Legislation offences - robbery, sex, serious assaults

Question 1

Aggravated burglary - sec 232 CA61

Answer 1

1) 14years
Everyone
a) while committing burglary has a weapon with him or her or uses anything as a weapon
OR
b) having committed burglary, has a weapon with him or her, or uses anything as a weapon while still in the building or ship

2) 5years
Everyone
Is armed with a weapon with intent to commit burglary

Question 2

Robbery - sec 234 CA61

Answer 2

1) Robbery is theft accompanied by violence or threats of violence
To any person or property
Used to extort the property stolen, or to prevent or overcome resistance to its being taken

2) 10years penalty for robbery

Consider: Skivington, Lapier, possession, Maihi, Peneha

Question 3

Aggravated robbery - sec 235 CA61

Answer 3

14years
Everyone

a) rob any person, and at the time of, or immediately before, or immediately after the robbery, causes GBH to any person
OR
b) being together with any other person or persons, robs any person;
OR
c) being armed with any offensive weapon, instrument or thing appearing to be such a weapon, robs any other person

Question 4

Assault with intent to rob - sec 236 CA61

Answer 4

1) 14years
Everyone, with intent to rob any person

a) causes GBH to that person or any other person
OR
b) being armed with any offensive weapon or instrument, assaults that person or any other person
OR
c) being together with any other person or persons, assaults that person or any other person

2) 7years
Everyone assaults any person
With intent to rob that person or any other person

Question 5

Blackmail - sec 237 CA61

Answer 5

1) Everyone
Threatens expressly or by implication to :

• make any accusation about 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:
a) cause the person to whom the threat is made to act in accordance with the will of the person making the threat
AND
b) to obtain any benefit or to cause loss to any other person

note: sec 238 provides penalty for blackmail of 14years imprisonment

Question 6

Demanding with intent to steal - sec 239 CA 61

Answer 6

1) 14years 
Everyone 
without claim of right
by force or with any threat
Compels any person to execute, make, accept, endorse, alter, or destroy any document capable of conferring a pecuniary advantage with intent to obtain any benefit

2) 7 years
Everyone
Menaces or by any threat
Demands any property from any persons with intent to steal

Question 7

Wounding with intent - sec 188 CA61

Answer 7

1) 14years
Everyone
with intent to cause GBH to anyone
Wounds, maims, disfigures or causes GBH to any person

2) Everyone
with intent to injure anyone OR with reckless disregard for the safety of others
Wounds, maims, disfigures or causes GBH to any person

Question 8

Injuring with intent - sec 189 CA61

Answer 8

1) 10years
Everyone
With intent to cause GBH to anyone
Injures any person

2) 5years
Everyone
With intent to injure anyone OR with reckless disregard for the safety of others
Injures any person

Question 9

Aggravated wounding / injury sec 191 CA61

Answer 9

1)14years
Everyone, with intent :

a) to commit or facilitate the commission of any imprisonable offence
OR
b) to avoid the detection of himself or any other person in the commission or attempted commission of any imprisonable offence
OR
c) to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence

Wounds, maims, disfigures, causes GBH, stupefies, renders unconscious, or by any violent means renders any person incapable of resistance

2) 7years
Everyone with such intent as aforesaid, injures any person

Question 10

sec 127 CA 61: No presumption of age

Answer 10

There is no presumption of age that a person is incapable of sexual connection of his or her age

Question 11

Sexual violation - sec 128(1) CA61

Answer 11

1) 20years
Sexual violation is the act of a person who:

a) rapes another person
OR
b) has unlawful sexual connection with another person

Question 12

Rape defined - sec 128(2) CA61

Answer 12

2) Person A rapes person B, if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person As penis -

a) without person B’s consent to the connection
AND
b) without believing on reasonable grounds that person B consents to the connecton

Question 13

unlawful sexual connection defined sec 128(3) CA61

Answer 13

3) Person A has unlawful sexual connection with person B, if person A has sexual connection with person B -

a) without person B’s consent to the connection
AND
b) without believing on reasonable grounds that person B consents to the connection

Question 14

sec 128(4) CA 61 - married/spouse

Answer 14

One person may be convicted of sexual violation of another person at at time when they were married to each other

Question 15

sec 128A CA61 matters not constituting consent

Answer 15

A person does not consent to sexual activity in the following circumstances

• does not protest or offer physical resistance
• allows the activity because of:
  - application of force/fear of force/threat of force to him/her or some other person
• asleep or unconscious
• so affected by drugs or alcohol that he/she cannot consent
• so affected by mental or physical condition or impairment that she/he cannot consent, or refuse to consent
• is mistaken as to the identity of the other person
• is mistaken about the nature and quality of the act

Question 16

Attempted sexual violation and assault with intent to commit assault - sec 129 CA 61

Answer 16

1) 10years
Everyone
Attempts to commit sexual violation

2) 10years
Everyone
Assaults another person
With intent to commit sexual violation of the other person

Question 17

Incest - sec 130 CA 61

Answer 17

1) Sexual connection is incest if:

a) it is between 2 or more people whose relationship is that of parent and child, siblings, half siblings, grandparent and grand child
AND
b) the person charged knows of the relationship

2) Everyone of or over 16years who commits incest is liable to 10years imprison

Question 18

Sexual connection with a dependant family member - sec 131 CA 61

Answer 18

1) 7years
Everyone
Has sexual connection with a dependant family member under the age of 18years

2) 7years
Everyone
Attempts to have sexual connection with a dependant family member under the age of 18years

3) 3years
Everyone does an indecent act on a dependant family member

4) The dependant family member cannot be charged as a party to the offence
5) It is not a defence to a charge under this section that the dependant family member consented

Question 19

Dependant family member defined - sec 131A CA61

Answer 19

One person is the dependant family member of another person -

a) if the other person has power or authority over him or her, and is:
i) his or her parent, step parent, foster parent, guardian, uncle or aunt, OR
ii) a parent, step parent or foster parent of a person described in (i) OR
iii) a child of his or her parent or step parent, OR
iv) a spouse or defacto partner of a person described in subparagraph (i) or (ii) or (iii)
OR

b) if they are members of the same family, whanau or other culturally recognised family group, and the other person:
i) is not a person referred to in paragraph (a) but
ii) has a responsibility for, or significant role in his or her care or upbringing
OR

c) if he or she is living with the other person as a member of the other persons family, and the other person is not a person referred to in paragraph (a), but has:
i) power or authority over him or her AND
ii) a responsibility for, or significant role in, his or her care or upbringing

Question 20

sec 131B CA61 - Meeting a young person following sexual grooming

Answer 20

1) 7years
Everyone
a) having met or communicated with a person under the age of 16years on an earlier occasion, takes one of the following actions:
i) intentionally meets the young person,
ii) travels with the intention of meeting the young person
iii) arranges for, or persuades the young person to travel with the intention or meeting him or her
AND
b) At the time of the following action, he/she intends:
a) to take in respect of that young person an action that if taken in NZ would be an offence, OR
b) that the young person should do on him/her an action, the doing of which if done in NZ would be an offence`