Definitions Flashcards
Definition of Injurious substance or device.
Covers a range of things capable causing harm to a person; i.e. a letter containing Anthrax powder that is mailed to a political target.
Boiling water has been held to be “destructive” substance.
Blackmail S237(1) two intents
with intent -
(a) to cause the person to whom the threat is made to act in accordance with the will of the person making the threat; and
(b) to obtain any benefit or to cause loss to any other person.
Definition of Migrant Smuggling
Involves a person who has freely consented to be brought into NZ as an illegal immigrant and is not subjected to coercion or deception.
Definition of People Trafficking
Involves a person who is brought into NZ by means of coercion and/or deception. People are often trafficked in order to exploit them in the destination country, e.g. as forced labour, for removal of their organs or most commonly, for sexual exploitation.
Investigative Approach - People Trafficking
Table
1 of 3
- Reactive Investigation
Action
- Victim led and often initiated by an approach to Police by the victim or another person acting on behalf of the
victim.
Investigative Approach - People Trafficking
Table
2 of 3
- Proactive Investigation
Action
- Police led. A combination of standard investigation techniques supplemented by intelligence resources to identify and locate the traffickers, gather evidence and instigate proceeding against them.
Investigative Approach - People Trafficking
Table
3 of 3
Disruptive Investigation
Action
- Appropriate in circumstances where the level of risk to the victim demands an immediate response, and pro-active or reactive approaches are not practicable options.
Difference b/w S188(1) & S188(2) is the offenders intent.
- S188(1) the offender intents to cause GBH
- S188(2) the offender intents only to injure the victim, although the actual outcome is a greater degree of harm than anticipated.
Circumstantial evidence from which an offender’s intent may be inferred can include:
- Offender’s actions and words before, during and after the event
- the surrounding circumstances
- the nature of the act itself.
Proving intent in serious assault cases:
8 points…
- prior threats
- evidence of premeditation
- the use of a weapon
- whether any weapon used was opportunistic or purposely brought
- the number of blows
- the degree of forced used
- the body parts targeted by the offender (eg the head)
- the degree of resistance or helplessness of the victim (eg unconscious).
S210A CA 1961 Statutory defence of good faith.
Abd young person u16 years
A person who claims in good faith a right to the possession of a young person under the age of 16 years cannot be convicted of an offence against S209 or S210 because he or she gets possession of the young person.
Psychiatric Injury - under S188 “bodily harm”
“Bodily harm” in S188 includes really serious pyschiatric injury identified as such appropriate specialist evidence.
Doctrine of Transferred Malice
and R v HUNT
A defendant mistakes the identity of the person injured
or
Where harm intended for one person is accidentally inflicted on another, s/he is still responsible.
HUNT = Malice against the person cut is not essential; general malice is sufficient.
Ingredients Blackmail; Definition Accusation
The word “accusation” will normally refer to an allegation that the defendant person is guilty of criminal conduct.
Firearm Offence: Under S198A The officer must be “acting in the course of his or her duty”
If they officer is acting unlawfully, i.e. trespassing on private property without authority. It cannot be said to be, “acting in the course of his or her duty”.
Actual Possession
Actual possession arises where the thing in question is in a person’s physical custody; it is on or about their person, or immediately at hand.
Constructive Possession
Constructive possession arises when something is not in a person’s physical custody, but they have ready access to it or can exercise control over it.
Accompanied by
The prosecution must prove:
- a connection between the violence or threats of violence and the stealing of the property.
- the defendant had an intent to steal at the time the violence or threats were used.
- the violence or threats were used for the purpose of extorting the property, or preventing or overcoming resistance to it being stolen.
Violence
In the context of robbery, violence must involve more than a degree of force and more than a technical assault, but need not involve the infliction of bodily injury.
Extort
To extort means “to obtain by coercion or intimidation.
Prevent
to keep from happening
Overcome resistance
to defeat; to prevail over; to get the better of in a conflict.
