Elements Flashcards
Abduction for purposes of marriage or sexual connection - Section 208, Crimes Act 1961
- Everyone who
- Unlawfully
- Takes away / Detains
- A person
- Without their consent / with consent obtained by Fraud or Duress
• With intent to: o Marry him/her o Have sexual connection with him/her o To cause him/her to be married o To cause him/her to have sexual connection with some other person
KIDNAPPING - Section 209, Crimes Act 1961
- Everyone who
- Unlawfully
- Takes away / Detains
- A person
- Without their consent / with consent obtained by Fraud or Duress
• With intent to:
o Hold him/her for ransom / to service
o Cause him/her to be Confined / Imprisoned
o Cause him/her to be sent / taken out of NZ
Section 210, Crimes Act 1961, Abduction of young person under 16
• Everyone who • With intent to deprive o Parent o Guardian o person having lawful care / charge of • A young person • Of the possession of the young person • Unlawfully • Takes away / Detains • Young person
(2) Receives young person knowing he/she has been unlawfully taken away/detained
Immaterial whether young person consents, or is received at their own suggestion
Immaterial whether offender believes they are over 16.
ACCESSORY AFTER THE FACT - Section 71, Crimes Act 1961
• Person who
• Knowing any person to have been a party to the offence
o receives
o comforts
o assists
o tampers with evidence
o actively suppresses evidence against him
• To enable him to
o escape after arrest
o avoid arrest or detention
(doesn’t apply to married or civil union partners)
ATTEMPTS - Section 72, Crimes Act 1961
- Everyone who
- Having an intent to commit an offence
- Does / Omits an act
- For the purpose of accomplishing his object
- whether or not, in the circumstances, it was possible to commit the offence or not
PARTIES - Section 66, Crimes Act 1961
• (1) Everyone who
o Actually commits the offence
o Does / Omits an act for the purpose of aiding any person to commit offence
o Abets any person in commission of offence
o Incites / Counsels / Procures any person to commit offence
• (2) two or more persons form common intention to,
Prosecute any unlawful purpose and assist each other therein,
Each is a party to every offence committed by any one of them,
In the prosecution of the common purpose,
If the commission was known to be a probable consequence of the prosecution of the common purpose.
ROBBERY - Section 234, Crimes Act 1961
- Theft
- Accompanied by violence / threats of violence
- To any person / property
- Used to extort the property stolen
- Or prevent / overcome resistance to it being stolen
AGGRAVATED ROBBERY - Section 235, Crimes Act 1961
• Everyone who
• Robs
• Any person
And:
• Immediately before / At time of / immediately after - Causes GBH to any person
• Being together with any other person
• Being armed with any offensive weapon / instrument / any thing appearing to be weapon / instrument
ASSAULT WITH INTENT TO ROB - Section 236, Crimes Act 1961
- Everyone who
- With intent to rob any person
o Causes GBH to that person
o Being armed with any offensive weapon / instrument / thing appearing to be weapon/inst. -assaults that person (v)
o Being together with any other person – assaults that person (v)
Crimes Act 1961 -Section 188(1) – Wounding with intent to cause GBH
• Everyone who • With intent to cause GBH • To anyone o Wounds o Maims o Disfigures o Causes GBH • To any person
Crimes Act 1961 - Section 188(2) – Wounding with intent to injure
• Everyone who • With intent to injure anyone / with reckless disregard for the safety of others o Wounds o Maims o Disfigures o Causes GBH • To any person
Crimes Act 1961, Section 189, Injuring with intent
- (1) Everyone who
- With intent to cause GBH
- To anyone
- Injures
- Any person
- (2) Everyone who
- With intent to injure anyone / with reckless disregard for safety of others
- Injures
- Any person
Crimes Act 1961, Section 191 - Aggravated wounding or injury
• (1) Everyone who
• With intent to
o Commit / Facilitate the commission of any imprisonable offence
o Avoid detection of self / other person in commission of imprisonable offence
o Avoid arrest or facilitate flight of self / other person upon commission / attempted commission of imprisonable offence
• Wounds / maims / disfigures / causes GBH / renders unconscious / or by violent means
• Renders any person incapable of resistance
• (2) any intent above, INJURES any person
DRUG DEALING – Importing/exporting any controlled drug Imports into or exports from NZ, Misuse of Drugs Act 1975 Section 6 (1)(a)
- Person
- Import / Export
- From NZ
- Any controlled drug
- (other than Part 6 Schedule 3 – ie.
DRUG DEALING – Producing/manufacturing any controlled drug- Misuse of Drugs Act 1975 Section 6 (1)(b)
- Person
- Produce / manufacture
- Any controlled drug