Ingredients (sides) Flashcards
Ingredients - Definitions and case law
With a child / on a child
- Child def
- R v Forrest and Forrest
- Proving age def
Ingredients - Definitions and case law
Has sexual connection
- Sexual connection
- Penetration
- Proof of penetration
- Genitalia
- R v koroheke
Ingredients - Definitions and case law
With intent to commit sexual violation
- Intent def
- R v Mohan
- R v Waaka
- Sexual violation
5a. Rapes
5b. unlawful sexual connection - Sexual connection
Ingredients - Definitions and case law
Assaults another person
- Assault def
Ingredients - Definitions and case law
Has unlawful sexual connection
- Unlawful sexual connection def
- Sexual connection def
- Penetration def
- Proof of penetration
- Genitalia def**
- R v koroheke**
- Consent def
- R v cox
- Matters that do not constitute consent**
- Reasonable grounds
- R v gutuama
Ingredients - Definitions and case law
Rapes
- Rape def
- Penetration def
- Proof of penetration
- Genitalia def
- R v koroheke
- Penis def
- Consent def
- R v cox
- Matters that do not constitute consent**
- Reasonable grounds
- R v gutuama
Ingredients - Definitions and case law
With intent to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
- Intent to commit def
- R v Mohan
- R v Waaka
- R v Taisalika
- R v tihi
- Facilitate flight
- Imprisonable offence
- R v wati
Ingredients - Definitions and case law
With intent to avoid detection of himself or any other person in the commission of an imprisonable offence
- Intent to commit def
- R v Mohan
- R v Waaka
- R v Taisalika
- R v tihi
- Avoid detection
- Imprisonable offence
- R v wati
Ingredients - Definitions and case law
Injures
- Injure def
2. R v Donovan
Ingredients - Definitions and case law
With reckless disregard for the safety of others
- Intent def
- R v Mohan
- R v Waaka
- R v Taisalika
- With reckless disregard for the safety or others def
- R v harney
Ingredients - Definitions and case law
With intent to injure anyone
- Intent def
- R v Mohan
- R v Waaka
- R v Taisalika
- Injure def
- R v Donovan
Ingredients - Definitions and case law
With intent to cause GBH
- Intent def
- R v Mohan
- R v Waaka
- R v Taisalika
- GBH def
- DPP v smith
Ingredients - Definitions and case law
Any person, a person, everyone
- Person def
Ingredients - Definitions and case law
By any violent means renders that person incapable of resistance
- Any violent means def
2. R v crossan
Ingredients - Definitions and case law
Renders unconscious
- Renders unconscious def
Ingredients - Definitions and case law
Stupefies
- R v strum
Ingredients - Definitions and case law
Causes GBH
- GBH def
2. DPP v smith
Ingredients - Definitions and case law
Disfigures
- Disfigures def
2. R v rapana and Murray
Ingredients - Definitions and case law
Maims
- Maim def
Ingredients - Definitions and case law
Wounds
- R v waters
Ingredients - Definitions and case law
With intent to commit or facilitate the commission of any imprisonable offence
- Intent to commit def
- R v Mohan
- R v Waaka
- R v Taisalika
- R v tihi
- Facilitate the commission
- R v strum
- Imprisonable offence
- R v wati
Ingredients - Definitions and case law
Immediately after the robbery
- Immediately after def
Ingredients - Definitions and case law
Being together with any other person / persons
- Being together with def
- R v galey *** (agg rob only)
- R v Joyce
Ingredients - Definitions and case law
Causes GBH to any person
- GBH def
- DPP v smith
- Person
Ingredients - Definitions and case law
Immediately before the robbery
- Immediately before def
Ingredients - Definitions and case law
And at the time of the robbery
- At the time of def
Ingredients - Definitions and case law
Robs any person
- Robbery def
2. Person def
Ingredients - Definitions and case law
Prevent or overcome resistance to it being stolen
- Prevent, overcome resistance def
2. Property def
Ingredients - Definitions and case law
To any property
Property
Ingredients - Definitions and case law
Used to extort the property stolen
- Extort def
2. Property def
Ingredients - Definitions and case law
To any person
- To any person def
Ingredients - Definitions and case law
Accompanied by threats of violence
- Accompanied by
- R v maihi
- Threat of violence def
- R v Broughton
Ingredients - Definitions and case law
Accompanied by violence
- Accompanied by
- R v maihi
- Violence def
- Peneha v police
Ingredients - Definitions and case law
Theft
- Theft
- R v skivington
- R v Lapier
- Possession may be actual or constructive
- Actual possession OR Constructive possession
- Warner v metropolitan police commissioner (Actual only***)
Ingredients - Definitions and case law
Indecently assaults
- R v leeson
- Indecent act def
- R v court
- Assault
Ingredients - Definitions and case law
With a young person / on a young person
- Young person def
- R v Forrest and Forrest
- Proving age def
Ingredients - Definitions and case law
Does an indecent act
- Indecent act def
- R v court
- If such an act is done with consent
- Doing an indecent act includes indecent assault
Ingredients - Definitions and case law
offers to supply
- R V During
- R V Brown
- Supply
- Guilty knowledge
- R V Strawbridge
- Police V Emerali
Ingredients - Definitions and case law
Administers
- Administers
- Guilty knowledge
- R V Strawbridge
- Police V Emerali
Ingredients - Definitions and case law
Offers to administer
- Offering to administer
- R V During
- Administer(6(1)(b))/offers to administer (6(1)(c))
- Guilty knowledge
- R V Strawbridge
- Police V Emerali
Ingredients - Definitions and case law
otherwise deals in
- Otherwise deals in
- Guilty knowledge
- R V Strawbridge
- Police V Emerali
Ingredients - Definitions and case law
Supplies
- Supply
- R V Maginnis
- Guilty knowledge
- R V Strawbridge
- Police V Emerali
Ingredients - Definitions and case law
Class A Controlled drug
- Class A Controlled drug
2. Controlled drug
Ingredients - Definitions and case law
Produce OR Manufacture
- Produce or Manufacture
- R V Rua
- Complete
- Guilty knowledge
- R V Strawbridge
- Police V Emerali
Ingredients - Definitions and case law
Any controlled drug
- Controlled Drug
Ingredients - Definitions and case law
Imports into OR exports from New Zealand
- Imports OR exports
- Saxton V Police
- R V Hancox
- Guilty knowledge
- R V Strawbridge
- Police V Emerali
Ingredients - Definitions and case law
Assaults that person or any other person
- Assault def
2. Person def
Ingredients - Definitions and case law
With intent to rob any person
- Intent def
- R v Mohan
- R v Waaka
- Robbery def
- Person
Ingredients - Definitions and case law
Being armed with anything appearing to be such a weapon or instrument
- Being armed with def
2. Anything appearing to be such a weapon or instrument def
Ingredients - Definitions and case law
Being armed with an instrument
- Being armed with def
2. Instrument def
Ingredients - Definitions and case law
Being armed with an offensive weapon
- Being armed with def
2. Offensive weapon def
Ingredients - Definitions and case law
Robs
- Robbery def
Ingredients - Definitions and case law
Class B Controlled drug
- Class B Controlled drug
2. Controlled drug
Ingredients - Definitions and case law
For any of the purposes set out in Paragraphs (c),(d) or (e)
- Section 6(1)(c) OR 6(1)(d) OR 6(1)(e)
- Guilty knowledge
- Police V Emerali
- R V Strawbridge
- Dealing with controlled drugs - presumption
Ingredients - Definitions and case law
has in his possession
- Possession may be ……
- Actual Possession OR Constructive possession
- Warner V Metropolitan Police Commissioner (Actual only)
Ingredients - Definitions and case law
offers to sell
- Offers to sell
- R V During
- R V Brown
- Guilty knowledge
- R V Strawbridge
- Police V Emerali
Ingredients - Definitions and case law
To any person of or over the age of 18 years
- R V Forest & Forrest
- Proving age
- Person
Ingredients - Definitions and case law
Sells
- Sell
- Dealing with controlled drugs
- Guilty knowledge
- R V Strawbridge
- Police V Emerali
Ingredients - Definitions and case law
Class C Controlled drug
- Class C Controlled drug
2. Controlled drug
Ingredients - Definitions and case law
To any person under the age of 18 years
- R V Forest & Forrest
- Proving age
- Person
Ingredients - Definitions and case law
With intent to do GBH
- Intent def
- R V Mohan
- R V Waaka
- GBH def
- DPP V Smith
Ingredients - Definitions and case law
Discharges any firearm OR airgun OR similar weapon
- Discharges
2. Firearm OR Airgun OR Similar weapon
Ingredients - Definitions and case law
At any person
- R V Pekepo
2. Person
Ingredients - Definitions and case law
Sends or delivers to
- Sends to or delivers
2. Person
Ingredients - Definitions and case law
Puts in any place
- Puts in any place
Ingredients - Definitions and case law
Any explosive
- Explosive
2. completion of offence
Ingredients - Definitions and case law
injurious substance or device
- injurious substance or device
2. completion of offence
Ingredients - Definitions and case law
Sets fire
- Sets fire
Ingredients - Definitions and case law
Uses any firearm in any manner whatever
- Uses in any matter whatever
- Police V Parker
- Firearm
Ingredients - Definitions and case law
Against any Constable or any traffic officer or any prison officer acting in the course of his or her duty
- Against any Constable
2. Acting in the course of his or her duty
Ingredients - Definitions and case law
Knowing that person is a Constable or traffic officer or prison officer so acting
- Reckless
2. R V Harney
Ingredients - Definitions and case law
In committing any imprisonable offence
- must be in the …..
2. Imprisonable offence
Ingredients - Definitions and case law
Uses any firearm
- Uses
2. Firearm
Ingredients - definitions and caselaw
Unlawfully
- R V Chartrand
Ingredients - definitions and caselaw
Takes away or detains
- R V Crossan
2. R V Wellard OR R V Pryce
Ingredients - definitions and caselaw
Without his or her consent OR With his or her consent obtained by fraud OR duress
- Consent
- R V Cox
- To obtain consent by fraud***
- To obtain consent by duress***
- Section 209A***
Ingredients - definitions and caselaw
With intent to
(a) marry him or her
(b) have sexual connection with him or her
(c) cause him or her to be married to or to have sexual connection with some other person
- Intent
- R V Mohan
- R V Waaka
- R V Mohi
- (a) Marry OR
(b) sexual connection OR
(c) Cause to be married or have sexul connection with some other person
Ingredients - definitions and caselaw
With intent to
(a) To hold him or her for ransom or to service OR
(b) To cause him or her to be imprisoned or confined OR
(c) To cause him or her to be sent or taken out of New Zealand
(a) Ransom or Service OR (b) Confined or Imprisoned OR (c) Sent out of New Zealand or Taken out of New Zealand
Ingredients - definitions and caselaw
Intentionally OR Recklessly
- Intent def
- R V Mohan
- R V Waaka
OR
- Reckless def
R V Harney
Ingredients - definitions and caselaw
Damages by fire OR Damages by means of explosives
- Damages by fire def
- R V archer
OR
1 Explosive
Ingredients - definitions and caselaw
If he or she knows or ought to know that danger to life is likely to ensue
- Knowledge
2. life
Ingredients - definitions and caselaw
and without claim of right
- claim of right
Ingredients - definitions and caselaw
Any immovable property OR any vehicle OR ship OR Aircraft in which that person has no interest
- Immovable property
- Property
- Person
OR
- vehicle
- Person
OR
- Ship
- Person
OR
- Aircraft
- Person
Ingredients - definitions and caselaw
Intentionally
- Intent
- R V Mohan
- R V Waaka
Ingredients - definitions and caselaw
Any immovable property OR any vehicle OR ship OR Aircraft
- Immovable property
- Property
OR
- vehicle
OR
- Ship
OR
- Aircraft
Ingredients - definitions and caselaw
With intent to obtain any benefit OR cause loss to any other person
- Intent
- R V Waaka
- R V Mohan
- Obtain
- Benefit
- Person (plus extra)
OR
- Intent
- R V Waaka
- R V Mohan
- Loss
- Person (plus extra)
Ingredients - definitions and caselaw Any property (other than property listed on section 267(1) in which that person has no interest
- Property
2. Person
Ingredients - definitions and case law
Knowing any person to be a party to an offence
- knowing
- Knowledge
- R V Crooks
- R V Briggs
- Person
- Party
- offence
- defence
Ingredients - definitions and case law
Receives, comforts or assists that person OR tampers with or actively suppresses any evidence against him
- Receives, comforts or assists OR tampers with or actively suppresses any evidence
Ingredients - definitions and case law
In order to help him to escape after arrest OR to avoid arrest or conviction
- R V Mane
- The act must have specifically…..
OR
- Evades justice
Ingredient - definitions and caselaw
With intent to commit an imprisonable offence in the building or ship
- Intent
- R V Waaka
- R V Mohan
- An imprisonable offence
- Building OR Ship
Ingredient - definitions and caselaw
Having entered
- Having
2. Entry
Ingredient - definitions and caselaw
remains in it without autority
- Remaining
- Physical element
- Authority
- R V Keen
- R V Collins
OR
- Remaining
- Continuing act
- Authority
- R V Keen
- R V Collins
Ingredient - definitions and caselaw
While committing burglary
- While committing
2. Burglary
Ingredient - definitions and caselaw
Has a weapon with him/her OR uses anything as a weapon
- Has
- Police V Pitman
OR
- Uses
- R V Steele
- Anything as a weapon
Ingredient - definitions and caselaw
Having committed burglary
- Burglary
Ingredient - definitions and caselaw
While still in that building or ship
- Still be present
2. Building OR Ship
Ingredient - definitions and caselaw
Without authority
- Authority
- R V Keen
- R V Collins
ingredients - definitions and caselaw
Enters
- Entry
ingredients - definitions and caselaw
Any building OR ship
- building
- Pritchard V Police
- Includes
OR
1. Ship
Ingredients - definitions and caselaw
Knowing that property to have been stolen or obtained by any imprisonable offence OR Being reckless as to whether that property had been stolen or so obtained
- Knowledge
- R V Kennedy
- Property
OR
- Reckless
- R V Harney
- Property
Ingredients - definitions and caselaw
Stolen OR Obtained by any other imprisonable offence
- Stolen
OR
- Obtains
- An imprisonable offence
Ingredients - definitions and caselaw Any property (receiving)
- Property
2. R V Lucinsky
Ingredients - definitions and caselaw
Receives
- Receiving
- Possession may be…..
- Actual possession OR Constructive possession
- Warner V Metropolitan Police Commissioner (Actual only) OR Sullivan V Earl of Caithness (Constructive only)
- R V Donnelly
Ingredient - definitions and caselaw
Conspires
- R V Mulcahy
- The conspiratorial agreement requires….
- Actus reus
- Mens Rea
- R V Sander
Ingredient - definitions and caselaw
with any person
- Between two or more persons
- Section 67, Crimes Act 1961
- R V White
- Person
Ingredient - definitions and caselaw
to commit an offence
- Offence
2. Churchill V Walton
Ingredient - definition and caselaw
With intent to obtain any property, service, pecuniary advantage or valuable consideration
- Intent
- R V Mohan
- R V Waaka
- Obtain
- Property OR Service OR Pecuniary advantage and Hayes V R (P.A) OR Hayes V R (V.C)
Ingredient - definition and caselaw
Dishonestly
- Dishonestly
2. Hayes V R (Dishonestly)
Ingredient - definition and caselaw
without claim of right
- Claim of right
Ingredient - definition and caselaw
Takes OR obtains any document
- Takes OR obtains
- Document
- R V Misic
Ingredient - definition and caselaw
Uses or attempts to use any document
- Uses or attempts to use
- Hayes V R (unsuccessful use)
- Document
- R V Misic
Ingredient - definition and caselaw
By any deception
- Deception
- False representation
- Intent to deceive
- R V Morley
- R V Laverty
Ingredient - definition and caselaw
Obtains possession or Control over any property OR Privilege
OR service OR Pecuniary advantage OR benefit OR Valuable consideration
- Obtains
- Possession may be….
- Actual possession OR Constructive possession
- Warner V Metropolitan Police Commisioner (Actual only)
- property OR Privilege
OR service OR Pecuniary advantage OR benefit OR Valuable consideration
Ingredient - definition and caselaw
In incurring any debt OR liability
- Debt OR Liability
Ingredient - definition and caselaw
Obtains credit
- Fisher V Raven
2. R V Mckay
Ingredient - definition and caselaw
Causes loss to any person
- Loss
2. Person (extra if relates to scenario)