Definitions Flashcards
Dishonestly
(Without implied…)
Without implied consent or authority
Without claim of right
No possessory or proprietary right in property
Takes
Completed when moved or caused to be moved
With intent to deprive permanently
(cannot be…)
Cannot be returned in same condition or owner likely to be permanently deprived. Must prove intent to deprive.
Taking
(Person does not)
Person does not obtain ownership/consent/ possession without consent
Intent
To commit a specific act to obtain a certain outcome.
Result
(Aim…)
Aim or purpose
Accompanied by violence
(must involve…)
Must involve more than a minimal degree of force but need involve infliction of bodily harm
Grievous
No more than really serious and no less than really serious
Threat
Circumstances help determine threat. Demeanour, physique, age, words, actions
Extort
(Obtain by…)
Obtain by coercion or intimidation. Overbearing the victim
Prevent
Keep from happening
Overcome
Defeat, prevail, get the better of
Being armed with
Carrying or readily available
Offensive weapon
(Any article…)
Any article made or used for the purpose of causing bodily harm or intended by him for such use
Instrument
(Any item…)
Any item intended to be used as a weapon
Possession
Physical (actual control) and mental (knowledge of possession and intention to exercise control)
Both must be proven
Danger to Life (arson)
Danger to the life of any person other than the fire setter
Cause Loss
(The extent)
The extent to which complainants position prior to the offence has been impaired
Benefit
Pecuniary advantage or privilege
Aircraft
Any machine than can derive support from the air
Ship
A vessel used in navigation however propelled
Property
Real and personal property, or any right or interest in any real and personal property, money, electricity, and any debt, and anything in action, and another other right or interest.
Immovable Property
Fixed in place and cannot be moved without considerable effort
Explosive
Substance, mixture or combination of substances which in its normal state is capable decomposition at a rapid rate it results in explosion.
Fire
Process of combustion, chemical reaction between fuel and oxygen, triggered by heat.
Recklessly
(Conscious…)
Conscious and deliberate undertaking of an unjustified risk
Stupefies
Dull the senses / state of stupor
Facilitate
To make easier
Transferred malice
Person injured may not be intended target of the accused.
Maims
(Depriving…)
Depriving use of a limb. Some degree of permanence
Wounds
Breaking of the skin evidenced by blood
GBH
Grievous Bodily Harm- Harm that is really serious
Injure
Actual bodily harm
Producing
(Bring …)
Bring something into being/existence from it raw material/element
R v Rua
Manufacture
Process of synthesis, combining components of processing raw materials to create a new substance
(Complete when prohibited substance created, whether usable or not)
Knowledge
(Proved)
Proved through admissions, circumstantial evidence and Statutory presumption
R v Strawbridge
Controlled drug
Any substance/preparation/mixture or specified article described in schedule 1/2/3 and any drug analogue.
Supply
(To furnish or…)
To furnish or provide something needed or desired (distribute/give/sell)
Distribute
Supply to multiple people
Give
(to hand…)
To hand substance over to enable person to use, completed when recipient has possession or control of the drug.
Sell
To exchange goods for some form of valuable consideration.
Administer
(introducing)
Introducing a drug directly into a person system. To cause the drug to be taken.
(Injecting heroin, hearing cannabis resin)
Offer
(Arouse)
Arouse another persons interest. Requires communication by accused and belief by recipient their offer is genuine
R v Brown (understood to be genuine offer)
R v During (intimation by offender to another that he is ready on request to supply drugs prohibited by statute)
Purpose
Aim or intention
Possession
Physical and mental element, must have be in custody /control, knowledge of it and intention to exercise control.
R v Cox
Import
To bring in from a foreign country.
Saxton v Police.
Takes (Kidnapping and abduction)
Physically removed from one place to another, deprivation of liberty coupled with carrying them away.
Detains (Kidnapping and abduction)
Imposing constraint or restraint on person detained. Actively confining.
Harbouring
Implies victim consents.
Duress
Consent given based on fear of consequence. Actual or implied force can be classed as duress.
Sexual connection
Introduction into genitalia or anus of one person, otherwise than for genuine medical purposes of;
Part of the body of another person
An object held or manipulated by another person
Or connection between mouth or tongue of one person and a part of another person’s genitalia or anus
Or a continuation of connection of a kind described
kidnapping
Different outcome than abduction
Ransom or service
Confinement or imprisonment
Sent or taken out of NZ
Ransom
Sum of money demanded or paid on release of a person
Service
Servant or slave
Imprison
As if in prison, locked in a room
Sent/taken
Leave country on own or in the company or custody of a person
Deprive parent
May not be primary intention however their actions may cause the outcome.
Entice
Tempt, persuade
Sexual violation
Non consensual sexual connection
Continuation
Obligation for a person to stop sexual activity at the time they realise other person is or may no longer be willing.
No presumption because of age
S127
Any person is capable, in legal sense, of being involved in sexual connection.
Consent
A persons conscious and voluntary decision to something desired or proposed.
R v Cook - real genuine or true consent, words, conduct or both
R v Cox - full, voluntary, free and informed, voluntarily given by a person in position to form rational judgement.
Subjective and Objective tests
- Did the complainant consent (S)
- Did the offender believe they were consenting? (S)
- Would a reasonable person in the same circumstances as the offender believe the complainant was consenting (O)
R v Gutuama ‘no reasonable person in the accused’s shoes could have thougt…)
S128A Non consent
- Victim does not protest or offer resistance
- Force or threat of force
- Asleep or unconscious
- Intoxicated or drugged to point of incapable.
- Intellectual, mental or physical condition
- Mistaken identity
- Mistaken about nature or quality
- Section not limited to above
No consent where force
No consent where person submits to SC because of actual or threatened use of force, whether or not that fear was reasonable and honestly held.
R v Koroheke - important to distinguish between consent that is freely given and submission by a woman to what she may regard as unwanted but unavoidable
Rape
S128
A rapes B if A has SC with B effected by the penetration of B’s genetalia by person A’s penis -
a) without B’s consent
b) with believing on RG’s that B consented.
Sexual Connection s128(1)(b)
Penetration of genitalia/anus by a part of another person body
Penetration of genitalia/anus by object held or manipulated by another
Touching person’s genitalia / anus by another persons mouth/tongue
WITHOUT CONSENT
Attempted SV (s129)
Situations where the offender intends to sexually violate and takes steps towards it but full offence not committed.
Attempts does not necessarily involve assault
Assault with intent to commit SV may not be sufficiently proximate to full offence
Indecency
An act that has sexual connotations and involves conduct directed at at a person that is offensive to moral values
R v Court
Defence to charge under section 134 (sexual conduct with YP under 16)
S134A
If accused proves that:
a - before act occurred had taken reasonable steps to find out whether the YP was of or over 16, and
b - at the time of act, believed on RG they were over 16, and
C - the YP consented.
Indecent assault
An assault accompanied with circumstances of indecency
R v Leeson
Firearm
Means anything from which any shot, bullet, missile or other projectile can be discharged by force of explosive and,
Anything which is not for the time being capable of (the above) but which by its completion or the replacement of any component would be.
Airgun
Air rifle
Air pistol
Any weapon which uses gas or compressed air any shot can be discharged.
Discharge
To fire or shoot
Intent to shoot victim
A reckless discharge of a firearm in the general direction of a passer by who is hit is insufficient proof. Intention to shoot victim must be established
R v Pekepo
Injurious substance or device
A range of things capable of causing harm.
The substance must have the capacity to explode or cause injury
Use in any manner whatever
Includes handling or manipulating a firearm so as to convert an implied threat. Producing a firearm to a police officer intending to imply a threat is also ‘use’
Anything short of actually firing weapon
Police v Parker
Acting in the course of duty
Protecting life and property, preventing and detecting offences, apprehending offenders and keeping the peace
Knowing, or being reckless whether member of Police
Must know that it is Police Officer and acting in Course of Duty or be reckless
Has any firearm with him or her
Must knowingly have firearm, and must have custody or control, it was available at hand while committing imp. offence
Close physical link and degree of immediate control
R v Kelt
Prima Facie
At first appearance
Tuli v Police
