Legislation Offences - Association, Arson, Deception Flashcards
sec 208 CA61 - Abduction
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
sec 209 CA61 - Kidnapping
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
Arson - sec 267(1)(a) CA61
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
Arson - sec 267(1)(b) CA61
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
Arson - sec 267(1)(c) CA61
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
Arson - sec 267(2) CA61
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
sec 268 CA61 - Attempted arson
10years
Everyone attempts to commit arson
Intentional Damage - sec 269 CA61
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
Accessory after the fact - sec 71 CA61
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
Parties - sec 66(1) CA61
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
Parties - sec 66(2) CA61
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
Attempts - sec 72(1) CA61
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
Receiving - sec 246(1) CA61
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)
Receiving - sec 246(3) CA61
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
Conspiracy - sec 310(1) CA61
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