Definitions

Question 1

Person

Answer 1

Generally accepted by judicial notice or proved by circumstantial evidence

Question 2

Grievous bodily harm

Answer 2

Not defined by legislation, can be defined simply as “harm that is really serious”

Question 3

Maiming

Answer 3

Common law describes as, depriving another of the use of such of his members as may render him the less able in fighting, either to defend himself or to annoy his adversary.

Practical terms it involves mutilating, crippling or disabling a part of the body so as to deprive the victim of a use of a limb or one of the senses.

Needs to be some degree of permanence.

Archaic term, likely to be classed as GBH these days.

Question 4

Disfigurement

Answer 4

To disfigure means to deform, deface; to mar or alter the figure or appearance of a person.

Question 5

Injure

Answer 5

To injure means to cause actual bodily harm

Question 6

Actual bodily harm

Answer 6

Actual bodily harm may be internal or external, and it need not be permanent or dangerous.

Question 7

Facilitate

Answer 7

Means to make possible or to make easy or easier

Question 8

Imprisonable offence

Answer 8

Any offence which is punishable by a term of imprisonment

Question 9

Stupefies

Answer 9

To stupefy means to 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 might hinder an intended crime

Question 10

Violent means

Answer 10

Includes the application of force that physically incapacitates a person, such as tying the victims hands and feet or inflicting debilitating injuries

Question 11

Airgun

Answer 11

(a)
any air rifle; and
(b)
any air pistol; and
(c)
any weapon from which, by the use of gas or compressed air (and not by force of explosive), any shot, bullet, missile, or other projectile can be discharged

Question 12

Firearm

Answer 12

(a)
means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive; and
(b)
includes—
(i)
anything that has been adapted so that it can be used to discharge a shot, bullet, missile, or other projectile by force of explosive; and
(ii)
anything which is not for the time being capable of discharging any shot, bullet, missile, or other projectile but which, by its completion or the replacement of any component part or parts or the correction or repair of any defect or defects, would be a firearm within the meaning of paragraph (a) or subparagraph (i); and
(iii)
anything (being a firearm within the meaning of paragraph (a) or subparagraph (i)) which is for the time being dismantled or partially dismantled; and
(iv)
any specially dangerous airgun

Question 13

Explosive

Answer 13

(a)
means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect; and
(b)
without limiting paragraph (a), includes gunpowder, nitroglycerine, dynamite, gun-cotton, blasting powder, fulminate of mercury or of other metals, coloured flares, fog signals, fuses, rockets, percussion caps, detonators, cartridges, and ammunition of all descriptions; and
(c)
without limiting paragraph (a) or paragraph (b), includes any device, contrivance, or article, which uses any substance or mixture or combination of substances to which paragraph (a) or paragraph (b) applies as an integral part of it for the purposes of producing an explosion or a ballistic or pyrotechnic effect; but does not include a firearm; and
(d)
does not include any firework as defined in section 2 of the Hazardous Substances and New Organisms Act 1996

Question 14

Property

Answer 14

Property includes any real or personal property, and any estate or interest in any real or personal property, money, electricity, and any debt any any thing in action and any other right or interest

Question 15

Constable

Answer 15

Means a Police employee who

• holds the office of constable (whether appointed as a constable under the Police Act 1958 or this Act) and
• includes a constable who holds any level of position within the New Zealand Police

Question 16

Theft

Answer 16

dishonestly and without claim of right, taking any property with intent to deprive any owner permanently of that property or of any interest in that property

Question 17

Dishonestly

Answer 17

in relation to an act or omission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority

Question 18

Claim of right

Answer 18

in relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed

Question 19

Control

Answer 19

Means to exercise authoritative or dominating influence over it.

Question 20

Intent to deprive owner permanently

Answer 20

An intent to deprive any owner permanently of property includes an intent to deal with property in such a manner that—
(a)
the property cannot be returned to any owner in the same condition; or
(b)
any owner is likely to be permanently deprived of the property or of any interest in the property

Question 21

Ownership

Answer 21

For the purposes of this Part, a person is to be regarded as the owner of any property that is stolen if, at the time of the theft, that person has—
(a)
possession or control of the property; or
(b)
any interest in the property; or
(c)
the right to take possession or control of the property.

Question 22

Extort

Answer 22

To obtain by violence, coercion or intimidation or to extract forcibly

Question 23

Offensive weapon

Answer 23

Means any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use.

Means any article capable of being used for causing bodily injury

Question 24

Assault

Answer 24

means 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 person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he or she has, present ability to effect his or her purpose; and to assault has a corresponding meaning

Question 25

Execute

Answer 25

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.

Entry of data in a computer program may amount to execution of a document

Question 26

Document

Answer 26

Essentially is a thing which provides evidence or information or serves as a record

Question 27

Unlawfully

Answer 27

without lawful justification, authority or excuse

Question 28

Consent

Answer 28

A persons conscious and voluntary agreement to something desired or proposed by another

Question 29

Marry

Answer 29

Means to engage in a marriage solemnised in accordance with the provisions of the Marriage Act 1955.

Question 30

Sexual connection

Answer 30

(a)
connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of—
(i)
a part of the body of another person; or
(ii)
an object held or manipulated by another person; or
(b)
connection between the mouth or tongue of one person and a part of another person’s genitalia or anus; or
(c)
the continuation of connection of a kind described in paragraph (a) or paragraph (b)

Question 31

Unlawfully (kidnapping/abduction)

Answer 31

In this context the word unlawfully means no more than “without lawful authority”. Where lawfulness is raised, it is for the prosecution to prove beyond reasonable doubt that the kidnapping was unlawful

Question 32

Takes, entices etc

Answer 32

To entice means to tempt, persuade or attract by arousing hope or desire.