Extras Flashcards
Incapable of resistance?
R v Crossan - a mere threat may not be sufficient, the circumstantial violent means must cause the victim to submit to his will in fear he will carry out threat.
What is an accusation?
An allegation that a person is guilty of criminal conduct.
What are the five phases of Blackmail investigation
- Initial Report Phase
- Mobilization Phase
- Consolidation Phase
- Investigation and Operational Phase
- Reactive phase
Two fold test for intent ?
R v Tihi
- In addition to one of the intents in A B or C of the offence, the offender must intend the specified harm or have been reckless in his actions.
Stupifies?
R v Sturm - an effect on the mind or nervous system which interferes with a persons ability to hinder an intended crime.
Injurious substance/device? An example?
A thing capable of causing harm to a person.
- Anthrax in an envelope.
Can a charge of 198A stand up in a cop was trespassing at the time?
No, as the ingredient of acting in his lawful duty is negated.
Proving intent in serious assault cases?
- Prior threats.
- Evidence of premeditation.
- The use of a weapon
- Whether any weapon used was opportunistic or purposely brought.
- The number of blows.
- The degree of force used.
- Body parts targeted by offender.
- The degree of resistance or helplessness of the victim.
Doctrine of Transferred Malice?
It is not necessary that the person suffering harm was the intended victim and thus accounts for mistaken identity or accidental harm caused by offender.
R v Hunt
Defendant intended to stab the property owner but wounded his servant instead.
Difference between migrant smuggling and people trafficking?
Migrant smuggling - freely consenting to come to NZ as an illegal immigrant.
People trafficking - coerced or deceived into NZ.
Three intents for Kidnapping?
To be held for ransom or service.
To be confined or imprisoned.
To be taken or sent out of NZ.
