Definitions and Case Law Flashcards
Intent
Two specific types an intention to commit the act and secondly, an intention to get a specific result.
Assault
Means the act of intentionally applying force or attempting to apply force.
R v Collister
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
R v Taisalika
Intent
The nature of the blow and the gash which it produced woud point strongly to the presence of the necessary intent.
Grevious Bodily Harm
Harm that is really serious.
DPP v Smith
Bodily Harm needs no explanation and grevious means no more and no less than really serisous harm.
R v Waters
Wounds
A breaking of the skin evidenced by a flow of blood both internal and external.
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 senses … needs to be some degree of permanence.
Disfigures
To deform or deface to or alter the figure or appearance of a person.
R v Rapana and Murray
Disfigures.
The word ‘disfigure covers not only permanent damage but also temporary damage’.
The Doctrine of Transferred Malice
Where the defendant mistakes the identity of the person injured where harm intended for one person is accidentally inflicted on another, he is still criminally responsible, under the Doctrine of Transferred Malice despite the wrong target being struck.
Injure
To injure means to cause actual bodily harm.
Recklessness
Acting “recklessly” involves conciously and deliberatley taking an unjustifiable risk.
It must be proved not only that the defendant was aware of the risk and proceeded regardless (a subjective test), but also it was unreasonable for him to do so (an objective test).
Camerson v R
Recklessness established if:
The Defendant recognised that there was a real possiblity that his or her actions would bring about the proscribed result and or that the proscribed circumstances existed.
Having regards to that risk those actions were unreasonable.
R v Tihi
Aggravated Wounding
In addition to one of the specific intents outlined in paragraphs (a), (b) or (c ), it must be shown that the offender either meant to cause the specified harm, or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it.
R v Wati
Aggravated Wounding
There must be proof of the commission or attempted commission of a crime either by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate.
Stupefies
Means to induce a state of stupor, to make stupid , groggy or insensible; to dull the senses or facuties.
R v Pekepo
Reckless Discharge
A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient proof. An intention to shoot that person must be established.
Discharge
To fire or shoot
Firearm
Firearm acts by force or explosive, where an airgun act by force of compressed air or gas.
Property
Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and anything in action and any other right or interest.
R v Mcarthur
Injures
Bodily Harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but must be more than transitory and trifliing.
R v Swain
To deliberately or purposefully remove a sawn-off shotgun from a bag after being confronted by or called upon by a Police Constable amounts to a use of that firearm within the meaning of Section 198A Crimes Act 1961.
Constable
Holds the office of Constable and includes a Constable who holds any level of position within the New Zealand Police.
Simester and Brookbanks
Knowledge
Knowing means knowing and correctly believing the defendant may believe something wrongly but cannot know something that is false.
Fisher v R
It is necessary in the order to establish a charge under section 198A(2) for the Crown to prove that the accused knew someone was attempting to arrest or detain him because otherwise the element of mens rea of intending to resist lawful arrest or detention cannot be established.
Imprisonable Offence
Any offence which is punishable by a term of imprisonment.
R v Cox Possession
Possession
Involves two elements both physcial and mental
Robbery
Theft accompanied by violence or threats of violence, to any person or property, used to extort the property stolen or to prevent or overcome resistance to its being stolen.
Theft
Dishonestly, and without claim of right takes any property with intent to deprive the owner permanently of that property.
Dishonestly
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 such consent or authority.
Claim of Right
Belief at the time of the act in proprietary or possessory right in property in relation to which the offence is alleged to have been committed.
R v Skivington
Claim of right is a defence to robbery.
R v Lapier
Robbery is complete the instant the property is taken, even if possession by the theif is only momentary.
R v Peat
The immediate return of the goods by the robber does not the purge the offence.
R v Maihi
There must be a nexus between the act of stealing and a threat of violence. Do not need to be contemporaneous.
Peneha v Police
Violence
The actions of the defendant must forcibly interere with personal freedom.
R v Broughton
The threat may be direct or veiled. It may be conveyed by words or conduct, or a combination of both.
R v Pacholko
The conduct of the accused must be assessed rather than the nerves of the victim.
Extort
To obtain by coercion or intimidation
Prevent
To keep from happening.
Overcome
To defeat; to prevail over; to get the better of in a conflict.
R v Wells
There is no requirement that the harm be inflicted on the victim of the robbery, thus infliction of harm to a person seeking to prevent the escape of the offender would come within the section.
R v Joyce
Together with
At least two persons were physically present at the time the robbery was committed or the assault occurred.
R v Galey
Together with
Two or more persons having the common intention to use their combined force.
Being Armed With
Defendant is carrying the item or has it available for immediate use as a weapon.
Offensive Weapon
Any article made or altered for use for the causing bodily injury, or intended by the person having it with him for such use.
R v Bentham
Whats is possessed must be under the definition be a thing. A persons hand or fingers are not a thing.
Being together with
Physcial Proximity and Joint Enterprise
Blackmail
Threatens, communication of the threat or accusation or disclosure or threats to damage property or endanger person obtains benefit or pecuniary advantage or privlege or valuable consideration or property.
What must be proven for Blackmail
Threatened expressly or by implication:
Make any accusation against any person or
dislcose something about any person or
endager the safety of any person
and that the suspect intended to:
Cause the person to whom the threat is made to act in accordance with the will of the person making the threat and
obtain any
Benefit or
to cause loss to any other person
Demanding with intent to steal
Without claim of right, by force or with any threat, compels any person to execute, make accept, endorse, alter, or destroy any document capable of conferring a pecuniary advantage with intent to obtain any benefit.
Unlawfully
Without lawful justification or excuse.
R v Wellard
The essence of the offence of kidnapping is the deprivation of liberty coupled with a carrying away from the place where the victim wants to be.
R v Crossan
Taking away and detaining are seperate and distinct offences.
R v Pryce
Detaining is an active concept meaning to keep in confinement or custody.
Consent
Consent is a person’s concious and voluntary agreement to something desired or proposed by another.
R v Cox Consent
Consent must be full voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgment.
R v Crossan (By any violent means)
Incapable of resisitance includes a powerlessness of the will as well as a physical capacity
Section 209A, Crimes Act 1961
For the purposed of sections 208 and 209, a person under the age of 16 years cannot consent to being taken away or dtained.
Consent obtained by fraud
deceive the victim into agreeing to a proposition by misrepresenting the facts or their intentions.
Consent obtained by duress
Acquiesce to an offenders demands based on fear of the consequences if they refuse.
R v Mohi
The offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent.
Section 210A, Crimes Act 1961
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 section 209 or section 210 because he of she gets possession of the young person.
Ransom
A ransom is a sum of money demanded or paid for the release of a person being held captive.
Confine
Confining a person can include restricting their movements to within a geographical area, but also has wider meaning that includes curtailing their activity and exercising control and influence over them.
Imprison
To imprison a person meansto put them in prison, or to confine them as if in prison.
Section 210, Crimes Act 1961
It is immaterial whether the young person consents, or is taken or goes or is received at his or her own suggestion and it is immadterial whether the offender believes the young person to be of or over the ages of 16.
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
R v Chartrand
Whether the defendant may have had an innocent motive, or intended to interfere with possession for a very short period of time is beside the point.
It is not necessary to prove the accused intended a permanent deprivation.
Knowledge
The offender must know the young person they are receiving has been abducted.
AP Simester and WJ Brookbanks
Knowing means knowing or correctly believing. the defendant may believe something wrongly, but cannot know something is false.
R v Waaka
Intent may be formed at any time during the taking away. If a taking away commences without the intent to have intercourse, but that intent is formed during the taking away, then that is sufficient for the purposes of the section.
R v M
The Crown must prove that the accused intended to take away or detain the complainant and that he or she knew that the complainant was not consenting.
Migrant Smuggling
Involves a person who has freely consented to be brought into New Zealand as an illegal immigrant and is not subjected to coercion or deception.
People Trafficking
Involves a person who is brought into New Zealand by means of coercion or deception.
Investigation approaches to MS and PT
Reactive Investigation
Proactive Investigation
Disruptive Investigation
