Good to know

Question 1

Possession

Answer 1

There are two elements to possession.

Physical element; requires the physical custody or control over the item.

Mental element; is a combination of both knowledge that the person possesses the item in question, and an intention to posses the item.

Question 2

Joint enterprise

Answer 2

Mere presence during the commission of robbery, without active participation, is not sufficient; the provision applies only to cases where the forces of two or more people acting together are deployed against the victim in the actual commission of the offence.

Question 3

Physical proximity

Answer 3

The term “together with” requires that two or more people are actually present and acting together in the commission of the robbery.

Question 4

Define incapable of resistance

Answer 4

A person is rendered incapable of resistance by violent means just as effectual as if they were physically incapable.

Eg - someone intending to take a victim and presenting a loaded gun at their head.

Question 5

Define being together with

Answer 5

R v Joyce - the Crown must establish that at least two persons were physically present at the time of the robbery was committed or the assault occurred.

Each must share an intent to steal using their collective force and each must play an active role in the robbery.

Question 6

What is the doctrine of transferred malice?

Answer 6

It means the person suffering the harm is not necessarily the intended victim. Where the defendant makes a mistake of identity or accidentally inflicts harm on another, he is still criminally responsible under the doctrine of transferred malice.

Question 7

What the three intents of kidnapping?

Answer 7

(a) intent to hold him or her for ransom or service.

(b) intent to cause him or her to be confined or imprisoned.

(c) intent to cause him or her to be sent or taken out of New Zealand

Question 8

Define injurious substance and give examples

Answer 8

It’s a harmful substance to a human.

Anthrax powder or boiling water

Question 9

What is R v Waters?

Answer 9

A breaking of the skin evidenced by the flow of blood. May be internal or external.

Question 10

What is stupefies?

Answer 10

To cause an effect on the mind or nervous system of a person, which really seriously interferes with that persons mental or physical ability to act in any way which might hinder an intended crime.

Question 11

Explain R v Skivington

Answer 11

Theft is an element of robbery, and if the honest belief that a man has a claim of right is a defence to theft, then it negates one of the elements in the offence of robbery, without proof of which the full offence is not made out.

Question 12

What are some examples of circumstantial evidence when proving intent in a serious assault case?

Answer 12

Prior threats

Evidence of premeditation

Use of a weapon

Whether any weapon used was opportunistic or purposely bought

The number of blows

The degree of force

The body parts targeted by the offender (eg head)

The degree of resistance or helplessness of the victim

Question 13

What is a statutory defence to Blackmail? Section 237, CA1961

Answer 13

A belief by the person making the threat that they are entitled to the benefit or cause the loss is not in itself a defence to a charge under 237(1), unless the threat is, in the circumstances, a reasonable and proper means for effecting his or her purpose

Question 14

What must the Crown prove for a conviction under s209? (Kidnapping)

Answer 14

The defendant took away or detained a person

Taking or detention was intentional or deliberate

Taking or detention was unlawful

Taking was done without that persons consent (or with consent gained by fraud or duress)

Question 15

What is the differences between migrant smuggling and people trafficking?

Answer 15

Consent - One freely wants to come into the country, the other is being deceived about why they are being brought into the country.

The purpose of the travel or movement

The relationship between the person moved and the people enabling the movement

Violence, intimidation or coercion

Liberty

Profit

Question 16

What are the investigative approaches in relation to people trafficking?

Answer 16

Reactive investigation - Victim led and often initiated by an approach to Police by the Victim or another person acting on behalf of the victim.

Proactive investigation - Police led. A combination of standard investigation techniques supplemented by intelligence resources to identify and locate the traffickers, gather evidence and instigate proceedings against them.

Disruptive investigation - Appropriate in circumstances where the level of risk to the Victim demands an immediate response, and pro-active or reactive approaches are not practical options.

Question 17

Summarise migrant smuggling

Answer 17

It involves a person who has freely consented to be brought into New Zealand as an illegal immigrant and is not subjected to coercion or deception.

Question 18

Summarise people trafficking

Answer 18

It involves a person who is brought into New Zealand by means of coercion and/or deception. People are often trafficked in order to exploit them in the destination country, eg as forced labour, for removal of their organs or most commonly, for sexual exploitation.

Question 19

What must be proved for a conviction under s210(1) of Crimes Act 1961?

Answer 19

The person took, enticed or detained a young person under the age 16 years

The taking, enticement or detention was deliberate or intentional

The taking, enticement or detention was from a person who had lawful care of the young person

The defendant knew the person had lawful care of the young person

Question 20

What must be proved for a conviction under s210(2) of Crimes Act 1961?

Answer 20

The defendant received a person under the age of 16 years

The receiving was deliberate or intentional

The defendant knew the young person had been unlawfully taken or enticed away or detained by another from a person having the lawful care or charge of him or her of the possession of that young person.

Question 21

For a conviction under 237(1), what must be proven? (Blackmail)

Answer 21

The identity of the suspect and they threatened expressly or by implication to:
Make any accusation against any person(whether living or dead) Or
Disclose something about any person (whether living or dead) Or
cause serious damage to property Or
Endanger the safety of any person with intent to:
Cause the person to whom the threat is made to act in accordance with the will of the person making the threat, and obtain any benefit or to cause loss to any other person.