Legislation Offences - Association, Arson, Deception

Question 1

sec 208 CA61 - Abduction

Answer 1

14years
Everyone
Unlawfully takes away or detains a person
Without his/her consent, OR with his/her consent obtained by fraud or duress
With intent to :
a) marry him or her; OR
b) have sexual connection with him or her, OR
c) cause him or her to be married to, or have sexual connection with any other person.

Consider:
Pryce, Wellard, Mohi, Crossan

Question 2

sec 209 CA61 - Kidnapping

Answer 2

14years
Everyone
Unlawfully takes away or detains a person
Without his/her consent OR with his or her consent obtained by fraud or duress
With intent to:
a) hold him or her for ransom or service; OR
b) cause him or her to be imprisoned/confined; OR
c) cause him or her to be sent or taken out of NZ

Consider:
Pryce, Wellard, Mohi, Crossan

Question 3

Arson - sec 267(1)(a) CA61

Answer 3

1) 14years
Everyone commits arson who: 
a) Intentionally or recklessly
damages by fire or by means of explosive
any property
if he or she knows or ought to know that danger to life is likely to ensue

Question 4

Arson - sec 267(1)(b) CA61

Answer 4

1) 14years
Everyone commits arson who: 
b) Intentionally or recklessly
Without claim of right
damages by fire or by means of explosive
any immovable property, or vehicle or ship or aircraft
In which that person has no interest

Question 5

Arson - sec 267(1)(c) CA61

Answer 5

1) 14years
Everyone commits arson who
c) Intentionally or recklessly
without claim of right
damages by fire or by means of any explosive
Any immovable property or vehicle or ship or aircraft
With intent to obtain any benefit OR to cause loss to any other person

Question 6

Arson - sec 267(2) CA61

Answer 6

2) 7years
Everyone commits arson who:

a) Intentionally or recklessly
Without claim of right
Damages by fire or by means of any explosive
Any property in which that person has no interest

OR

b) Intentionally or recklessly
Damages by fire or by means of any explosive
Any property (other than property referred to in (1)
With intent to obtain any benefit Or to cause loss to any person

Question 7

sec 268 CA61 - Attempted arson

Answer 7

10years

Everyone attempts to commit arson

Question 8

Intentional Damage - sec 269 CA61

Answer 8

1) 10years
Everyone intentionally or recklessly
Destroys or damages any property
If he or she knows or ought to know that danger to life is likely to result

2) 7years
Everyone: 
a) intentionally or recklessly
without claim of right
destroys or damages any property in which that person has no interest 

OR

b) intentionally or recklessly
without claim of right
destroys or damages any property
with intent to obtain any benefit OR to cause loss to any person

3) 5years
Everyone
Intentionally destroys or damages any property
With reckless disregard for the safety of others

Question 9

Accessory after the fact - sec 71 CA61

Answer 9

1) Anyone who
Knowing any person to be a party to any offensive
Receives, comforts or assists that person, OR
Actively suppresses or tampers with evidence against that person
In order to help him or her escape after arrest, or to avoid arrest or conviction

(CONSIDER: Crooks, Briggs)

2) No married person whose spouse or civil union partner who has been party to an offence, shall be convicted of being an AATF to that person, or to their spouse and any other person

Sec 312 - Penalty section
If offence is: 
less than 10 years = 1/2 penalty
over 10years = 5 years
life = 7 years

Question 10

Parties - sec 66(1) CA61

Answer 10

1) Everyone is a party to and guilty of an offence who:
a) actually commits the offence; OR
b) does or omits an act for the purpose of aiding any person in the commission of the offence; OR
c) Abets any person to commit the offence; OR
d) Incites, counsels, procures any person to commit the offence

Question 11

Parties - sec 66(2) CA61

Answer 11

Where 2 or more persons form a common intention to prosecute any unlawful purpose and to assist each other therein, each of them is party to every offence committed by any one of them in the prosecution of their common purpose, if the commission of that offence was known to be a probably consequence of the prosecution of the common purpose

Question 12

Attempts - sec 72(1) CA61

Answer 12

Everyone who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing is object is guilty of an attempt to commit that offence, whether in the circumstances it was possible to commit that offence or not

Question 13

Receiving - sec 246(1) CA61

Answer 13

Everyone
Receives any property stolen or obtained by any imprisonable offence
Knowing that property to be stolen OR being reckless as to whether that property had been stolen or so obtained

Consider : Lucinsky, possession, Cox (possession)

Question 14

Receiving - sec 246(3) CA61

Answer 14

Receiving is complete as soon as the offender has either exclusively, or jointly with the thief or any other person, possession or control of the property, or helps in disposing or concealing of the property

Question 15

Conspiracy - sec 310(1) CA61

Answer 15

7years
Everyone 
Conspires with any other person 
To commit any offence, OR 
To do or omit in any part of the world
Anything of which the doing or omission of in NZ would be an offence

Question 16

takes/uses a document - sec 228 CA61

Answer 16

1) 7years
Everyone, with intent to obtain any property, service, pecuniary advantage or valuable consideration:
Dishonestly and without claim of right:

a) takes or obtains any document OR
b) uses or attempts to use any document

Question 17

Obtains by deception - sec 240(1) CA61

Answer 17

1) Everyone, obtains by deception OR causes loss by deception
By any deception, and without claim of right:

a) obtains ownership or possession of, or control over, any property, privilege, service, pecuniary advantage, benefit or valuable consideration
OR
b) in incurring any debt or liability, obtains credit
OR
c) induces or causes any other person to deliver over, execute, make, accept, endorse, destroy, or alter any document or thing capable of being used to derive a pecuniary advantage
OR
d) causes loss to any person

Question 18

Deception defined - sec 240(2) CA61

Answer 18

Deception means:

a) a false representation whether oral, documentary or by conduct, where the person making the representation intends to deceive any other person and:
i) knows that it is false in a material particular OR
ii) is reckless as to whether it is false in a material particular

b) an omission to disclose a material particular in circumstances where there is a duty to disclose it
c) a fraudulent device, trick or stratagem, used with intent to deceive any person