Definitions

Question 1

*Intent (ref: TAISALIKA)

Answer 1

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

Question 2

*Maiming

Answer 2

Mutilating, crippling or disabling a part of the body, depriving person use of a limb or senses

Question 3

*Disfiguring (ref: RAPANA MURRAY)

Answer 3

Deform, deface, alter appearance of a person, temp or perm

Question 4

*Injure (ref: DONOVAN)

Answer 4

Actual bodily harm

Question 5

Reckless

Answer 5

Conscious and deliberate taking of unjustified risk

Question 6

Person

Answer 6

Proven by judicial notice or circumstantial evidence

Question 7

*Intent s191

Answer 7

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

Question 8

Property

Answer 8

Any real or personal property, cN incl interest in, money, debt etc.

Question 9

Constable

Answer 9

Anyone holding the office of constable including any constable who holds a position in the NZ police

Question 10

Military style semi automatic firearm (MSSA) other than pistol -

Answer 10

1 or more of -
Folding telescopic butt
Magazine holding more than 15 rounds
Detachable magazine
Flash suppressor

Question 11

Pistol

Answer 11

Held and fired with one hand

Less than 762mm length

Question 12

Restricted weapons examples

Answer 12

Grenades
Grenade launchers
Machine guns
Rocket launchers

Question 13

Theft

Answer 13

Dishonestly, without claim of right, intending to deprive the owner of any goods permanently

Question 14

Threat of violence considerations

Answer 14

Relative ages
Respective physiques 
Appearance
Demeanor 
Language and actions

Question 15

Being together with

Answer 15

Means physically present at the robbery, active role with intent

Question 16

Assault

Answer 16

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

Question 17

Obtain

Answer 17

Obtain or retain for themselves or any other person

Question 18

Benefit BPPPSV

Answer 18

Benefit
Property
Privilege 
Pecuniary advantage 
Service 
Valuable consideration

Question 19

Document

Answer 19

A thing that provides evidence or acts as a record

Question 20

Abduction/kidnapping 6 proof steps

Answer 20

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

Question 21

Unlawful JAE

Answer 21

Without jurisidication, authority or excuse

Question 22

*Migrant smuggling vs people trafficking

Answer 22

Migrant smuggling = consent
Trafficking = coerced or deceived, no consent

E.g forced labour, sexual exploitation

Question 23

*People trafficking 3 approaches

Answer 23

Reactive - victim lead
Proactive - police lead against traffickers
Disruptive - immediate due to safety

Question 24

**Doctrine of transferred malice

Answer 24

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

Question 25

**Accusation

Answer 25

Allegation that a person is guilty of criminal offending, irrelevant of true or false

Question 26

*Blackmail defence

Answer 26

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.

Question 27

*198a using a firearm trespass negating:

Answer 27

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.

Question 28

**Stupifies (R V STURM)

Answer 28

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

Question 29

**GBH immediate harm

Answer 29

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.

Question 30

*Claim of right

Answer 30

A belief in the proprietary or possessory right to the property in relation to the offence that has been committed

Question 31

*Kidnapping young person 210(2) 4 steps

Answer 31

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

Question 32

*Grievous bodily harm

Answer 32

Really serious harm

Question 33

Offensive weapon

Answer 33

Made or altered to cause bodily injury