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Violence Offences > Liabilities > Flashcards

Liabilities Flashcards

1
Q

S188 (1) ca61 wounding with intent

A

With intent TAISALIKA to cause gbh DPP SMITH
To anyone
Wounds WATERS , maims, disfigured or causes gbh DPP SMITH DONOVAN
To any person

caselaw: TAISALIKA, RAPANA MURRAY, DPP SMITH, WATERS, DONOVAN, CAMERON

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2
Q

S188 (2) ca61 wounding with intent

A

With intent TAISALIKA to injure anyone
Or with reckless disregard for the safety of others TIHI
Wounds WATERS, maims, disfigures RAPANA MURRAY or causes gbh DPP SMITH
To any person

caselaw: TAISALIKA, RAPANA MURRAY, DPP SMITH, WATERS, DONOVAN, CAMERON

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3
Q

S189 (1) ca61 injuring with intent

A

With intent TAISALIKA to cause gbh DPP SMITH
To anyone
Injures
any person

caselaw: TAISALIKA, RAPANA MURRAY, DPP SMITH, WATERS, DONOVAN, CAMERON

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4
Q

S189 (2) ca61 injuring with intent

A 
With intent TAISALIKA to injure 
Anyone
Or with reckless disregard for the safety of others TIHI
Injures
Any person

caselaw: TAISALIKA, RAPANA MURRAY, DPP SMITH, WATERS, DONOVAN, CAMERON

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5
Q

S191 (1) aggravated wounding or injury (long)

A

(1) With intent
(A) to commit or facilitate the commission of any imprisonable offence (io) or
(B) to avoid the detection of himself or of any other person in the commission of any io
(C) to avoid the arrest or facilitate the flight if himself or of any other person upon the commission or attempted commission of an io
Wounds, maims, disfigures or causes gbh To any person
Or stupefies or renders unconscious any person
Or by any violent means renders any person incapable of resistance

Case law: WATI, TIHI

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6
Q

S192 (1) ca61 aggravated assault

A

Everyone Who assaults Any other person With intent TAISALIKA

(A) to commit or facilitate the cio WATI
(B) to avoid the detection of himself or of any other person in the cio
(C) to avoid the arrest or facilitate the flight himself or of any other person upon the cio or attempted cio

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7
Q

S192 (2) ca61 aggravated assault

A

Everyone
Who assaults
Any constable or person acting in the aid of a constable or any person in the lawful execution of any process
With intent to obstruct the person so assaulted
In the execution of their duty

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8
Q

S198 (1) ca61 discharging a firearm (14yrs)

A

With intent to do gbh
(A) discharges any firearm, airgun, or other similar weapon
At any person
(B) sends or delivers
to any person
or puts into any place, any explosive or injurious substance or device
(C) sets fire to any property

(2)intent to injure or reckless disregard for safety of others does above

Case law: pekepo

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9
Q

*S198A ca61 using a firearm against a law enforcement officer (14yrs)

A

Everyone
Who uses any firearm in any manner whatsoever SWAIN
Against a constable/traffic officer/prison officer
acting in the course of his or her duty
Knowing that or being reckless whether or not
That person is a member of the Police/traffic officer/prison officer so acting

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10
Q

S198B (1) ca61 commission of an imprisonable offence with a firearm (10yrs)

A

Everyone
In commiting any imprisonable offence
(A) Uses a firearm Or
(B) while commiting any imprisonable offence,
has any firearm with him or her
In circumstances that prima facie show an intention to use it
In connection with that imprisonable offence

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11
Q

*S234 ca61 Robbery (10yrs)

A

Theft LAPIER COX
Accompanied by violence or threats of violence PENEHA
To any person or property
Used to extort the property stolen or MAIHI
To prevent or overcome resistance to it being stolen

Case law: SKIVINGTON, COX, LAPIER, MAIHI, PENEHA

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12
Q

**S235 ca61 aggravated robbery (14 years)

A

Everyone who:
(A) robs any person and at the time of or immediately before/after the robbery and causes gbh to any person DPP SMITH
(B) being together with any person or persons
Robs any person GALEY JOYCE
(C) being armed with any offensive weapon or instrument
Or anything appearing to be such a weapon or instrument
Robs any person

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13
Q

**S236 ca61 assault with intent to rob (14yrs, 7 if alone)

A

Everyone who with intent to rob any person:
(A) causes gbh To that person or any other person DPP SMITH DONOVAN
(B) being armed with any offensive weapon or instrument
Or anything appearing to be such a weapon or instrument
Assaults that person or any other person
(C) being together with any other person or persons
Assaults that person or any other persons JOYCE GALEY

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14
Q

*S237 ca61 blackmail (14yrs)

A

Everyone who
Threatens, expressly or by implication
To make any accusation Against any person (living or dead)
To disclose something about any person (living or dead)
Or to cause serious damage to any property or endanger the safety of any person
With intent
(A) to 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.

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15
Q

**S239 (1) ca61 demanding with intent to steal (14 yrs)

A 
Everyone who
WCR Without claim of right
By force or with any threat 
Compels any person to 
DAEAEM Execute, make, accept, endorse, alter or destroy
Any document capable of conferring a pecuniary advantage
With intent to obtain
Any benefit
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16
Q

*S208 ca61 abduction (sc) (14 yrs)

A

Everyone who
Unlawfully takes away or detains WELLARD PRYCE
a person
Without their consent Or with consent obtained by fraud or duress COX
(A) with intent to go through a form of marriage or civil union with the person
(B) with intent to have sc with the person
(C) with intent for the person to go through a form of marriage or civil union, or have sc, with some other person

Caselaw: CROSSAN, WELLARD, PRYCE, COX, MOHI, WAAKA

17
Q

***S209 ca61 kidnapping (14 yrs)

A

Everyone who
Unlawfully takes away or detains WELLARD PRYCE
A person
Without his or her consent or with his or her consent obtained by fraud or duress COX
(A) with intent to hold them for ransom or to service
(B) with intent to cause them to be confined or imprisoned
(C) with intent for them to be sent or taken out of NZ

Caselaw: CROSSAN, WELLARD, PRYCE, COX, MOHI, WAAKA

18
Q

S210 ca61 abduction of a young person under 16 (7 yrs)

A

Everyone who
With intent to deprive a parent or guardian or other person having the lawful care or charge of a young person (yp)
Of the possession of the yp
Unlawfully takes or entices away or detains
The yp

3a Immaterial if there is consent by yp or suggested by them
3b immaterial if offender believes yp is 16 or over

Violence Offences (3 decks)

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