Definitions Flashcards
Maiming
Mutilating, crippling or disabling a part of the body so as to deprive the victim of the use of a limb or of one of the sensors
Disfiguring
To deform or deface; to mar or alter the figure or appearance of a person
Doctrine of transferred malice
It is not necessary that the person suffering the harm was the intended victim.
Where the defendant mistakes the identity of the person injured or where the harm intended for one person accidentally is inflicted on another, he is still criminally liable.
Injury
To cause actual bodily harm
Recklessness
Activity recklessly involves the conscious and deliberate taking of an unjustified risk
Reckless disregard
Well it is necessary to prove that the defendant forsaw the risk of injury to others, it is not necessary that he recognise the extent of the injury that would result
Aggravate
Means to make something worse or more serious
Facilitate
To make possible or to make easy or easier
Stupefy
Cause an effect on the mind or nervous system of a person which really seriously interferes with that persons mental or physical ability to act in any way which may hinder an intended crime
To render
Cause to be or cause to become
To render a person unconscious the offenders actions must cause the victim to lose consciousness
Violent means
Includes the application of force that physically incapacitates a person, such as tying a victims hands and feet or inflicting debilitating injuries
Physical violence may include threats of violence depending on the circumstances
Discharge
To fire or shoot
Firearm and air gun
Firearm acts by force of explosive whereas air gun acts by force of compressed air or gas
Sends or delivers
May include situations where the victim receives a dangerous thing by mail or courier such as in the case of a letter bomb
Injurious substance or device
Covers a range of things capable of causing harm to a person. Eg sending anthrax in the mail
Constable
A police employee who
Holds the officer of Constable and includes a constable who holds any level of position within the NZ police
Acting in the course of their duty
Include protecting life and property
Preventing and detecting crime
Apprehending offenders
Keeping the peace
Has with them
Had an appropriate degree of control over it
The defendant not only has possession in the sense that he or she knowingly had custody or control of the firearm but also that it was at the time, available at hand for them to use while committing the imprisonable offence
Theft
Dishonestly taking it handling or dealing with good acquired in any manner where there is the absence of claim or right
And an intention that the owner if permanently deprived of the relevant ownership interest
Dishonestly
Done without a belief in consent or authority given by a person in a position to provide it
Claim of right
Done without a belief in possessory or proprietary right to the property in relation to which the offence is committed
Using or dealing with property
The defendant acted contrary to any authority or consent given by the owner
Control
Exercise authoritative or dominating influence over it
Ownership
A) possession of the property
B) interest in the property
C) the right to take possession or control of the property
Used to extort the property
Overcome the strength and will of the person in possession of the property
Overbearing of the will of the victim
Used to extort the property
Obtain by violence, coercion or intimidation or to extract forcibly
Prevent
Keep from happening
Overcome
To defeat or prevail over or to get the better of in a conflict
Immediately before or after
Refers to the connection in time between the robbery and the infliction of GBH
Causes
A person causes GBH if his or her actions make them criminally responsible for it
Being together with
The defendant was part of a joint enterprise by two or more persons who were physically present at the robbery
Each must share an intention to steal using their collective force should that be necessary and each must play an active role in the robbery
Physically proximate
Two or more people are actually present and acting together in the commission of the robbery
Being armed with
Carrying an item or has it available for immediate use as a weapon
Instrument
Any item intended to be used as a weapon or to intimidate and overbear the victims will to resist
Assault
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 other person of another
If the person making the threat has or causes the other to believe on reasonable grounds that he or she has the present ability to effect his or her purpose
And to assault has the corresponding meaning
Threatens
Make clear an intention
Communication of the threat
The threat does not need to be received directly by the intended victim provided it is conveyed to that victim.
Accusation
Refers to an allegation that the person is guilty of a criminal offence whether or not formal charges have been filed.
It is immaterial whether the substance of the accusation is true or false.
The accusation does not need to relate to the person from who the demand is made.
Disclosure
Does not need to relate to criminal offending and will extend to revelation of information which would cause serious embarrassment or emotional distress
Execute
To execute a document is normally to do what the law requires to give validity to the document.
It is not confined to the signing or doing something to the face of the document.
Demand
There is a clear request made firmly
Menaces or any threat
Words or conduct conveyed a threat of something detrimental or unpleasant happening to the person to whom the threat is made
Being together with
There is proof that in committing the robbery the defendant was part of a joint enterprise by two or more persons who were present at the time of the robbery - RV Joyce
Unlawful
Without lawful justification, authority or excuse
Taking away
Refers to situations where the victim is physically removed from one place to another.
Detaining
Doing something to impose a constraint or restraint on the person detained
Consent
A person conscious and voluntary agreement to something desired or proposed by another
Consent obtained by fraud
The victim agrees to a proposition by misrepresenting the facts of their intention
Consent obtained by duress
Whether the threats, pressure or whatever it is such as to destroy the reality of consent and overbears the will of the individual
Ransom
A sum of money demanded or paid for the release of a person being held captive
Intent to hold for service or slave
The offenders intent is to keep the victim as a servant or slave
Cause to be confined
Restricting their movements to within a geographical area
And
Curtailing their activity and exercising control and influence over them
It is not necessary for the defendant to effect the confinement themselves
Cause to be imprisoned
To be put in prison or confine them as if in prison
Eg. Locked in a room or boot of a car
Sent out or taken out of NZ
Sent out - situations where the victim leaves NZ on their own.
Taken out - in the custody or company of a person accompanying them out of NZ
Entice away
To tempt, persuade or attract by arousing hope or desire
Firearm
The primary difference being that a firearm acts by force of explosive, where as an airgun acts by force of compressed gas or air
Explosive
Mixture of substances or combination of substances and watch on its normal state is capable either of decomposition at such a rapid rate as to result in explosion or produce a pyrotechnic affect
