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DDC > Exam 3 > Flashcards

Exam 3 Flashcards

1
Q

What is R v Collister

A

Circumstantial evidence can infer an offender’s intent

Words or actions before, during or after the event

The surrounding circumstances

The nature of the act itself

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2
Q

What is the case law in regards to recklessness

A

Cameron v R and R v Tipple

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3
Q

What is R v Cameron

A

Recklessness is established if the defendant recognizes there is a real possibility that

His/her actions would bring about the proscribed result

the proscribed circumstances existed

In regard to that risk, his/her actions were unreasonable

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4
Q

What is R v Tipple

A

A conscious appreciation of the risk and made a deliberate decision to run that risk

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5
Q

What are the elements of Abduction s208(b)

A

Unlawfully

takes away
OR
detains

any person

without their consent
OR
With consent obtained by fraud or duress

with intent to have sexual connection with the person

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6
Q

What are the elements of Abduction s208(c)

A

Unlawfully

Takes away
OR
Detains

any person

without their consent
OR
With consent obtained by fraud or duress

With intent to cause the person to go through a form of marriage or civil union
OR
With intent to cause the person to have sexual connection with any other person

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7
Q

What is R v Crossan (Kidnaps/Abducts)

A

Taking away and detaining are separate and distinct offences

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8
Q

What is R v Wellard

A

Kidnapping is the deprivation of liberty coupled with carrying away from the place a victim wants to be

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9
Q

What is R v Pryce

A

Detaining is to keep in confinement or custody

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10
Q

What is R v Cox (consent)

A

Consent must be full, voluntary, free and informed. Voluntarily and freely given by someone in a position to form a rational judgement

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11
Q

What is consent obtained by fraud

A

agreeing to a proposition by misrepresenting the facts or intentions

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12
Q

What is consent obtained by duress

A

violence or the threat of violence, expressed or implied to the victim or another person

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13
Q

What is R v Mohi

A

Offence is committed at the time of the taking, as long as at that moment there is necessary intent

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14
Q

What case law relates to Kidnapping and Abduction

A

R v Mohi, R v Wellard, R v Crossan, R v Pryce, R v Cox

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15
Q

What is ransom

A

Sum of money demanded or paid for the release of a person held captive

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16
Q

What is service

A

A slave

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17
Q

What is confining

A

restricting a person’s movements to a geographical area, exercising control and influence

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18
Q

What are the elements of Kidnapping s209(a)

A

Unlawfully

takes away
OR
detains

any person

without consent
OR
With consent obtained by fraud or duress

with intent to hold him or her for ransom or service

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19
Q

What does unlawfully mean

A

Without lawful justification or excuse

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20
Q

What are the elements of Kidnapping s209(b)

A

Unlawfully

Takes away
OR
Detains

Any person

Without their consent
OR
With consent obtained by fraud or duress

with intent to cause him or her to be confined or imprisoned

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21
Q

What are the elements of kidnapping s209(c)

A

Unlawfully

Takes away
OR
Detains

Any person

Without their consent
OR
With consent obtained by fraud or duress

With intent to cause him or her to be sent or taken out of NZ

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22
Q

What is Dishonestly

A

an act without a belief of implied or expressed consent by the owner

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23
Q

What is claim of right

A

a belief of proprietary or possessory right to the property at the time of the act

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24
Q

What is takes

A

to move an item or cause an item to be moved

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25
Q

What is R v Cox possesion

A

Mental and physical aspect

Physical - actual or potential custody or control

mental - knowledge and intent

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26
Q

What are the elements of Manufacture/Produce 6(1)(b) MODA 1975

A

Manufacture
OR
Produce

Any controlled drug

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27
Q

What does produce mean

A

bring something into being, change something from its original substance

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28
Q

What does manufacture mean

A

synthesis - creating a new substance from combining raw materials and components

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29
Q

What is R v Rua

A

form of process which changes the original substance into a controlled drug

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30
Q

What are two case law associated with all drug offences

A

R v Strawbridge and Police v Emerali

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31
Q

What is R v Strawbridge

A

Knowledge of the drug is presumed unless there is evidence to the contrary. Crown do not have to prove knowledge.

In liabilities still write knowledge if there is evidence

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32
Q

What is Police v Emerali

A

Usable Quantity

The serious offence of possession of a narcotic does not extend to a minute or useless residue of the substance

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33
Q

What act and section are lists of a controlled drug found

A

Section 2 MODA75

Schedule 1 for Class A
Schedule 2 for Class B
Schedule 3 for Class C

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34
Q

What are the elements for s6(1)(c) MODA75

A

Supply
OR
Administer
OR
Offer to Supply
OR
Offer to Administer
OR
Otherwise deal in

Any class A or class B controlled drug

To any other person

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35
Q

What does supply mean

A

Distribute, give or sell

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36
Q

What does distribution mean

A

Supply of drugs to multiple persons

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37
Q

What does give mean

A

to hand to over custody to a willing recipient

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38
Q

what does sell mean

A

Exchange of goods in return for valuable consideration

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39
Q

Do you have to physically hand over the goods to complete give

A

No, you can passively permit someone to help themselves to a cache of drugs

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40
Q

What does administer mean

A

To direct and cause a drug to be taken into the system of another person. With consent or without

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41
Q

What is R v Knox

A

if someone deposits drugs with you for safekeeping then you are still having possession with intent to supply if you intend to return the drugs to them later

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42
Q

What are the two things you must prove in an offer to supply

A

communication of the offer (actus reus)

the intention that the other person believed the offer to be genuine (mens rea)

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43
Q

What is the case law regarding offers to supply

A

R v During and R v Brown

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44
Q

What is R v During

A

The intimation from one person to another that they are ready to supply on request

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45
Q

What is R v Brown

A

The intimation was made with the intention that it is understood to be genuine

4 ways

offer to supply drugs on hand

offer to supply drugs to be procured at a future date

offer a drug that mistakenly believes he can supply

offers to supply a drug deceitfully, knows he won’t supply

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46
Q

What are the elements of Supplying class C to person under 18 years 6(1)(d) MODA75

A

Supply
OR
Administer
OR
Offer to supply
OR
Offer to administer

Any class C controlled drug

to any person under 18 years of age

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47
Q

What is R v Forrest and Forrest

A

The prosecution should adduce the best evidence possible when proving age of a victim

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48
Q

What are the elements for Sell/offer to sell a Class C controlled drug to a person 18+

A

Sell
OR
Offer to sell

any class C controlled drug

To any person of or over 18 years of age

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49
Q

What are the elements of possession of a controlled drug for supply 6(1)(f) MODA75

A

Has in his possession

Any controlled drug

for the purposes set out in paragraph (c), (d), (e) of s6(1) MODA75

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50
Q

What does control mean

A

to exercise a dominating or authoritative influence over something

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51
Q

What case law relates to drug possession and explain it

A

R v Cox

Possession involves two elements, physical and mental

Physical - actual or potential control or custody

mental - knowledge and intent

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52
Q

explain the two parts of the mental part of possession

A

knowledge the controlled drug is in their possession and an intent to exercise possession

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53
Q

explain the two options of the physical part of possession

A

actual control or custody - the drug is on their person or in their home, vehicle etc

potential control - the drug is in someone else’s possession on behalf

54
Q

What are the four things the crown needs to prove regarding possession

A

knowledge the drug exists (is there)

knowledge that it is a controlled drug (characteristics)

some degree of control over it (actual or potential)

an intention to possess it (Collister/6(6)

55
Q

Explain presumptive amount

A

Section 6(6) MODA1975 possession of and over certain amounts are presumed for supply unless they can prove otherwise

56
Q

explain intent in drug possession and how it is proven

A

commit a deliberate act to get a specific result - proven by circumstantial evidence (R v Collister) and presumptive amount 6(6) MODA1975

57
Q

According to S2(1A) MODA75 what are the presumptive amounts for meth, coke, heroin, MDMA, cannabis oil, cannabis plant

A

meth - 5g
coke - 0.5g
heroin - 0.5g
MDMA - 5g
cannabis oil - 5g
cannabis plant - 1oz(28g) or 100 cigarettes

58
Q

Explain chain of causation

A

a connection between the actions of the defendant and final consequence must exist

59
Q

What are five statutory defences listed in the CA1961

A

Infancy
Insanity
Compulsion
Defence of self or others
Defence of property

60
Q

What are the six common law defences

A

Intoxication
Sane Automatism
Mistaken
Necessity
Consent
Impossibility

61
Q

What is conspiracy

A

an agreement between two or more persons to commit an offence

62
Q

in regard to conspiracy, what is an agreement

A

follow a course of conduct, plot or plan

63
Q

is the agreement in conspiracy an act?

A

yes, is it is the actus reus, doesn’t need to carry out any related tasks

64
Q

Can you charge someone with conspiracy if other parties are not identified

A

yes, R v White

65
Q

If any part of the offence is planned to occur in NZ is the conspiracy deemed to have occurred in NZ if parties involved are overseas?

A

Yes

66
Q

What does the judge decide regarding attempts

A

If the defendant has left the preparation stage and is trying to effect completion of the offence

67
Q

Can a person be charged with attempts if the offence was physically impossible to commit

A

yes

68
Q

What are the two factors for proximity in regard to attempts

A

Has the offender done anything more than getting himself in position to embark on an attempt

has the offender commenced execution

69
Q

What are four ways someone can be party to an offence under s66(1) CA1961

A

actually commits the offence

does or omits any act in aiding a person

abets

incites, counsels, procures

70
Q

What do you need to prove regarding party to an offence

A

the identity of the offender

the offence has been successfully committed

actually commits the offence

does or omits any act

abets

incites, counsels, procures

71
Q

What is probable consequence

A

one offender must actually foresee the likelihood of their co-offender committing another offence while in the commission of the original offence

72
Q

What is an accessory after the fact?

A

knowing any person to have been party to an offence

receives, comforts or assists that person or tampers with or actively suppresses evidence…. in order to enable to escape after arrest or avoid arrest or conviction

73
Q

What is CADD

A

Concealed
Altered
Damaged
Destroyed

74
Q

What is the definition of consent

A

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

75
Q

What are the elements for Kidnapping s209(1)(a)

A

Unlawfully

Takes away
OR
Detains

Any person

Without their consent
OR
With consent obtained by fraud or duress

with intent to hold him or her for ransom or service

76
Q

What are the elements for Kidnapping s209(1)(b)

A

Unlawfully

Takes away
OR
Detains

Any person

Without their consent
OR
With consent obtained by fraud or duress

With intent to cause him or her to be confined or imprisoned

77
Q

What are the elements for Kidnapping s209(1)(c)

A

Unlawfully

Takes away
OR
Detains

Any person

Without their consent
OR
With consent obtained by fraud or duress

With intent to cause him or her to be sent or taken out of NZ

78
Q

Explain R v Crossan in relation to Kidnapping/Abduction

A

Detaining and Taking away are two distinct offences

79
Q

What is the definition of taking away as per case law

A

R v Wellard

Deprivation of liberty coupled by carrying away from a place the victim wants to be.

80
Q

What is the definition of detaining as per case law

A

R v Pryce

keep in confinement or custody

81
Q

What is consent obtained by fraud

A

deceiving the victim into agreeing to a proposition by misrepresenting facts or intentions

82
Q

What is consent obtained by duress

A

consent after applied force or threats of applied force, implied or expressed

83
Q

What is case law regarding consent relating to kidnapping and abduction

A

R v Cox

Consent must be full voluntary, free and informed, voluntarily and consciously given by a person in a position to form a rational judgement

84
Q

What is the case law relating to intent for kidnapping abduction

A

R v Mohi

The offence is committed at the time of the taking just as long as at that moment there is the necessary intent

85
Q

What is unlawfully

A

Without lawful justification or excuse

86
Q

what is a ransom

A

a sum of money requested or paid for the release of a person being held captive

87
Q

what is confinement

A

restricting someone to a geographical area, exercising control and influence over victim

88
Q

What are the elements for Abduction s208(1)(a)

A

Unlawfully

Takes away
OR
detains

any person

without their consent
OR
With consent obtained by fraud or duress

With intent to go through a form of marriage or civil union

89
Q

What are the elements for Abduction s208(1)(b)

A

Unlawfully

Takes away
OR
detains

Any person

Without their consent
OR
With consent obtained by fraud or duress

With intent to have sexual connection with that person

90
Q

What are the elements for Abduction s208(1)(c)

A

Unlawfully

Takes away
OR
detains

Any person

Without their consent
OR
With consent obtained by fraud or duress

With intent to cause the person to go through a form of marriage or civil union or have sexual connection with any other person

91
Q

What is sexual connection

A

Sexual connection is connection effected by the introduction to the genitalia or anus of a person, except for genuine medical purpose,

A body part of another person

An object held or manipulated by another person

connection between the mouth or tongue of oner person and the genitalia or anus of another person

a continuation of a kind as set out in paragraphs a and b

92
Q

what is the offence for s228(1)(a) and its elements

A

Dishonestly taking a document

Dishonestly

Without claim of right

takes or obtains

any document

with intent to obtain any

Pecuniary advantage
valuable consideration
service
property

93
Q

what is the offence for s228(1)(b) and its elements

A

Dishonestly

Without claim of right

uses or attempts to use

any document

with intent to obtain any

property
service
pecuniary advantage
valuable consideration

94
Q

What does dishonestly mean

A

no belief at the time of act or omission of expressed or implied consent by a entitled person

95
Q

What is claim of right

A

a proprietary or possessory right to the item at the time of the act

can be based on mistake and item must relate to the offence

96
Q

what is takes

A

moving the item or causing the item to be moved

97
Q

what is obtains

A

to retain for himself/herself, acquire

98
Q

Explain Hayes v R regarding use of the doocument

A

a successful use of the document is as much use as an unsuccessful one

99
Q

according to case law, what is a document

A

R v Misic

anything that can provides information, evidence or record

100
Q

what is property

A

real or personal property

101
Q

According to case law, what is service

A

R v Cara

anything of economic or financial benefit

102
Q

According to case law, what is pecuniary advantage

A

Hayes v R, anything that enhances the defendant’s financial position

103
Q

According to case law, what is valuable consideration

A

anything capable of being valuable consideration

104
Q

What are the elements of s240(1)(a)

A

Obtains by Deception

By any deception

Without claim of right

Obtains

possession
OR
control over
OR
ownership

of any
service
liability
property
valuable consideration
pecuniary advantage
benefit

directly or indirectly

105
Q

what are the elements for 240(1)(b)

A

incurs by deception

By any deception

Without claim of right

in incurring any
debt
liability

obtains credit

106
Q

What are the elements for 240(1)(d)

A

Causes loss by deception

By any deception

Without claim of right

causes loss to any other person

107
Q

What is deception

A

an omission or false representation of the facts along with an intent to deceive

108
Q

What are the three things required to prove intent to deceive

A

an intent to deceive

representation by the defendant

representation was false, the defendant knew or was reckless

109
Q

What is a debt

A

money owed to another person

110
Q

what is a liability

A

legally enforceable financial obligation to pay

111
Q

what is a loss

A

direct financial detriment to the victim

112
Q

what is title

A

the legal right to property

113
Q

can a thief ever get title

A

No

114
Q

What is voidable title

A

title obtained by deception, duress, fraud or misrepresentation

115
Q

what is needed to void title

A

judicial determination

116
Q

What are the elements for S198(1)(a)

A

Discharge firearm with intent

With intent to do GBH

Discharges any
firearm
airgun
any similar weapon

At any person

117
Q

What are the elements for s198(1)(b)

A

with intent to do GBH

sends any person
OR
delivers to any person
OR
puts in any place

any explosive on injurious substance

118
Q

What are the elements of s198B(1)(a) CA 1961

A

Commision of a crime with firearm

In committing any imprisonable offence

uses any firearm

119
Q

What are the elements of s198B(1)(b)

A

Commission of crime with firearm

while committing any imprisonable offence

has any firearm with him or her

in circumstances prima facie show an intention to use it in connection with that imprisonable offence

120
Q

What are the elements of s198A(1)(a)

A

uses any firearm in any manner whatever

against any constable, prison officer or traffic officer

acting in the course of his or her duty

knowing that, or being reckless whether or not that the person is a constable, traffic officer or prison officer, so acting

121
Q

what are the elements for s198A(1)(b)

A

uses any firearm in any manner whatever

with intent to resist the lawful arrest or detention of himself, herself or any other person

122
Q

What are the max prison terms for the 6 firearms offences

A

s198(1)(a) 14 years
s198(1)(b) 14 years
s198A(1)(a) 14 years

s198A(1)(b) 10 years
s198B(1)(a) 10 years
s198B(1)(b) 10 years

123
Q

what is the case law for GBH

A

DPP v Smith

Bodily harm is self-explanatory. Grievous means no more or no less than really serious.

124
Q

what is the case law in regards to discharge firearm

A

R v Pekepo

An intention to shoot a specific person or persons must be established

125
Q

What is the case law regarding bodily harm, two names

A

R v McArthur and R v Donovan

Hurt or injury calculated to interfere with the health and comfort of the victim. Need not be permanent but must be more than trifling or transitory.

126
Q

What is the case law relating to recklessness

A

Cameron v R

recklessness is established if the defendant recognizes the real possibility that

his or her actions could bring about the proscribed result

the proscribed circumstances exist

In regard to that risk, his or her actions are unreasonable

127
Q

what is the case law relating to any manner whatever

A

Police v Parker

use in any manner whatever is anything short of firing the weapon

128
Q

What is the case law relating to having a firearm

A

R v Kelt

physical link and immediate control over the weapon

129
Q

What is the case law relating to prima facie

A

Police v Tuli

sufficient to show intent in absence of evidence to the contrary

130
Q

What does prima facie mean

A

on the face of it

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