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TG DDC ✔️ > Definitions / Legislation > Flashcards

Definitions / Legislation Flashcards

1
Q

Document

A

S217 CA1961 Any paper or material capable of being read, any photograph, or device where information is recorded temporarily or permanently, any material by means of which information is supplied

R v Misic

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2
Q

Obtain

A

S217 CA1961 In relation to any person, means obtain or retain for himself or herself or for any other person

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3
Q

Intent to deprive owner permanently

A

S219(2) CA1961 The property cannot be returned to any owner in the same condition, or any owner is likely to be permanently deprived of the property or of any interest in the property

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4
Q

Person

A

A gender neutral offence, the fact that the victim is a “person” is generally accepted by judicial notice or proved by circumstantial evidence.

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5
Q

Extort

A

to obtain by coercion or intimidation

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6
Q

Prevent

A

To keep from happening

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7
Q

Overcome

A

To defeat; prevail over; to get the better of in a conflict

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8
Q

At the time of - robbery

A

Where violence has been used to extort the property stolen, or to prevent or overcome resistance, has resulted in really serious harm to the person assaulted

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9
Q

Immediately before or after - robbery

A

Connection in time between the robbery and the infliction of GBH.

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10
Q

Causes (GBH)

A

In context of GBH, a person ‘causes’ GBH where a persons actions make him or her criminally responsible for it.

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11
Q

GBH

A

Really serious harm

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12
Q

OFFENSIVE WEAPON

INSTRUMENT

A

OFFENSIVE WEAPON

Any article made or altered for use for causing bodily injury. S202A CA1961

INSTRUMENT

Any item intended to be used as a weapon or to intimidate and overbear the victims will to resist.

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13
Q

Assault

A

S2 CA1961 assault 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

  • DIRECT ASSAULT
  • INDIRECT ASSAULT
  • CONDITIONAL ASSAULT
  • TRANSFERRED MALICE
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14
Q

Evidential material

A

S3 S&S2012 evidential material, in relation to an offence or a suspected offence, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence

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15
Q

Interception device

A

S3 S&S2012 interception device— (a) means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to intercept or record a private communication (including a telecommunication)

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16
Q

Private premises

A

S3 S&S2012 private premises means a private dwellinghouse, a marae, and any other premises that are not within the definition of non-private premises

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17
Q

Trespass surveillance

A

S3 S&S2012 trespass surveillance means surveillance that involves trespass to land or trespass to goods

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18
Q

Unlawfully at large

A

S3 S&S2012 In relation to a person, means that the person: - has an arrest warrant in force (excluding fines warrants) - has escaped from prison or is absent without leave - has escaped from lawful custody, e.g. Police cells or a police car - is a special patient or a restricted patient and has escaped or has failed to return from leave - is a care recipient or special care recipient (with an intellectual disability) and has escaped or has failed to return from leave - is a “young person” who is the subject of a Youth Court “Supervision with residence” order and they are absconding from CYFS custody.

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19
Q

Arms

A

Any firearm, airgun, pistol, restricted weapon, imitation firearm or explosive (as defined in S2 CA1961), or any ammunition

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20
Q

Curtilage

A

A legal term to define the land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated ‘open fields beyond’. It defines the boundary within which a home owner can have a reasonable expectation of privacy and where ‘common home activities’ take place.

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21
Q

Non-private premises

A

premises, or part of a premises, to which members of the public are frequently permitted to have access, and includes any part of a hospital, bus station, railway station, airport or shop.

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22
Q

Private activity

A

Means activity that, in circumstances, any 1 or more of the participants ought to expect is observed or recorded by no one except the participants

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23
Q

Surveillance device

A

Means a device that is any 1 or more of the following kinds of devices: a) an interception device: b) a tracking device c) a visual surveillance device

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24
Q

Visual surveillance device

A

visual surveillance device— (a) means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to observe, or to observe and record, a private activity; but (b) does not include spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision

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25
Q

What is the concept of title? Refresh yourself.

A

What is the concept of title? Refresh yourself.

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26
Q

Subjective/Objective tests

A

Subjective: What was the complainant thinking at the time? Was she consenting?

Subjective: If she wasnt consenting, did the offender believe she was consenting?

Objective: What would a reasonable person believe if placed in the same position as the Defendant?

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27
Q

UNLAWFULLY

TAKING AWAY

DETAINED

A

UNLAWFULLY

Without lawful justification, authority or excuse.

TAKING AWAY

Generally refers to situations where the victim is physically moved/removed from one place to another. This can be by deception.

DETAINED

An active concept rather than a passive one. Involves doing something to impose a constraint or restraint on a person detained. E.g locking a door

R v Pryce

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28
Q

Appreciation / GSMEAC

A
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29
Q

SOA & CA Assault section/elements

Types of assault

A

S9 SOA1981

S196 CA1961

Assaults

Another person

Types:

Direct assault

Indirect assault

Conditional assault

Transferred malice

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30
Q

Section 209A CA1961

A

Young person under 16 cannot consent to being taken away or detained. (For purposes of S208 & 209)

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31
Q

Section 210(3)(a) CA1961

Section 210(3)(b) CA1961

A

Section 210(3)(a) CA196

Immaterial whether the young person consents, or is taken or goes or received at own suggestion. (In relation to S210 CA1961)

Section 210(3)(b) CA1961

Immaterial whether the offencer believes the young person to be of or over the age of 16. (In relation to S210 CA1961)

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32
Q

Section 127 CA1971

A

There is no presumption of law that a person is incapable of sexual connection because of his or her age.

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33
Q

Section 210A CA1961

A

A person who claims in good faith a right to the possession of a young person under 16 yrs cannot be convicted of S209 or S210 because he or she gets possession of the young person.

of note: A parent may commit an offence uner 210 in respect of their own child. Example: if a court order is in place.

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34
Q

Section 268 CA1961

A

Attempted Arson

Section 268 CA1961

Attempts to commit arson in respect of

Any immovable property OR any vehicle OR ship OR aicraft

10 yrs imp

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35
Q

Of note re evolution of the offence

  • Innocent agents
  • Withdrawal
  • Principal / secondary offenders
A

Innocent agents cannot be convicted as a secondary party.

Withdrawal can happen if all reasonable steps, notice of withdrawal by words or actions, unequivocal withdrawal has happened before the offence committed. However, withdrawl of an agreement is still guilty of conspiracy. A person can effectively withdraw before an agreement is made.

There may be more than one principal offender, given they contribute to actus reus.

Secondary must intend their actions and have knowledge of essential matters that makes a pincipal offenders actions an offence.

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36
Q

INTENT

A

INTENT

Intention to commit act

Intention to get a specific result

(Deliberate act or omission, result being an aim, object or purpose)

R v Collister

Proving intent:

  • offender actions and words before/during/after event
  • surrounding circs
  • nature of act itself
  • prior threats
  • evidence of premeditation
  • use of a weapon
  • whether the weapon was opportunistic or with purpose
  • the number of blows
  • degree of force used
  • body part(s) targeted
  • degree of resistance or helplessness of victim (e.g. unconscious)
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37
Q

Specified drug amounts

Heroin

Cocaine

Lysergide (LSD)

Meth

MDMA (Ecstacy)

Cannabis resin

Cannabis extract (Oil)

Cannabis plant

A

Heroin = 0.5 grams

Cocaine = 0.5 grams

Lysergide (LSD) = 2.5 grams, 25 flakes or tablets etc

Meth = 5 grams

MDMA (Ecstacy) = 5 grams, 100 flakes or tablets etc

Cannabis resin = 5 grams

Cannabis extract (Oil) = 5 grams

Cannabis plant = 28 grams or 100 cigarettes

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38
Q

Standard of proof

A

Prosection: Must prove BEYOND REASONABLE DOUBT & dispute common law defences

Exception to this rule is STRICT LIABILITY OFEENCES - only need to prove actus reus, not mens rea.

The defendant must then prove ‘total adsence of fault’

If an absolute liability offence, the defendant is liable regardless of fault.

….

Defence: Prove REASONABLE DOUBT

39
Q

Mens Rea

Actus Reus

A

The presence of the guilty mind

The act

Behaviour such as:

  • Failure to act (omission)
  • Acting a particular way
  • Brought about state of affairs
  • A voluntary conduct occurring while the person had the requisite mens rea
40
Q

‘But for’

Intervening act

Of note rule

A

‘But for’ is a casual link or chain of causation. The offence wouldnt have happened ‘but for’ the persons actions

An intervening act will not generally break the casual link / chain of causation.

Defendants must ‘take their victims as they find them’

(Punch to head which wouldnt normally kill someone, vic has weak bones so is extra screwed and dies)

41
Q

New Zealand Bill of Right Act 1990

S25(c)

A

The minimum right to be presumed innocent until proven guilty.

42
Q

Statutory defences

Common law defences

A

Statutory defences:

  • INFANCY (S21 CA1961)
  • DEFENCE OF SELF OR ANOTHER (S48 CA1961)
  • DEFENCE OF PROPERTY (S52-S54 CA1961)
  • INSANITY (S23 CA1961)
  • COMPULSION (S24 CA1961)

Common law defences:

  • IMPOSSIBILITY (beyond control)
  • NECESSITY (choice between two evils)
  • CONSENT
  • INTOXICATION (forming mens rea)
  • MISTAKE
  • SANE AUTOMATISM (sleep walking)
43
Q

AFCO

A
44
Q

ACT

OMISSION

A

ACT

To take action or do something to bring about a particular result.

OMISSION

The action of excluding or leaving out someone or something, a failure to fulfil a moral or legal obligation.

45
Q

INCITE

COUNSEL

PROCURE

AID

ABET

A

INCITE

Rouse, stir-up, stimulate, animate, urge or spur on a person.

COUNSEL

Advising a person on how best to commit an offence.

PROCURE

Setting out to see that it happens.

AID

To assits

ABET

To encourage

46
Q

Section 67 CA1961

A

Conspiracy between spouses.

A person is capable of conspiring with his or her spouse or civil union partner and any other person.

47
Q

RECEIVES

COMFORTS

ASSISTS

TAMPERS WITH EVIDENCE

ACTIVELY SUPPRESSING EVIDENCE

A

RECEIVES

Harbouring an offender, offering them shelter.

COMFORTS

Provides offender with things, food, clothing.

ASSISTS

Provides transport, look-out, giving advice e.g. materials and services.

TAMPERS WITH EVIDENCE

To alter evidence against offender e.g. delete texts

ACTIVELY SUPPRESSING EVIDENCE

Concealing, destroying evidence. e.g repeatedly washing bloody clothing.

48
Q

DISHONESTLY

CLAIM OF RIGHT

PROPERTY

TAKING

A

DISHONESTLY

Act or omission without belief that there was express or implied consent, authority given by a person entitled to give such consent or authority.

CLAIM OF RIGHT

In relation to any act means a belief at the time of the act in a propietary or possessory right in property in relation to the offence.

PROPERTY

Includes real and personal property and any estate or interest in any real or personal property. S2 CA1961

TAKING

For tangible property, when the offender moves the property or causes it to be moved. S219 CA1961

49
Q

UNLAWFUL ACT

OWNERSHIP

POSSESSION

CONTROL

A

UNLAWFUL ACT

Breach of any act, regulation, rule or bylaw. S2 CA1961

OWNERSHIP

At the time of theft person has possession, control of, interest in or the right to take possession or control of. S218 CA1961

POSSESSION

R v Cox

CONTROL

Means to exercise authoritative or dominating influence over it.

50
Q

EXPLOSIVE

FIREARM

AIRGUN

DISCHARGE

PROHIBITED FIREARM

A

EXPLOSIVE

Any substance/mixture/combination of substances which in normal state decomposition rapidly result in explosion/pyrotechnic effect. S2 Arms Act 1983

FIREARM

Anything from which any shot, bullet, missile, other projectile can be discharged by force of explosive.

  • can be adapted to…
  • not capable now but with replacement of component/completion/correction/repair can…
  • anything currently partially / is dismantled.
  • any specially dangerous airgun

S2 Arms Act 1983

AIRGUN

Includes any:

  • air rifle
  • air pistol
  • any weapon from which, by use of gas or compressed air, any shot, bullet, missile can be discharged. S2 Arms Act 1983

DISCHARGE

To discharge in this context means “to fire or shoot”

PROHIBITED FIREARM

Semi-automatic… S2A ARMS ACT 1983

51
Q

Section 4 VRA 2002

YOUNG PERSON

CHILD

A

Young person is of or over the age of 14 years but under 18 years.

A child is under the age of 14 years.

52
Q

CONSENT

A

A persons consent is the conscious and voluntary agreement to something desired or proposed by another.

&

R v Cox

53
Q

CONSENT OBTAINED BY FRAUD

CONSENT OBTAINED BY DURESS

A

CONSENT OBTAINED BY FRAUD

Offender deceives the victim into agreeing into a proposition by misrepresenting facts or their intentions. (LIES)

CONSENT OBTAINED BY DURESS

A victim may acquiesce to an offenders demands based on fear of consequences if they refuse. (Overbearing the will of the victim)

Acquiesce means to accept something reluctantly but without protest.

54
Q

SEXUAL CONNECTION

A

S2 CA1961

(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; (Eg.. Fingers) or
(ii) an object held or manipulated by another person; (E.g. Bottle) or
(b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus; (E.g. Oral sex) or
(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b). (E.g withdrawn consent)

Section 2, Crimes Act 1961

55
Q

MARRIAGE

CIVIL UNION

A

MARRIAGE

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

CIVIL UNION

Legally recognised union with rights similar to marriage.

56
Q

HOLD FOR RANSOM

SERVICE

CAUSE

A

HOLD FOR RANSOM

A ransom is a sum of money demanded or paid for the release of a person being held captive.

SERVICE

Relates to situations where the offenders intent is to keep the victim as a servant or slave.

CAUSE

Not necessarily directly effected by the offender themselves.

57
Q

CONFINED

IMPRISONED

A

CONFINED

Restricting a persons movements to within a geographical area. (Area)

IMPRISONED

To put a person in prison or to confine them as if in prison. (Small space)

58
Q

SENT

TAKEN

ENTICE

A

SENT

Victim leaves NZ by themselves under duress.

TAKEN

Victim in company or custody of a person accompanying them out of NZ.

ENTICE

To tempt, persuade or attract by arousing hope or desire.

59
Q

RECKLESS

A

The conscious and deliberate taking of an unjustified risk.

Cameron v R

R v Tipple

Proving recklessness:

Offender recognised there was a real possibility that:

  • his/her actions would bring about proscribed result
  • that the circs existed
  • having regard to that risk those actions were unjustified
60
Q

WOUNDS

MAIMS

DISFIGURES

TO INJURE

ACTUAL BODILY HARM

A

WOUNDS

A breaking of the skin evidenced by flow of blood. R v Waters (e.g. stab wound)

MAIMS

Depriving another of the use of such of his members. Needs to be some degree of permanence. (e.g. biting off finger)

DISFIGURES

Means to deform or deface, to mar or alter the figure or appearance of a person. (e.g. burn to face)

TO INJURE

Means to cause actual bodily harm. (e.g. broken finger, bruising)

ACTUAL BODILY HARM

May be internal or external and need not be permanent or dangerous.

61
Q

DOCTRINE OF TRANSFERRED MALICE

A

It is not necessary that the person sufferring the harm was the intended victim.

62
Q

INTENT TO COMMIT OR FACILITATE THE COMMISSION OF ANY IMP OFF

(S191(1) CA1961)

TWO-FOLD TEST

A
  1. The offender intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in paras (a),(b) & (c)

OR

  1. He intended to cause the specified harm, or was reckless as to that risk.

R v Tihi

63
Q

FACILITATE THE COMMISSION

AVOID THE DETECTION

AVOID THE ARREST OR FACILITATE THE FLIGHT

A

FACILITATE THE COMMISSION

To make possible or make easy/easier. (ABOUT TO DO IT)

AVOID THE DETECTION

The offender caused the specified harm to prevent himself or another person from being ‘caught in the act’ (DOING IT)

AVOID THE ARREST OR FACILITATE THE FLIGHT

After an imprisonable offence committed or attempted. Specified harm caused to enable offender to more easily effect escape or to prevent their capture. (DONE IT)

64
Q

STUPIFIES

RENDERS UNCONSCIOUS

BY ANY VIOLENT MEANS

IMPEDES

A

STUPIFIES

Means to induce a state of stupor, to make stupid, groggy or insensible. To dull the senses or faculties.

RENDERS UNCONSCIOUS

To ‘cause to be’ or ‘cause to become’. The offenders actions must cause the victim to lose consciousness.

BY ANY VIOLENT MEANS

Includes the application of force that physically incapacitates a person. It is not limited to physical violence and may include threats of violence, depending on the circumstances.

IMPEDES

Delay or prevent (someone or something) by obstructing/hindering them. (e.g. strangulation)

65
Q

CONTROLLED DRUG

CLASS A CONTROLLED DRUG

CLASS B CONTROLLED DRUG

CLASS C CONTROLLED DRUG

CONTROLLED DRUG ANALOGUE

A

CONTROLLED DRUG

Any substance specified in Schedule 1, 2 or 3 in this Act (MODA1975) and any controlled drug analogue. S2 MODA1975

CLASS A CONTROLLED DRUG

Class A controlled drug means the controlled drugs specified or described in Schedule 1 of this Act. S2 MODA1975

CLASS B CONTROLLED DRUG

Class B controlled drug means the controlled drugs specified or described in Schedule 2 of this Act. S2 MODA1975

CLASS C CONTROLLED DRUG

Class C controlled drug means the controlled drugs specified or described in Schedule 3 of this Act. S2 MODA1975

CONTROLLED DRUG ANALOGUE

Has a structure substancially similar to a controlled drug. It is a substance with similar dangerous effects, but that is not specifically listed in the schedules to the Act. (ALL CLASSIFIED AS CLASS C)

66
Q

PRODUCING

MANUFACTURING

A

PRODUCING

To bring something into being or bring something into existance from its raw materials or elements. (E.g. growing cannabis)

MANUFACTURING

The process of synthesis, combining components or processing raw materials to create a new substance. (E.g. cooking meth)

67
Q

DRUGS KNOWLEDGE

KKI

of note: offence complete once prohibited substance is created, whether or not it is in a useabe form.

A

Knew about the offence

Knew the substance involved was a controlled drug

Intended to commit the offence

68
Q

S29A MODA1975

A

Proving useable quantity.

It is not necessary for the prosecution to prove that fact unless the Defendant puts the matter in issue.

69
Q

AWOCA

A

Ask (Request cooperation)

Why (Explain reason/power, ask why?)

Options (Provide shit sandwich and explain consequences)

Confirm (Do they understand?)

Act (Take appropriate action)

70
Q

PRBPAB

(Scene guard duties)

A

FREEZE, CONTROL, PRESERVE

Prevent unauthorised people

Record in notebook

Brief authorised people

Promptly report 1C activity

Avoid self-contaminating scene

Be aware of animals

71
Q

WEEPP

Justification to K9 a CYP

A

Witness interference

Evidence interference

Ensure appearance in Court

Prevent further offending

Public interest

72
Q

CADD

Reason for entering a premise with warrantless power re EM.

A

Concealed

Altered

Damaged

Destroyed

73
Q

PCA

SELF TEST

TENR

A

PCA

Perceived Cumulative Assessment

SELF TEST

Scrutiny? Ensures compliance? Lawful? Fair?

TENR

Threat (Opportunity, Capability, Environment, Intent)

Exposure

Necessity (Immediate, Delayed, Not at all)

Response

74
Q

VAWSEEPO

A

Victim / informant

Appreciation

Witnesses

Scene

Exhibits

Elements (offence ingredients)

Powers

Offender

75
Q

PEACE

ADVOKATE

A

PEACE

Preparation

Engage and explain

Account (Probe & challenge (You said, We’ve got, Explain))

Closure

Evaluation

ADVOKATE

Amount of time seen

Distance

Visibility

Obstructions

Known/seen before

Any special reason to remember

Time lapse

Error

76
Q

Common methods of importing

A
  • have drugs in/on person or in luggage
  • have a ‘mule’ bring drugs in
  • send by international mail/courier
  • conceal inside legitimate goods (e.g. shipping containers)
77
Q

The importing process

A

Is a process that commences at the point of origin and continues intil the drugs have reached their ultimate destination in NZ.

78
Q

Time of exportation

A

S53 Customs and Excise Act 1996

Time when exporting craft leaves last customs place immediately before proceeding to a point outside NZ.

NZ

The land and waters enclosed by the outerlimits of the territorial sea of NZ. (12 nautical miles from land mass of NZ)

79
Q

S29B MODA1975

A

In relation to any cannabis preparation the following provisions apply:

  • prosecution to prove contains tetrahydrocannabinols (THC)
  • subjected cannabis to processing which it is unrecogniseable
  • Plant means the whole or any part of the leaf, flower, or stalk of any plant
  • in event of dispute, jury determines, or judge determines (if JAT) and inspects unaided.

This provides that cannabis preparation is produced by subjecting cannabis to some form of process that renders it unrecogniseable as plant material. (E.g. cannabis brownies)

of note:

placing cannabis plant in a solution of isopropyl alcohol consentrates THC levels and upgrades from Class C to B.

80
Q

SUPPLY

DISTRIBUTING

GIVE

SELLING

ADMINISTERS

OFFERING

OTHERWISE DEAL IN

PURPOSE FOR SUPPLY

of note:

Intent is inferred from admissions, circumstancial evidence, and presumption under S6(6) MODA1975 - If of the presumtion amount, its for supply. (e.g. 28 grams of cannabis)

A

SUPPLY

Means to furnish or provide something that is needed or desired.

DISTRIBUTING

Relates to the supply of drugs to multiple people.

GIVE

To hand substance over in order to enable the other person to use the drug for own purposes.

SELLING

Involves typical concept of sale - an exchange of goods in return for valuable consideration.

ADMINISTERS

To direct and cause a drug to be taken into the system of another person.

OFFERING

  • the communicating of an offer (by words, gestures, writing) to supply or administer a controlled drug.

An intention that the other person believes the offer to be genuine. (R v Brown)

OTHERWISE DEAL IN

Other than distribute, supply, etc.

PURPOSE FOR SUPPLY

  • in this context can be equated to ‘aim’ or ‘intention’
81
Q

S6(5) MODA1975

A

In the absence of evidence to the contrary, a drug supplied to 18 yrs + has been sold. (Just a possession charge, E.g. giving a joint as bday present)

82
Q

DAMAGES BY FIRE

FIRE

A

DAMAGES BY FIRE

Two elements.

First is damage and the second that the damage was either caused by fire or explosive.

&

R v Archer

FIRE

Is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggerred by heat.

of note:

Molotov cocktail is ‘damages by fire’

83
Q

VEHICLE

SHIP

AIRCRAFT

IMMOVEABLE PROPERTY

A

VEHICLE

Is equipped with wheels on which it moves.

SHIP

A vessel used in navigation, however propelled.

AIRCRAFT

Machine that can derive support in the atmosphere.

IMMOVEABLE PROPERTY

Fixed in place and unable to be moved, even though possible to make it moveable. (E.g. tree or house)

84
Q

KNOWS OR OUGHT TO KNOW

DANGER TO LIFE

LIKELY TO ENSUE

INTEREST (IN PROPERTY)

A

KNOWS OR OUGHT TO KNOW

Involves a mixed subjective/objective test as to degree of knowledge.

DANGER TO LIFE

Human life, other than defendant.

LIKELY TO ENSUE

Form of recklessness rather than strict knowledge.

INTEREST (IN PROPERTY)

Tenancy of a property.

85
Q

OBTAIN

BENEFIT

CAUSE LOSS

NO INTEREST

A

OBTAIN

To obtain or retain for himself/herself/any person. Includes some deception.

BENEFIT

Any benefit, pecuniary advantage, privilege, property, service or valuable consideration.

CAUSE LOSS

Involves financial detriment to the victim.

NO INTEREST

No financial interest, interest or claim, to the property they’re burning.

86
Q

S267(2) CA1961

A

Arson

(a)

Intentionally or recklessly

Without claim of right

Damages by fire or damages by means of any explosive

Any property (other than mentioned in (1))

In which that person has no interest

(b)

Intentionally or recklessly

Damages by fire or damages by means of any explosive

Any property (other than mentioned in (1))

With intent to obtain any benefit or with intent to cause loss to any person

87
Q

SERVICE (DECEPTION)

PECUNIARY ADVANTAGE

VALUABLE CONSIDERATION

USES OR ATTEMPTS TO USE

A

SERVICE (DECEPTION)

Service is limited to financial or economic value, and excludes privileges or benefits. (R v Cara)

PECUNIARY ADVANTAGE

Anything that enhances the accused’s financial position. (Hayes v R)

Economic or monetary advantage.

VALUABLE CONSIDERATION

Anything capable of being valuable consideration. Money or moneys worth. (Hayes v R)

USES OR ATTEMPTS TO USE

An unsuccessful use of a document is as much use as a successful one.

(Hayes v R)

88
Q

DECEPTION

of note:

material particular is an important, essential, or relevant detail or item.

A

S240(2)

(a)

false representation, intent to deceive, knowledge or recklessness as to whether representation is false in material particular, the person was deceived. (action)

(b)

omission to disclose material particular, intent to deceive, in circumstances there is duty to disclose. (omission)

(c)

fraudulent device, trick or stratagem, intent to deceive.

Must prove:

  1. Intent to deceive.
  2. A representation by defendant:
    - conduct
    - words
    - documentary
  3. Knew/reckless that material particular is false.
89
Q

PRIVILEGE / BENEFIT

TITLE / OWNERSHIP

VOIDABLE TITLE

CONTROL

DEBT

LIABILITY

CREDIT

A

PRIVILEGE / BENEFIT

A special right, advantage, not limited to pecuniary / monetary / financial gain.

TITLE / OWNERSHIP

The legal right of ownership to the goods. “a right or claim to ownership of the property”

VOIDABLE TITLE

Title obtained by deception.

CONTROL

The power of directing, command.

DEBT

Money owing from one person to another. Legally enforceable.

LIABILITY

Legally enforceable financial obligation to pay.

CREDIT

Involves varied time periods.

Can obtain through 3rd party.

Credit is tangible.

90
Q

INDUCES

DELIVER OVER

EXECUTE

MAKE

ACCEPT

ENDORSE

DESTROY

ALTER

LOSS

A

INDUCES

To pursuade, bring about or give rise to. (False representation believed & money parted with by victim)

DELIVER OVER

Surrender up someone, something.

EXECUTE

Put a course of action into effect.

MAKE

Cause something to exist or come about, bring about.

ACCEPT

Receive something.

ENDORSE

Write or sign a document.

DESTROY

End the existence of something by damaging it.

ALTER

Change in character/composition.

LOSS

Involves financial detriment DIRECTLY

More than trivial.

of note:

Do not need to prove defendant made financial gain or that the loss was intentionally caused.

91
Q

S198(1)(c) CA1961

S198(2) CA1961

A

S198(1)(c) CA1961

With intent to do GBH

Sets fire to any property

S198(2) CA1961

With intent to injure or with reckless disregard for the safety of others

does any act referred to in (c)

(7 yrs imp)

92
Q

INJURIOUS SUBSTANCE OR DEVICE

USES IN ANY MANNER WHATEVER

USES ANY FIREARM

HAS ANY FIREARM WITH HIM OR HER

A

INJURIOUS SUBSTANCE OR DEVICE

Covers a range of things capable of causing harm to a person. (E.g. letter with anthrax powder mailed to someone, or a live electric fence)

of note:

Not necessary for explosion to occur. Offence complete when substance/device sent/delivered/put in place. Substance MUST have capacity to explode or cause injury.

USES IN ANY MANNER WHATEVER

Handling or manipulating the firearm in a manner that conveys an implied threat may suffice. (E.g. could be used as a club)

(Police v Parker)

USES ANY FIREARM

Not the same as “whatever” meaning. Includes firing or presenting firearm or displaying it in a menacing manner.

HAS ANY FIREARM WITH HIM OR HER

Knowingly has firearm with them.

(R v Kelt)

93
Q

ACTING IN THE COURSE OF HIS OR HER DUTY

POLICING DUTIES

CONSTABLE

IMPRISONABLE OFFENCE

A

ACTING IN THE COURSE OF HIS OR HER DUTY

The term includes every lawful act a constable does while on duty and may include acts done where circumstances create a proffessional obligation for a constable to exercise policing duties while off duty.

Of note: If acting unlawfully, cant use this offence.

POLICING DUTIES

Arise under statute/common law. Include protecting life/property, preventing/detecting offences, apprehending offenders and keeping peace.

CONSTABLE

Police employee who holds the office of constable. S4 Policing Act 2008

IMPRISONABLE OFFENCE

Offence punishable for life or by a term of imprisonment. S5 Criminal Procedure Act 2011

94
Q

PRIMA FACIE

A

“At first appearance”

(Tuli v Police)

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