must be full, voluntary, free and informed … freey and voluntarily given by a person in a position to form a rational judgment.

WITH CONSENT OBTAINED BY DURESS
The critical question in relation to duress is whether the threats, pressure or coercion are such that they destroy the reality of consent and overbear the will of the individual.

INTENT
Must have an intention to commit the act and an intention to get a specific result.

Result means “aim, object, or purpose”. Simester and Brookbanks

Collister - circumstantial evidence from which an offender’s intent may be inferred can include:

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

Mohi - offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent.

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15
Q

ARSON

danger to life

A

Crimes Act 1961, Section 267(1)(a)

  • Intentionally OR Recklessly
  • Damages by fire OR damages by means of any explosive
  • Any property
  • If he or she knows or ought to know that danger to life is likely to ensue

INTENT
In criminal law context there are two specific types of intetion in an offence. There must be an intention:
- to commit the act, and
- the get a specific result.

In this context, result means “aim, object, or purpose”. Simester and Brookbanks.

Collister - circumstantial evidence from which an offender’s intent may be inferred can include:

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

RECKLESSNESS
Cameron - recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.

Tipple - recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires a deliberate decision to run the risk.

DAMAGES BY FIRE
Damage
Archer - property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impariment of its use or value.

Fire
Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.

Explosive
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect.

PROPERTY
Includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.

KNOWS OR OUGHT TO KNOW
The first question (subjective test) is: what was the defendant thinking at the time?
The next question (object test) is: what would a reasonable person have throught in the same circumstances?

Knowing means knowing or correctly believing. The defendant may believe something wrongly, but cannot know something that is false. Simester and Brookbanks.

DANGER TO LIFE
Must be to the life of someone other than the defendant.

LIKELY TO ENSUE
The defendant merely has to know that there is a chance, or a risk, of danger to life.

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16
Q

ARSON

no interest

A

Crimes Act 1961, Section 267(1)(b)

  • Intentionally OR Recklessly
  • Without claim of right
  • Damages by fire OR damages by means of any explosive
  • Any immovable property OR vehicle OR ship OR aircraft
  • In which that person has no interest

INTENT
In criminal law context there are two specific types of intetion in an offence. There must be an intention:
- to commit the act, and
- the get a specific result.

In this context, result means “aim, object, or purpose”. Simester and Brookbanks.

Collister - circumstantial evidence from which an offender’s intent may be inferred can include:

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

RECKLESSNESS
Cameron - recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.

Tipple - recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires a deliberate decision to run the risk.

CLAIM OF RIGHT
In relation to any act, means a belief at the time of the act 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.

DAMAGES BY FIRE
Damage
Archer - property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impariment of its use or value.

Fire
Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.

Explosive
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect.

PROPERTY
Includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.

VEHICLE
A contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.

SHIP
Every description of vessel used in navigation, however propelled, and includes any barge, lighter, dinghy, raft, or like vessel.

AIRCRAFT
Any machine that can derive support in the atmosphere from the reactions of the air.

17
Q

ARSON

obtain benefit or cause loss

A

Crimes Act 1961, Section 267(1)(c)

  • Intentionally
  • Damages by fire OR damages by means of any explosive
  • Any immovable property OR vehicle OR ship OR aircraft
  • With intent to obtain any benefit OR cause loss to any other person

INTENT
In criminal law context there are two specific types of intetion in an offence. There must be an intention:
- to commit the act, and
- the get a specific result.

In this context, result means “aim, object, or purpose”. Simester and Brookbanks.

Collister - circumstantial evidence from which an offender’s intent may be inferred can include:

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

DAMAGES BY FIRE
Damage
Archer - property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impariment of its use or value.

Fire
Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.

Explosive
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect.

PROPERTY
Includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.

VEHICLE
A contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.

SHIP
Every description of vessel used in navigation, however propelled, and includes any barge, lighter, dinghy, raft, or like vessel.

AIRCRAFT
Any machine that can derive support in the atmosphere from the reactions of the air.

OBTAIN
In relation to any person, means obtain or retain for himself or herself or for any other person.

CAUSE LOSS
Morley - loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.

18
Q

DEALING WITH CONTROLLED DRUGS

import/export

A

Misuse of Drugs Act 1975, Section 6(1)(a)

  • Import into OR export from New Zealand
  • any controlled drug

IMPORTS
Saxton - to import includes to introduce or bring in from abroad or to cause to to be brought in from a foreign country.

Hancox - importation involves active conduct. It does not cease as the aircraft or vessel enters New Zealand territorial limits. The process exists from the time the goods enter New Zealand until they reach their immediate destination.

Guilty knowledge
Must prove the defendant:
- knew about the importation, or was wilfully blind, and
- knew the imported substance was a controlled drug (or was reckless), and
- intended to cause the importation.

Recklessness
Cameron - recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.

CONTROLLED DRUG
Any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3; and includes any temporary class drug and any controlled drug analogue.
CLASS A CONTROLLED DRUG
Class A controlled drug means the controlled drugs specified or described in Schedule 1 to this Act.
- cocaine;
- heroin;
- lysergic acid (LSD);
- methamphetamine;
- psilocybine (magic mushrooms)

CLASS B CONTROLLED DRUG
Class B controlled drug means the controlled drugs specified or described in Schedule 2 to this Act.
- amphetamine;
- cannabis preparations such as cannabis resin and cannabis oil;
- MDMA (ecstasy);
- moprhine;
- opium

CLASS C CONTROLLED DRUG
Class C controlled drug means the controlled drugs specified or described in Schedule 3 to this Act; and includes any controlled drug analogue.
- cannabis fruit, cannabis plant, cannabis seed;
- BZP
- codeine

Guilty knowledge
Know that it is an offence
Know that the substance is a controlled drug
Intent to commit the offence

Strawbridge - it is not necessary for the Crown to establish knowledge on the part of the accused. In the absense of evidence to the contrary knowledge on her part will be presumed.

Usable quantity
Emerali - the serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.

19
Q

DEALING WITH CONTROLLED DRUGS

produce/manufacture

A

Misuse of Drugs Act 1975, Section 6(1)(b)

  • Produce OR manufacture
  • any controlled drug

PRODUCING AND MANUFACTURING
Rua - the words “produce” or “manufacture” in s6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.

Producing
To produce means to bring something into being, or to bring something into existence from its raw materials or elements. The term is further defined in legislation as including “compound”.

Manufacturing
Manufacturing is the process of synthesis; combining components or processing raw materials to create a new substance.

CONTROLLED DRUG
Any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3; and includes any temporary class drug and any controlled drug analogue.
CLASS A CONTROLLED DRUG
Class A controlled drug means the controlled drugs specified or described in Schedule 1 to this Act.
- cocaine;
- heroin;
- lysergic acid (LSD);
- methamphetamine;
- psilocybine (magic mushrooms)

CLASS B CONTROLLED DRUG
Class B controlled drug means the controlled drugs specified or described in Schedule 2 to this Act.
- amphetamine;
- cannabis preparations such as cannabis resin and cannabis oil;
- MDMA (ecstasy);
- moprhine;
- opium

CLASS C CONTROLLED DRUG
Class C controlled drug means the controlled drugs specified or described in Schedule 3 to this Act; and includes any controlled drug analogue.
- cannabis fruit, cannabis plant, cannabis seed;
- BZP
- codeine

Guilty knowledge
Know that it is an offence
Know that the substance is a controlled drug
Intent to commit the offence

Strawbridge - it is not necessary for the Crown to establish knowledge on the part of the accused. In the absense of evidence to the contrary knowledge on her part will be presumed.

Usable quantity
Emerali - the serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.

20
Q 
DEALING WITH CONTROLLED DRUGS
(supplying class A or class B)
A

Misuse of Drugs Act 1975, Section 6(1)(c)

  • Supply OR administer, OR offer to supply OR administer, OR otherwise deal in
  • any Class A controlled drug OR Class B controlled drug
  • to any other person

SUPPLY
To suppy means to furnish or provide something that is needed or desired. It includes distribute, give, and sell.

ADMINISTER
Distinguished from supply in that it involves introducing a drug directly into another person’s system.

OFFER
Must prove two elements:
- communcating of an offer to supply or administer a controlled drug (actus reus)
- intention that the other person believes the offer to be genuine (mens rea)

During - an intimation by the person charged to another that he is ready on request to supply to that other, drugs of a kind prohibited by the statute.

Brown - the making of such an intimation, with the intent that it should be understood as a genuine offer, is an offence.

  • offers to supply a drug that he has on hand
  • offers to supply a drug that will be procured at some future date
  • offers to supply a drug that he mistakenly believes he can supply
  • offers to supply a drug deceitfully, knowing he will not supply that drug.
CLASS A CONTROLLED DRUG
Class A controlled drug means the controlled drugs specified or described in Schedule 1 to this Act.
- cocaine;
- heroin;
- lysergic acid (LSD);
- methamphetamine;
- psilocybine (magic mushrooms)

CLASS B CONTROLLED DRUG
Class B controlled drug means the controlled drugs specified or described in Schedule 2 to this Act.
- amphetamine;
- cannabis preparations such as cannabis resin and cannabis oil;
- MDMA (ecstasy);
- moprhine;
- opium

Guilty knowledge
Know that it is an offence
Know that the substance is a controlled drug
Intent to commit the offence

Strawbridge - it is not necessary for the Crown to establish knowledge on the part of the accused. In the absense of evidence to the contrary knowledge on her part will be presumed.

Usable quantity
Emerali - the serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.

21
Q 
DEALING WITH CONTROLLED DRUGS
(supplying class C to under 18)
A

Misuse of Drugs Act 1975, Section 6(1)(d)

  • Supply OR administer, OR offer to supply OR offer to administer,
  • any Class C controlled drug
  • to a person under 18 years of age

SUPPLY
To suppy means to furnish or provide something that is needed or desired. It includes distribute, give, and sell.

ADMINISTER
Distinguished from supply in that it involves introducing a drug directly into another person’s system.

OFFER
Must prove two elements:
- communcating of an offer to supply or administer a controlled drug (actus reus)
- intention that the other person believes the offer to be genuine (mens rea)

During - an intimation by the person charged to another that he is ready on request to supply to that other, drugs of a kind prohibited by the statute.

Brown - the making of such an intimation, with the intent that it should be understood as a genuine offer, is an offence.

  • offers to supply a drug that he has on hand
  • offers to supply a drug that will be procured at some future date
  • offers to supply a drug that he mistakenly believes he can supply
  • offers to supply a drug deceitfully, knowing he will not supply that drug.

CLASS C CONTROLLED DRUG
Class C controlled drug means the controlled drugs specified or described in Schedule 3 to this Act; and includes any controlled drug analogue.
- cannabis fruit, cannabis plant, cannabis seed;
- BZP
- codeine

Guilty knowledge
Know that it is an offence
Know that the substance is a controlled drug
Intent to commit the offence

Strawbridge - it is not necessary for the Crown to establish knowledge on the part of the accused. In the absense of evidence to the contrary knowledge on her part will be presumed.

Usable quantity
Emerali - the serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.

PERSON UNDER 18 YEARS OF AGE
Proof of age
Forrest and Forrest - the best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.

22
Q

DEALING WITH CONTROLLED DRUGS

sell/offer to sell to over 18

A

Misuse of Drugs Act 1975, Section 6(1)(e)

  • Sell, OR offer to sell
  • any Class C controlled drug
  • to a person of or over 18 years of age

SELL
For the purposes of paragraph (e) of subsection (1), if it is proved that a person has supplied a controlled drug to another person he shall until the contrary is proved be deemed to have sold that controlled drug to that other person.

OFFER
Must prove two elements:
- communcating of an offer to supply or administer a controlled drug (actus reus)
- intention that the other person believes the offer to be genuine (mens rea)

During - an intimation by the person charged to another that he is ready on request to supply to that other, drugs of a kind prohibited by the statute.

Brown - the making of such an intimation, with the intent that it should be understood as a genuine offer, is an offence.

  • offers to supply a drug that he has on hand
  • offers to supply a drug that will be procured at some future date
  • offers to supply a drug that he mistakenly believes he can supply
  • offers to supply a drug deceitfully, knowing he will not supply that drug.

CLASS C CONTROLLED DRUG
Class C controlled drug means the controlled drugs specified or described in Schedule 3 to this Act; and includes any controlled drug analogue.
- cannabis fruit, cannabis plant, cannabis seed;
- BZP
- codeine

Guilty knowledge
Know that it is an offence
Know that the substance is a controlled drug
Intent to commit the offence

Strawbridge - it is not necessary for the Crown to establish knowledge on the part of the accused. In the absense of evidence to the contrary knowledge on her part will be presumed.

Usable quantity
Emerali - the serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.

PERSON OF OR OVER 18 YEARS OF AGE
Proof of age
Forrest and Forrest - the best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.

23
Q

DEALING WITH CONTROLLED DRUGS

possession for supply

A

Misuse of Drugs Act 1975, Section 6(1)(f)

  • Have in his possession
  • any controlled drug
  • for any of the purposes set out in paragraphs (c), (d), or (e) of section 6(1) MODA75

HAVE IN HIS POSSESSION
Cox - possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, the mental element, is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession; and an intention to exercise possession.

It will be necessary to prove that the defendant had:

  • knowledge that the drug exists
  • knowledge that it is a controlled drug
  • some degree of control over it
  • an intention to possess it.
CONTROLLED DRUG
Any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3; and includes any temporary class drug and any controlled drug analogue.
CLASS A CONTROLLED DRUG
Class A controlled drug means the controlled drugs specified or described in Schedule 1 to this Act.
- cocaine;
- heroin;
- lysergic acid (LSD);
- methamphetamine;
- psilocybine (magic mushrooms)

CLASS B CONTROLLED DRUG
Class B controlled drug means the controlled drugs specified or described in Schedule 2 to this Act.
- amphetamine;
- cannabis preparations such as cannabis resin and cannabis oil;
- MDMA (ecstasy);
- moprhine;
- opium

CLASS C CONTROLLED DRUG
Class C controlled drug means the controlled drugs specified or described in Schedule 3 to this Act; and includes any controlled drug analogue.
- cannabis fruit, cannabis plant, cannabis seed;
- BZP
- codeine

Guilty knowledge
Know that it is an offence
Know that the substance is a controlled drug
Intent to commit the offence

Strawbridge - it is not necessary for the Crown to establish knowledge on the part of the accused. In the absense of evidence to the contrary knowledge on her part will be presumed.

Usable quantity
Emerali - the serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.

FOR THE PURPOSE OF SUPPLY
Intent
Firstly there must be an intention to commit the act and secondly, and intention to get a specific result.

Deliberate act: the act or omission must be done deliberately.

Intent to produce a specific result: in this context result means “aim, object, or purpose”. Simester and Brookbanks.

Collister - circumstantial evidence from which an offender’s intent may be inferred can include:
- offender’s actions and words before, during and after the event
- surrounding circumstaces
- nature of the act itself.
In drugs cases additional evidence of intent may be inferred from:
- admissions
- circumstantial evidence (packaging, scales, cash, tick lists etc)
- the statutory presumtion under section 6(6).

24
Q

WOUNDING WITH INTENT (to cause GBH)

A

Crimes Act 1961, Section 188(1)

  • With intent to cause grievous bodily harm
  • To any person
  • Wounds OR maims OR disfigures OR causes grievous bodily harm
  • To any person

INTENT
There are two specific types of intention in an offence. There must be an intention:
- to commit the act, and
- to get a specific result.
In this context result means “aim, object, or purpose”. Simester and Brookbanks.

Collister - circumstantial evidence from which an offender’s intent may be inferred can include:

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

Taisalika - the nature of the blow and the gash which it produced point strongly to the presence of the necessary intent.

BODILY HARM
McArthur - bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but must be more than transitory and trifling.

GRIEVOUS BODILY HARM
Smith - bodily harm needs no explanation and grievous means no more and no less than really serious.

WOUNDS
Waters - a wound is a breaking of the skin evidence by the flow of blood. May be internal or external.

DISFIGURES
Rapana and Murray - disfigure covers not only permanent damage but also temporary damage.

25
Q

WOUNDING WITH INTENT (to injure)

A

Crimes Act 1961, Section 188(2)

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

INTENT
There are two specific types of intention in an offence. There must be an intention:
- to commit the act, and
- to get a specific result.
In this context result means “aim, object, or purpose”. Simester and Brookbanks.

Collister - circumstantial evidence from which an offender’s intent may be inferred can include:

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

Taisalika - the nature of the blow and the gash which it produced point strongly to the presence of the necessary intent.

BODILY HARM
McArthur - bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but must be more than transitory and trifling.

WITH RECKLESS DISREGARD FOR THE SAFETY OF OTHERS
Cameron - recklesness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or or actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.

Tipple - recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires a deliberate decision to run the risk.

GRIEVOUS BODILY HARM
Smith - bodily harm needs no explanation and grievous means no more and no less than really serious.

WOUNDS
Waters - a wound is a breaking of the skin evidence by the flow of blood. May be internal or external.

DISFIGURES
Rapana and Murray - disfigure covers not only permanent damage but also temporary damage.

26
Q

INJURING WITH INTENT (to cause GBH)

A

Crimes Act 1961, Section 189(1)

  • With intent to cause grievous bodily harm
  • To any person
  • Injures
  • Any person
27
Q

INJURING WITH INTENT (to injure)

A

Crimes Act 1961, Section 189(2)

  • With intent to injure any person OR with reckless disregard for the safety of others
  • Injures
  • Any person
28
Q

AGGRAVATED WOUNDING

A

Crimes Act 1961, Section 191(1)

  • With intent:
    a) To commit or facilitate the commission of any imprisonable offence; OR
    b) To avoid the detection of himself or of any other person in the commission of any imprisonable offence; OR
    c) To avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence
  • wounds, OR maims OR disfigures OR causes grievous bodily harm to any person, OR stupefies OR renders unconscious any person, OR by any violent means renders any person incapable of resistance

INTENT
Tihi - in addition to one of the specific intents outlined in paragraphs (a) - (c) it must be shown that the offender meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it.

FACILITATE THE COMMISSION OF ANY IMPRISONABLE OFFENCE
Sturm - under section 191(1)(a) it is not necessary for the prosecution to prove the intended crime was actually subsequently committed.

AVOID THE ARREST OR FACILITATE THE FLIGHT
Wati - there must be proof of the commission or attempted commission of a crime either by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate.

BODILY HARM
McArthur - bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but must be more than transitory and trifling.

GRIEVOUS BODILY HARM
Smith - bodily harm needs no explanation and grievous means no more and no less than really serious.

WOUNDS
Waters - a wound is a breaking of the skin evidence by the flow of blood. May be internal or external.

DISFIGURES
Rapana and Murray - disfigure covers not only permanent damage but also temporary damage.

STUPEFIES
Sturm - 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.

BY ANY VIOLENT MEANS RENDERS ANY PERSON INCAPABLE OF RESISTANCE
Crossan - incapable of resistance includes a powerlessness of the will as well as a physical incapacity.

29
Q

SEXUAL VIOLATION BY RAPE

A

Crimes Act 1961, Section 128(1)(a)

  • A person
  • Rapes
  • Another person

RAPES
Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis,—
(a) without person B’s consent to the connection; and
(b) without believing on reasonable grounds that person B consents to the connection.

Sexual connection
sexual connection means—
(a) connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of—
(i) a part of the body of another person; or
(ii) an object held or manipulated by another person; or
(b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus; or
(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b).

For the purposes of paragraph (a) of the definition in subsection (1) of sexual connection, penetration to the slightest degree is enough to effect a connection.

Proof of penetration may be established by:

  • the complainant’s evidence
  • medical examination, including physical injuries and DNA evidence
  • the defendant’s admissions.

Penis
Includes a surgically constructed or reconstructed organ analogous to a naturally occurring penis (whether the person concerned is male, female, or of indeterminate sex)

Genitalia
Includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is male, female, or of indeterminate sex)

Koroheke - the genitalia comprise the reproduction organs, interor and exterior … they include the vulva and the labia, both interior and exterior, at the opening of the vagina.

CONSENT
Cox - consent must be full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgment.

The Crown must prove beyond reasonable doubt that:

  • there was an intentional act by the offender involving sexual connection with the complainant, and
  • the complainant did not consent to the sexual act (subjective test), and
  • the offender did not believe the complainant was consenting (subjective test), or
  • if he did believe she was consenting, the grounds for such a belief were not reasonable (objective test).

Objective test - reasonable grounds for belief in consent
Gutuama - under the objective test the Crown must prove that no reasonable person in the accused’s shoes could have thought that the complainant was consenting.

Matters not constituting consent
Lack of protest or resistance
A lack of protest or resistance does not mean a person is consenting.

Force, threat or fear of force
Koroheke - it is important to distinguish between consent that is freely given and submission by a woman to what she may regard as unwanted but unavoidable. For example, submission by a woman because she is frightened of what might happen if she does not give in or co-operate, is not true consent.

Asleep or unconscious
Sexual activity while the complainant is asleep or unconscious is non-consensual.

Affected by alcohol or drugs
The influence of alcohol and drugs may have an impact on a person’s ability to give valid consent, however consent is not invalid simply because the person is intoxicated. The question is whether they were affected to such an extent that they were incapable of understanding the situation and giving rational or reasoned consent.

Intellectual, mental or physical impairment

Mistake as to identity
If a complainant consents to sexual activity with a person, believing they are actually someone else, then such consent is not valid.

Mistake as to nature and quality of act

30
Q

SEXUAL VIOLATION BY UNLAWFUL SEXUAL CONNECTION

A

Crimes Act 1961, Section 128(1)(b)

  • A person
  • Has unlawful sexual connection
  • With another person

UNLAWFUL SEXUAL CONNECTION
Person A has unlawful sexual connection with person B if person A has sexual connection with person B—
(a) without person B’s consent to the connection; and
(b) without believing on reasonable grounds that person B consents to the connection.

Sexual connection
sexual connection means—
(a) connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of—
(i) a part of the body of another person; or
(ii) an object held or manipulated by another person; or
(b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus; or
(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b)

For the purposes of paragraph (a) of the definition in subsection (1) of sexual connection, introduction to the slightest degree is enough to effect a connection.

Proof of introduction may be established by:

  • the complainant’s evidence
  • medical examination, including physical injuries and DNA evidence
  • the defendant’s admissions.

Genitalia
Includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is male, female, or of indeterminate sex)

Koroheke - the genitalia comprise the reproduction organs, interor and exterior … they include the vulva and the labia, both interior and exterior, at the opening of the vagina.

CONSENT
Cox - consent must be full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgment.

The Crown must prove beyond reasonable doubt that:

  • there was an intentional act by the offender involving sexual connection with the complainant, and
  • the complainant did not consent to the sexual act (subjective test), and
  • the offender did not believe the complainant was consenting (subjective test), or
  • if he did believe she was consenting, the grounds for such a belief were not reasonable (objective test).

Objective test - reasonable grounds for belief in consent
Gutuama - under the objective test the Crown must prove that no reasonable person in the accused’s shoes could have thought that the complainant was consenting.

Matters not constituting consent
Lack of protest or resistance
A lack of protest or resistance does not mean a person is consenting.

Force, threat or fear of force
Koroheke - it is important to distinguish between consent that is freely given and submission by a woman to what she may regard as unwanted but unavoidable. For example, submission by a woman because she is frightened of what might happen if she does not give in or co-operate, is not true consent.

Asleep or unconscious
Sexual activity while the complainant is asleep or unconscious is non-consensual.

Affected by alcohol or drugs
The influence of alcohol and drugs may have an impact on a person’s ability to give valid consent, however consent is not invalid simply because the person is intoxicated. The question is whether they were affected to such an extent that they were incapable of understanding the situation and giving rational or reasoned consent.

Intellectual, mental or physical impairment

Mistake as to identity
If a complainant consents to sexual activity with a person, believing they are actually someone else, then such consent is not valid.

Mistake as to nature and quality of act

31
Q

ASSAULT WITH INTENT TO COMMIT SEXUAL VIOLATION

A

Crimes Act 1961, Section 129(2)

  • A person
  • Assaults
  • Another person
  • With intent to commit sexual violation of the other person

ASSAULTS
The act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he or she has, present ability to effect his or her purpose.

WITH INTENT TO COMMIT SEXUAL VIOLATION
The Crown must prove beyond reasonable doubt that:
- there was an intentional act by the offender to have sexual connection with the complainant, and
- the complainant did not consent to the sexual act (subjective test), and
- the offender did not believe the complainant was consenting (subjective test), or
- if he did believe she was consenting, the grounds for such a belief were not reasonable (objective test).

Sexual violation
Is the act of a person who—
(a) rapes another person; or
(b) has unlawful sexual connection with another person.

Rapes
Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis,—
(a) without person B’s consent to the connection; and
(b) without believing on reasonable grounds that person B consents to the connection.

Unlawful sexual connection
Person A has unlawful sexual connection with person B if person A has sexual connection with person B—
(a) without person B’s consent to the connection; and
(b) without believing on reasonable grounds that person B consents to the connection.

Sexual connection
sexual connection means—
(a) connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of—
(i) a part of the body of another person; or
(ii) an object held or manipulated by another person; or
(b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus; or
(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b).

CONSENT
Cox - consent must be full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgment.

The Crown must prove beyond reasonable doubt that:

  • there was an intentional act by the offender involving sexual connection with the complainant, and
  • the complainant did not consent to the sexual act (subjective test), and
  • the offender did not believe the complainant was consenting (subjective test), or
  • if he did believe she was consenting, the grounds for such a belief were not reasonable (objective test).

Objective test - reasonable grounds for belief in consent
Gutuama - under the objective test the Crown must prove that no reasonable person in the accused’s shoes could have thought that the complainant was consenting.

32
Q

SEXUAL CONDUCT WITH A CHILD UNDER 12

A

Crimes Act 1961, Section 132

  • A person
    (1) Has sexual connection with
    (2) Attempts to have sexual connection with
    (3) Does an indecent act on
  • A child

SEXUAL CONNECTION
sexual connection means—
(a) connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of—
(i) a part of the body of another person; or
(ii) an object held or manipulated by another person; or
(b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus; or
(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b)

For the purposes of paragraph (a) of the definition in subsection (1) of sexual connection, introduction to the slightest degree is enough to effect a connection.

Proof of penetration may be established by:

  • the complainant’s evidence
  • medical examination, including physical injuries and DNA evidence
  • the defendant’s admissions.

Penis
Includes a surgically constructed or reconstructed organ analogous to a naturally occurring penis (whether the person concerned is male, female, or of indeterminate sex)

Genitalia
Includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is male, female, or of indeterminate sex)

Koroheke - the genitalia comprise the reproduction organs, interor and exterior … they include the vulva and the labia, both interior and exterior, at the opening of the vagina.

Consent of a child
Cox - although we do not exclude the possibility that a child of ten or eleven may be able to give a full, voluntary, free and informed consent to sexual intercourse, the circumstances that would justify that conclusion would be exceptional if not rare. A ten or eleven year old child may know what sexual intercourse is. She may indicate her agreement.

Cox - save in exceptional and rare circumstances, even where she indicates an agreement to the act occurring … no reasonable adult would have grounds for believing that a ten or eleven year old girl has the experience or maturity to understand the nature and significance of the act.

INDECENT ACT
Court - indecency means conduct that right-thinking people will consider an affront to the sexual modesty of the complainant.

CHILD
A child means a person under the age of 12 years.

Forrest and Forrest - the best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.

33
Q

SEXUAL CONDUCT WITH A YOUNG PERSON UNDER 16

A

Crimes Act 1961, Section 134

  • A person
    (1) Has sexual connection with
    (2) Attempts to have sexual connection with
    (3) Does an indecent act on
  • A young person

SEXUAL CONNECTION
sexual connection means—
(a) connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of—
(i) a part of the body of another person; or
(ii) an object held or manipulated by another person; or
(b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus; or
(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b)

For the purposes of paragraph (a) of the definition in subsection (1) of sexual connection, introduction to the slightest degree is enough to effect a connection.

Proof of penetration may be established by:

  • the complainant’s evidence
  • medical examination, including physical injuries and DNA evidence
  • the defendant’s admissions.

Penis
Includes a surgically constructed or reconstructed organ analogous to a naturally occurring penis (whether the person concerned is male, female, or of indeterminate sex)

Genitalia
Includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is male, female, or of indeterminate sex)

Koroheke - the genitalia comprise the reproduction organs, interor and exterior … they include the vulva and the labia, both interior and exterior, at the opening of the vagina.

INDECENT ACT
Court - indecency means conduct that right-thinking people will consider an affront to the sexual modesty of the complainant.

YOUNG PERSON
Young person means a person under the age of 16 years.

Forrest and Forrest - the best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.

34
Q

INDECENT ASSAULT

A

Crimes Act 1961, Section 135

  • A person
  • Indecently assaults
  • Another person

INDECENT ASSAULT
The definition of indecent assault is an assault accompanied with circumstances of indecency.

In these cases the prosecution must prove that:

  • the defendant intentionally assaulted the complainant
  • the circumstances accompanying the assault were indecent
  • the defendant intended the conduct that a reasonable person would find indecent.

Consent
The prosecution must prove beyond reasonable doubt:
- the complainant did not consent to the assault, and
- the defendant did not honestly believe the complainant was consenting.

35
Q

DISHONESTLY TAKING OR USING A DOCUMENT

taking

A

Crimes Act 1961, Section 228(1)(a)

  • Dishonestly
  • without claim of right
  • takes OR obtains
  • any document
  • with intent to obtain any property OR service OR pecuniary advantage OR valuable consideration
36
Q

DISHONESTLY TAKING OR USING A DOCUMENT

uses

A

Crimes Act 1961, Section 228(1)(b)

  • Dishonestly
  • without claim of right
  • uses OR attempts to use
  • any document
  • with intent to obtain any property OR service OR pecuniary advantage OR valuable consideration
37
Q

OBTAINING BY DECEPTION OR CAUSING LOSS BY DECEPTION

obtain property

A

Crimes Act 1961, Section 240(1)(a)

  • By any deception
  • without claim of right
  • obtains ownership OR possession of OR control over
  • any property OR any privilege OR service OR pecuniary advantage OR benefit OR valuable consideration
  • direcly OR indirectly
38
Q

OBTAINING BY DECEPTION OR CAUSING LOSS BY DECEPTION

obtains credit

A

Crimes Act 1961, Section 240(1)(b)

  • By any deception
  • without claim of right
  • in incurring any debt OR liabiilty
  • obtains credit
39
Q

OBTAINING BY DECEPTION OR CAUSING LOSS BY DECEPTION

causes loss

A

Crimes Act 1961, Section 240(1)(d)

  • By any deception
  • without claim of right
  • causes loss to any other person

DDC (24 decks)

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