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
DRUG DEALING – Supplying any Class A or B controlled drug Supplies - Misuse of Drugs Act 1975 Section 6 (1)(c)
- Person
- Supply / administer / or otherwise deal with
- Any Class A or Class B controlled drug
- To any person
DRUG DEALING – Supplying any Class C controlled drug to person under 18 years- Misuse of Drugs Act 1975 Section 6 (1)(d)
- Person
- Supply / administer / offer to supply administer
- Any Class C controlled drug
- To person under 18 years
DRUG DEALING – Sell, or offer to sell, any Class C controlled drug to person of or over 18 years- Misuse of Drugs Act 1975 Section 6(1)(e)
- Person
- Sell / offer to sell
- Any Class C controlled drug
- To person under 18 years
DRUG DEALING – Possession of controlled drugs for supply- Misuse of Drugs Act 1975 Section 6 (1)(f)
- Person
- Have any drug in his possession
- For any purpose in c – e
SEXUAL VIOLATION Crimes Act 1961 Sn 128(1)
(a) BY RAPE
(b) BY UNLAWFUL SEXUAL CONNECTION
SEXUAL VIOLATION BY RAPE Crimes Act 1961 Sn 128(1)(a)
• Person who
• Rapes
• Another person
Discuss:
o Rape: person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia (vagina) by person A’s penis
o Without consent to the connection AND without believing on reasonable grounds that person B is consenting
o Penetration
o Genitalia
o Penis
SEXUAL VIOLATION BY UNLAWFUL SEXUAL CONNECTION Crimes Act 1961 Sn 128(1)(b)
• Person who
• Has unlawful sexual connection
• With another person
Discuss:
o Unlawful Sexual connection: Person A has sexual connection with person B
o Without consent to the connection AND without believing on reasonable grounds that person B is consenting
o Sexual connection – Sn2 CA: Connection effected by introduction into genitalia or anus of one person otherwise than for genuine medical purposes of…
- Part of the body of another
- Object held or manipulated by another
- Connection between mouth or tongue of one person and a part of another person’s genitalia or anus
o The continuation of connection of a kind above
ATTEMPTS TO COMMIT SEXUAL VIOLATION Crimes Act 1961, 129(1)
• Person who
• Having intent to commit rape / unlawful sexual violation
• Of another
(must prove at time of conduct that they:
o Intended to have sexual connection
o Complainant did not consent to sexual connection
o Defendant did not believe on reasonable grounds the complainant was consenting
ASSAULT WITH INTENT TO COMMIT SEXUAL VIOLATION Crimes Act 1961- 129(2)
• Assault
- Another person
• With intent
• To commit sexual violation
SEXUAL CONDUCT WITH A CHILD UNDER 12 –Crimes Act 1961 Sn 132 (1)
- Everyone who
• Attempts to have sexual connection
• With a child
SEXUAL CONDUCT WITH A CHILD UNDER 12 –Crimes Act 1961 Sn 132 (2)
- Everyone who
- Attempts to have sexual connection
- With a child
SEXUAL CONDUCT WITH A CHILD UNDER 12 –Crimes Act 1961 Sn 132 (3)
- Everyone who
- Does an indecent act
- On a child
SEXUAL CONDUCT WITH A CHILD UNDER 12 –Crimes Act 1961 Sn 132 Defence/requirements
- No defence that person believed child was of / over 12 years
- No defence that child consented
- Child = person under 12
- Doing indecent act includes indecently assaulting child (includes doing indecent act on them or them on the offender)
SEXUAL CONDUCT WITH A YOUNG PERSON UNDER 16 – Sn 134
- (1) Everyone who
- Has sexual connection
- With young person
- (2) Everyone who
- Attempts to have sexual connection
- With young person
- (3) everyone who
- Does indecent act
- on young person
SEXUAL CONDUCT - Sexual connection with a young person – Crimes Act 1961 Sn 134 (1)
- Everyone who
- Has sexual connection
- With young person
SEXUAL CONDUCT - Attempted sexual connection with a young person – Crimes Act 1961 Sn 134 (2)
- Everyone who
- Attempts to have sexual connection
- With young person
SEXUAL CONDUCT - Indecent act on a young person – Crimes Act 1961 Sn 134 (3)
- Everyone who
- Does indecent act
- on young person
INDECENT ASSAULT – Crimes Act 1961 Sn135
- Everyone who
- Indecently
- Assaults
- Another person
Deception - Section 240 Crimes Act 1961 - (1)(a): obtaining by deception or causing loss by deception
- Obtains
- Deception
- Without claim of right
- Obtains
- Ownership; or possession of; or control over
- Any property; or
- Any privilege, service, pecuniary advantage, benefit or valuable consideration
Deception - Section 240 Crimes Act 1961 - (1)(b): obtaining by deception or causing loss by deception
- Deception
- Without claim of right
- Debt or liability incurred
- Obtains
- Credit
Deception - Section 240 Crimes Act 1961 - (1)(d): obtaining by deception or causing loss by deception
- Deception
- Without claim of right
- Cause
- Loss
- To any other person
