Definitions Flashcards
*Intent (ref: TAISALIKA)
Two types - commit the act and get a specific result
Proven through actions, words, circumstances, threats, weapons, force used, number of blows, body part hit, resistance from victim, premeditation
*Maiming
Mutilating, crippling or disabling a part of the body, depriving person use of a limb or senses
*Disfiguring (ref: RAPANA MURRAY)
Deform, deface, alter appearance of a person, temp or perm
*Injure (ref: DONOVAN)
Actual bodily harm
Reckless
Conscious and deliberate taking of unjustified risk
Person
Proven by judicial notice or circumstantial evidence
*Intent s191
2 fold test
- intended to facilitate commission of offence
- intended to cause harm or reckless as to the fact, knew it could happen but proceeds anyway
Property
Any real or personal property, cN incl interest in, money, debt etc.
Constable
Anyone holding the office of constable including any constable who holds a position in the NZ police
Military style semi automatic firearm (MSSA) other than pistol -
1 or more of - Folding telescopic butt Magazine holding more than 15 rounds Detachable magazine Flash suppressor
Pistol
Held and fired with one hand
Less than 762mm length
Restricted weapons examples
Grenades
Grenade launchers
Machine guns
Rocket launchers
Theft
Dishonestly, without claim of right, intending to deprive the owner of any goods permanently
Threat of violence considerations
Relative ages Respective physiques Appearance Demeanor Language and actions
Being together with
Means physically present at the robbery, active role with intent
Assault
Applying force or threatening force to a person, directly or indirectly, causing the other person to believe on reasonable grounds that they can effect their purpose
Obtain
Obtain or retain for themselves or any other person
Benefit BPPPSV
Benefit Property Privilege Pecuniary advantage Service Valuable consideration
Document
A thing that provides evidence or acts as a record
Abduction/kidnapping 6 proof steps
The defendant took away or detained the v
The taking or detention was intentional
The taking or detention was unlawful
The v did not give consent or via fraud/duress
The defendant knew no consent
Defendant intended to
Abduction: marry the v or sv the v or arrange marriage on behalf of the v
Kidnapping: ransom, confine or imprison, sent to or taken from NZ
Unlawful JAE
Without jurisidication, authority or excuse
*Migrant smuggling vs people trafficking
Migrant smuggling = consent
Trafficking = coerced or deceived, no consent
E.g forced labour, sexual exploitation
*People trafficking 3 approaches
Reactive - victim lead
Proactive - police lead against traffickers
Disruptive - immediate due to safety
**Doctrine of transferred malice
Nor necessary that the person who became victim was the intended victim, offender still criminally responsible via intent, R V HUNT stabbing servant instead of property owner in error
**Accusation
Allegation that a person is guilty of criminal offending, irrelevant of true or false
*Blackmail defence
237(2) defence if person believes they were entitled to the benefit or to cause the loss, and the threat was reasonable to obtain benefit or cause loss.
*198a using a firearm trespass negating:
If the officer is trespassing on private land without authority they are not acting in the course of their duty therefore an ingredient is negated.
**Stupifies (R V STURM)
Effect the mind or nervous system of a person, interfering with their mental and physical ability to act in a way that may hinder an intended crime, R V STURM gives person alcohol drugs to enable sv
**GBH immediate harm
Not limited to immediate harm, as per R V MWAI, male infected females with HIV through unprotected s3x, HIV used to cause AIDS the death.
*Claim of right
A belief in the proprietary or possessory right to the property in relation to the offence that has been committed
*Kidnapping young person 210(2) 4 steps
1 defendent recieved the person
2 receiving was intentional
3 defendant knew they had been Unlawfully taken
4 defendant intended to deprive parent etc possession
*Grievous bodily harm
Really serious harm
Offensive weapon
Made or altered to cause bodily injury
