Legislation offences - robbery, sex, serious assaults Flashcards
Aggravated burglary - sec 232 CA61
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
Robbery - sec 234 CA61
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
Aggravated robbery - sec 235 CA61
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
Assault with intent to rob - sec 236 CA61
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
Blackmail - sec 237 CA61
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
Demanding with intent to steal - sec 239 CA 61
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
Wounding with intent - sec 188 CA61
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
Injuring with intent - sec 189 CA61
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
Aggravated wounding / injury sec 191 CA61
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
sec 127 CA 61: No presumption of age
There is no presumption of age that a person is incapable of sexual connection of his or her age
Sexual violation - sec 128(1) CA61
1) 20years
Sexual violation is the act of a person who:
a) rapes another person
OR
b) has unlawful sexual connection with another person
Rape defined - sec 128(2) CA61
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
unlawful sexual connection defined sec 128(3) CA61
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
sec 128(4) CA 61 - married/spouse
One person may be convicted of sexual violation of another person at at time when they were married to each other
sec 128A CA61 matters not constituting consent
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