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Pre rec practicals > Liabilities > Flashcards

Liabilities Flashcards

1
Q

Assessory After the Fact

A

Section 71(1) Crimes Act 1961 7y / 5y / 1\2

Knowing any person to be a party to an offence

  • Knowing
  • Simester & Brookbanks PCL
  • R v Crooks
  • R v Briggs
  • Person
  • Party S66(1)
  • Offence
  • Insist on proof
  • R v Mane

Receives, comforts or assists that person OR

Tampers with or actively suppresses evidence against him

  • RCA
  • TWAS

In order to help him escape after arrest OR

To avoid arrest or conviction

  • Acts help
  • Evades Justice
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2
Q

Wounding with Intent to Casue GBH

A

Scetion 188(1) CA ‘61 14 Years

With intent to cause GBH

  • Intent
  • R v Mohan
  • R v Waaka
  • Rv Taisalika
  • GBH
  • DPP v Smith

To anyone

  • Person

Wounds OR

  • R v Waters

Maims OR

  • Maims

Disfigures OR

  • Disfigures
  • R v Rapana and Murray

Causes GBH

  • GBH
  • DPP v Smith

Any person

  • Person
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3
Q

Wounding with intent to injure

A

Section 188(2) CA ‘61 7years

With Intent to Injure anyone OR

  • Intent
  • R v Mohan
  • R v Waaka
  • R v Taisalika
  • Injure
  • R v Donovan

With reckless disregard for the safety of others

  • Reckless
  • R v Harney

Wounds OR

  • R v Waters

Maims OR

  • Maims

Disfigures OR

  • Disfigures
  • R v Rapana and Murray

Causes GBH

  • GBH
  • DPP v Smith

To any person

  • Person
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4
Q

Injuring with Intent to GBH

A

Section 189(1) CA ‘61 10 years

With intent to cause GBH

  • Intent
  • R v Mohan
  • R v Waaka
  • Rv Taisalika
  • GBH
  • DPP v Smith

To any person

  • Person

Injures

  • Injure
  • R v Donovan

Any person

  • Person
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5
Q

Injures with Intent to Injure

A

Section 189(2) CA ‘61 5 years

With intent to injure any person OR

  • Intent
  • R v Mohan
  • R v Waaka
  • Rv Taisalika
  • Injure
  • R v Donovan

With Reckless disregard for the safety of others

  • Reckless
  • R v Harney

Injures

  • Injure
  • R v Donovan

Any person

  • Person
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6
Q

Aggravated Wounding

A

Section 191(1)(a) or (b) or (c) CA ‘61 14 Years

With intent to

  • Intent
  • R v Mohan
  • R v Waaka
  • R v Taisalika
  • R v Tihi

(a) commit or facilitate the commision of any imprisonable offence OR

  • Facilitate the commission
  • R v Sturm

(b) With Intent to avoid detection of himself or herself or any other person in the commission of an imprisonable offence OR
* Avoid detection
(c) To avoid arrest or facilitate the flight of himself or herself or any other person upon the commission or attempted commission of any imprisonable offence

  • Facilitate Flight
  • R v Wati
  • Imprisonable Offence

Wounds OR

  • R v Waters

Maims OR

  • Maims

Disfigures OR

  • Disfigures
  • R v Rapana and Murray

Causes GBH OR

  • GBH
  • DPP v Smith

Stupefies OR

  • R v Sturm

Renders Unconscious OR

  • Renders unconscious

By any violent means renders the person incapable of resistance

  • Any violent means
  • R v Crossan

Any Person

  • Person
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7
Q

Aggravated Injuring

A

Section 191(2) CA ‘61 7years

With intent to

  • Intent
  • R v Mohan
  • R v Waaka
  • R v Taisalika
  • R v Tihi

(a) commit or facilitate the commision of any imprisonable offence OR

  • Facilitate the commission
  • R v Sturm

(b) With Intent to avoid detection of himself or herself or any other person in the commission of an imprisonable offence OR
* Avoid detection
(c) To avoid arrest or facilitate the flight of himself or herself or any other person upon the commission or attempted commission of any imprisonable offence

  • Facilitate Flight
  • R v Wati
  • Imprisonable Offence

Injures

  • Injure
  • R v Donovan

Any person

  • Person
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8
Q

Sexual Violation by Rape

A

Section 128(1)(a) CA ‘61 20 years

A person

  • Person

Rapes

  • Rape
  • Penetration
  • Proof of Penetration
  • Genitalia
  • R v Koroheke
  • Penis
  • Consent
  • R v Cox
  • S 128A
  • Reasonable Grounds
  • R v Gutuama

Another Person

  • Person
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9
Q

Sexual Violation by unlawful sexual connection

A

Section 128(1)(b) CA ‘61 20 years

A person

  • Person

Has unlawful sexual connection

  • Sec 2 Sex con
  • Introduction
  • Proof of penetration
  • Genitalia
  • R v Koroheke
  • Consent
  • R v Cox
  • S128A
  • Reasonable Grounds
  • R v Gutuama

Another Person

  • Person
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10
Q

Sexual Conduct with a child under 12

A

Section 132(1) CA ‘61

Everyone

  • Person

Has Sexual Connection

  • Sec 2 Sex con
  • Introduction
  • Proof of Penetration
  • Genitalia
  • R v Koroheke

With a child

  • Section 132(6)(a)
  • R v Forest and Forest
  • In practice
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11
Q

Sexual Conduct (IA) with a child under 12

A

Section 132(3) CA ‘61 10years

Everyone

  • Person

Does an Indecent Act

  • Indecent Act
  • R v Court
  • Immaterial
  • s132(6)(b)

On a Child

  • S132(6)(a)
  • R v Forest and Forest
  • Practice
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12
Q

Sexual Conduct with a Young Person under 16

A

Section 134(1) CA ‘61 10years

Everyone

  • Person

Has Sexual Connection

  • Sec 2 Sex con
  • Introduction
  • Proof of Penetration
  • Genitalia
  • R v Koroheke

With a young person

  • Sec 134(6)
  • R v Forest and Forest
  • Practice
  • Person
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13
Q

Sexual Conduct (IA) with a Young Person Under 16

A

Section 134(3) CA ‘61 7 years

Everyone

  • Person

Does an Indecent Act

  • Indecent Act
  • R v Court
  • Immaterial
  • s134(6)(b)

On a young person

  • S134(6)(a)
  • R v Forest and Forest
  • Practice
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14
Q

Indecent Assault

A

Section 135 CA ‘61 7 years

Everyone

  • Person

Indecently assaults

  • R v Leeson
  • An Act
  • R v Court
  • Assault

Another Person

  • Person
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15
Q

Sexual Conduct with a dependant family memeber

A

Section 131(1)CA’61 7years

A Person

  • Person

Has Sexual Connection

  • Sec 2 Sex Con
  • Penetration
  • Proof of Penetration
  • Genitalia
  • R v Korokehe

With a dependant family member under 18 years

  • Dependant Family member s131A
  • R v Forest and forest
  • Practice
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16
Q

Assault with intent to commit Sexual Violation

A

Section 129(2) CA ‘61 10 years

A Person

  • Person

Assaults another person

  • Assault
  • Person

With Intent to commit sexual violation

  • Intent
  • R v Mohan
  • R v Waaka
  • Sexual Violation Sec 128(1)
  • Rape Sec 128(2)
  • Unlawful Sexual Connection Sec 128(3)
  • Sexual Connection Sec 2

Of another person

  • Person
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17
Q

Robbery

A

Section 234(1) CA ‘61 10 years

Theft

  • Theft S219(1)
  • R v Skivington
  • R v Lapier
  • Possession
  • Warner v Metropolitian Police Commissioner
  • Constructive Possession

Accompanied by

  • The Prosecution must prove
  • R v Maihi
  • Violence
  • Peneha v Police
  • Threats of violence
  • Inference
  • R v Broughton

To any person OR

  • Person

Property

  • Property Sec 2

Used to extort the property stolen OR

  • Extort
  • Extortion implies
  • Property Sec 2

Prevent or overcome resistance to it being stolen

  • Prevent
  • Overcome resistance
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18
Q

Aggravated Robbery (A)

A

Section 235(a) CA ‘61 14 years

Robs any person

  • Robbery Sec 234(1)
  • Person

And at the time of OR

  • At the time

Immediately before OR

  • Immediately before

Immediately after

  • Immediately after

Causes GBH to any person

  • GBH
  • DPP v Smtih
  • person
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19
Q

Aggravated Robbery (b)

A

Section 235 (b) CA ‘61 14 years

Being together with any other person or persons

  • Joint enterprise
  • R v Galey
  • R v Joyce
  • Person

Robs

  • Robbery Sec 234(1)

Any person

  • Person
20
Q

Aggravated Robbery (c)

A

Section 235(c) CA ‘61 14 years

Being armed with any offensive weapon OR

  • Being armed with
  • Offensive Weapom

Instrument OR

  • Instrument

Anything appearing to be such a weapon or instrument

  • Anything appearing

Robs

  • Robbery Sec 234(1)

Any person

  • Person
21
Q

Assault with intent to Rob (1)(a)

A

Section 236(1)(a) CA ‘61 14 years

With intent to rob any person

  • Intent
  • R v Mohan
  • R v Waaka
  • Robbery Sec 234(1)
  • Person

Causes GBH

  • GBH
  • DPP v Smith

To that person OR

Any other person

  • Person
22
Q

Assault with Intent to Rob (1)(b)

A

Section 236(1)(b) CA ‘61 14 years

With intent to rob any person

  • Intent
  • R v Mohan
  • R v Waaka
  • Robbery Sec 234(1)
  • Person

Being armed with any offensive weapon OR

  • Being armed with
  • Offensive Weapon Sec202A(1)

Instrument OR

  • Instrument

Anything appearing to be such a weapon or instrument

  • Anything appearing

Assaults that person OR

Any other person

  • Assault
  • Person
23
Q

Assault with Intent to Rob (1)(c)

A

Section 236(1)(c) CA ‘61 14 years

With Intent to Rob any person

  • Intent
  • R v Mohan
  • R v Waaka
  • Robbery Sec 234(1)
  • Person

Being together with any other person or persons

  • Being togeth
  • R v Joyce
  • Assault Sec 2
  • Person
24
Q

Import / Export Controlled Drug

A

Section 6(1)(a) MODA ‘75 Life

Imports Into OR

Exports from New Zealand

  • Importation Sec 2 C&E Act 1996
  • Exports Sec 53 C&E Act 1996
  • Saxton v Police
  • R v Hancox
  • Crown must prove
  • R v Strawbridge
  • Police v Emerali

Any Controlled Drug

  • Controlled Drug Sec 2 MODA ‘75
  • Controlled Drug Analogue Sec 2 MODA ‘75
25
Q

Produce or Manufacture any Controlled Drug

A

Section 6(1)(b) MODA ‘75 Life / 14 / 8

Produce or Manufacture

  • Produce
  • Manufacture
  • R v Rua
  • Complete
  • Guilty Knowledge
  • R v Strawbridge
  • Police v Emerali

Any Controlled Drug

  • Controlled Drug Sec 2
  • Controlled Drug Analogue Sec 2
26
Q

Supply / Administer / Offer to Supply or Administer CAlls A or B Controlled Drug

A

Section 6(1)(c) MODA ‘75 LIfe / 14 years

Supplies OR

  • Supply Sec 2
  • R v Maginnis

Administers OR

  • Black Law Dictionary

Offers to supply OR

  • R v During
  • Offers to supply
  • Supply Sec 2

Administer OR

  • Offers to administer
  • R v During
  • Administer Blacks Law Dictionary

Otherwise deals in

  • Otherwise deals in
  • Guilty Knowledge
  • Police v Emerali
  • R v Strawbridge

Class A or B Controlled drug

  • Class A Sec 2
  • Class B Sec 2
  • Controlled Drug Sec 2

To any person

  • Person
27
Q

Supply / Adminitser / Offer Class C Controlled Drug to persons Under 18 years of age

A

Section 6(1)(d) MODA ‘75 8 years

Supplies OR

  • Supply Sec 2
  • R v Maginnis

Administers OR

  • Black Law Dictionary

Offers to supply OR

  • R v During
  • Offers to supply
  • Supply Sec 2

Administer OR

  • Offers to administer
  • R v During
  • Administer Blacks Law Dictionary

Otherwise deals in

  • Otherwise deals in
  • Guilty Knowledge
  • Police v Emerali
  • R v Strawbridge

Class C Controlled Drug

  • Class C Sec 2
  • Controlled Drug Sec 2
  • Controlled Drug Analogue Sec 2

To any person under the age of 18 years old

  • Person
  • R v Forest and Forest
  • Practice
28
Q

Sells or offers to sell Class C Controlled Drug to person of or over 18 years of age

A

Section 6(1)(e) MODA ‘75 8 Years

Sells OR

  • Sell
  • Section 6(5)

Offers to sell

  • Prosectuion must prove
  • R v During
  • Offering to Supply
  • Guilty Knowledge
  • Police v Emerali
  • R v Strawbridge

Class C Controlled Drug

  • Class C Sec 2
  • Controlled Drug Sec 2
  • Controlled Drug Analogue Sec 2

To any person

  • Person

Of or over the ago of 18 years old

  • R v Forest and Forest
  • Practice
29
Q

Possession of a Conrtolled Drug for Supply / Administer / Sell / Offer

A

Section 6(1)(f) MODA ‘75 Life / 14 / 8 years

Possession of

  • Possession
  • Actual Possession
  • Warner v Metropolitian Police Commission
  • Constructive Possession
  • Possession Sec 2(2)

Any Controlled Drug

  • Controlled Drug Sec 2
  • Controlled Drug Analogue Sec 2

For any of the purposes set out in paras (c),(d) or (e)

  • Sec 6(1)(c)
  • Sec 6(1)(d)
  • Sec 6(1)(e)
  • Guilty Knowledge
  • Polcie v Emerali
  • R v Strawbridge
  • Presumption Sec 6(6)
30
Q

Discharging a Firearm with intent to do GHB

A

Section 198(1)(a) CA ‘61 14 years

With intent to do GBH

  • Intent
  • R v Mohan
  • R v Waaka
  • GBH
  • DPP v Smith

Discharges

  • Discharge

Any firearm, airgun or similar weapom

  • Firearm Sec 2 AA
  • Airgun Sec 2
  • Similar Weapon

At any person

  • R v Pekepo
  • Person
31
Q

Doing a Dangerous Act with intent

A

Section 198(1)(b) CA ‘61 14 years

With intent to do GBH

  • Intent
  • R v Mohan
  • R v Waaka
  • GBH
  • DPP v Smith

Sends or delivers to any person OR

Puts in any place

  • Sends to or delivers
  • Person
  • Puts in any place

Any explosive OR

Injurious substance or device

  • Explosive Sec 2
  • Injurious Substance or device
  • Completion of offence
32
Q

Doing a Dangerous Act with intent to do GBH

A

Setion 198(1)(c) CA ‘61 14 years

With Intent to do GBH

  • Intent
  • R v Mohan
  • R v Waaka
  • GBH
  • DPP v Smtih

Sets fire

  • Sets fire

To any Property

  • Property Sec 2
33
Q

Uses any Firearm against Law enforcement officer

A

Section 198A(1) CA ‘61 14 years

Uses any firearm in any manner whatever

  • Uses in any manner whatever
  • Police v Parker
  • Firearm Sec 2

Aganist any Constable, OR

Any Traffic Officer OR

Any Prison Officer

Acting in the execution of their duty

  • Constable
  • Traffic Officer
  • Prison Officer
  • Acting in the course
  • Acting unlawfully

Knowing that OR

Being Reckless whether or not OR

That the person is a member of Police or traffic officer or prison officer so acting

  • Knowing that
  • Knowing
  • Reckless
  • R v Harney
34
Q

Commission of an Imprisonable Offences with a Firearm

A

Section 198B(1)(a) CA ‘61 10 years

In committing any imprisonable offence

  • Mus be
  • Imprisonable offence Sec 5 CPA

Uses any firearm

  • Uses
  • Firearm
35
Q

Abduction

A

Section 208 (a) or (b) or (c) CA ‘61 14 years

Unlawfully

  • R v Chartrand

Takes Away OR

Detains

  • R v Crossan
  • R v Wellard - TA
  • R v Pryce - D

A person

  • Person

Without his or her consent OR

With his or her consent obatined by fraud OR

Duress

  • Consent
  • R v Cox
  • Fraud
  • Duress
  • Sec 209A

With Intent to

  • Intent
  • R v Mohan
  • R v Waaka
  • R v Mohi

(a) Marry him or her OR
* Marry
(b) have sexual connection with him or her
* Sexual Connection Sec 2
(c) Cause him or her to be maried to orto have sexual connection with some other person
* Cause to be

36
Q

Kidnapping

A

Section 209 (a) or (b) or (c) CA ‘61 14 years

Unlawfully

  • R v Chartrand

Takes Away OR

Detains

  • R v Crossan
  • R v Wellard - TA
  • R v Pryce - D

A person

  • Person

Without his or her consent OR

With his or her consent obatined by fraud OR

Duress

  • Consent
  • R v Cox
  • Fraud
  • Duress
  • Sec 209A

With intent to

  • Intent
  • R v Mohan
  • R v Waaka
  • R v Mohi

(a) To hold him or her for ransom or to service OR

  • Ransom
  • Service

(b) To cause him or her to be imprisoned or confined OR

  • Confined
  • Imprisoned

(c) To cause him or her to be sent or taken out of New Zealand

  • Sent out of NZ
  • Taken out of NZ
37
Q

Arson - Danger

A

Section 267(1)(a) CA ‘61 14 years

Intentionally OR

  • Intent
  • R v Mohan
  • R v Waaka

Recklessly

  • Reckless
  • R v Harney

Damages by Fire or by means of explosive

  • Damages by fire
  • R v Archer
  • Explosive Sec 2

Any property

  • Property Sec 2

If he or she knows OR ought to know that danger to life is likely to ensure

  • Knowledge Simester and Brookbanks PCL
  • Life
38
Q

Arson - No interest

A

Section 267(1)(b) CA ‘61 14 Years

Intentionally OR

  • Intent
  • R v Mohan
  • R v Waaka

Recklessly

  • Reckless
  • R v Harney

And without claim of right

  • COR Sec 2

Damages by Fire or by means of explosive

  • Damages by fire
  • R v Archer
  • Explosive Sec 2

Any immovable property or any vehicle, ship or aircraft in which that person has no interest

  • Immovable
  • Property Sec 2
  • Vehicle Sec 2 LTA
  • Ship Sec 2
  • Aircraft Sec 2 CAA ‘90
  • Person
39
Q

Arson - Cause Loss / benefit

A

Section 267(1)(c) CA ‘61 14 years

Intentionally

  • Intent
  • R v Mohan
  • R v Waaka

Damages by Fire or means of explosive

  • Damages by fire
  • R v Archer
  • Explosive Sec 2 AA

Any immovable property or any vehicle, ship or aircraft

  • Immovable
  • Property Sec 2
  • Vehicle Sec 2 LTA
  • Ship Sec 2
  • Aircraft Sec 2 CAA ‘90

With Intent to obtain any benefit OR

  • Intent
  • R v Mohan
  • R v Waaka
  • Obtain S217
  • Benefit S267(4)

Cause loss to any other person

  • R v Morley
  • Person
  • Person - Companies Sec 2
40
Q

Arson - (2)(a)

A

Section 267(2)(a) CA ‘61 7 years

Intentionally OR

  • Intent
  • R v Mohan
  • R v Waaka

Recklessly

  • Reckless
  • R v Harney

And without claim of right

  • COR Sec 2

Damages by Fire or by means of explosive

  • Damages by fire
  • R v Archer
  • Explosive Sec 2

Any property (other than propety listed in section 267(1)) in which that person has no interest​

  • Property Sec 2
  • Person
41
Q

Arson (2)(b)

A

Section 267(2)(b) Ca ‘61

Intentionally OR

  • Intent
  • R v Mohan
  • R v Waaka

Recklessly

  • Reckless
  • R v Harney

Damages by Fire or by means of explosive

  • Damages by fire
  • R v Archer
  • Explosive Sec 2

Any property (other than propety listed in section 267(1))​

  • Property Sec 2

With Intent to obtain any benefit OR

  • Intent
  • R v Mohan
  • R v Waaka
  • Obtain S217
  • Benefit S267(4)

Cause loss to any other person

  • R v Morley
  • Person
  • Person - Companies Sec 2
42
Q

Aggravated Burglary - While

A

Section 232(1)(a) CA ‘61 14 years

While Committing Burglary

  • While Committing
  • Burglary Sec 231

Has a weapon with him or her OR

  • Has with him
  • Police v Pitman

Uses anything as a weapon

  • Uses
  • R v Steele
  • Anything as a weapon
43
Q

Aggravated Burglary - Having

A

Section 232(1)(b) CA ‘61 14 years

Having committed Burglary

  • Burgalry Sec 231

Has a weapon with him or her OR

  • Has with him
  • Police v Pitman

Uses anything as a weapon

  • Uses
  • R v Steele
  • Anything as a weapon

While still in the building or ship

  • Still be present
  • Building Sec 231(2)
  • Ship Sec 2
44
Q

Uses / Attempts to use a document

A

Section 228(b) CA ‘61 7 years

With intent to obtain and property, service, pecuniary advantage or valuable consideration

  • Intent
  • R v Mohan
  • R v Waaka
  • R v Morley
  • Obtain
  • Property
  • Privilege
  • Service
  • Hayes v R - Pecuniary Advantage
  • Hayes v R - Valuable Consideration

Dishonestly

  • Dishonestly
  • Hayes v R

And without Claim of Right

  • Claim of Right Sec 2

Uses or attempts to use any document

  • Uses or attempts to use
  • Hayes v r
  • Document Sec 217
  • R v Misic
45
Q

Obtaining by Deception (a)

A

Section 240(1)(a) CA ‘61 7years / 1year / 3months

By any deception

  • Deception
  • R v Morley

Without Claim of Right

  • Claim of Right Sec 2

Obtains Possession od or control over any property, or any privilege, service, pecuniary advantage, or benefit or Valuable Consideration

  • Obtains
  • Possession
  • Actual Possession
  • Warner v Metropolitian Police Commissioner
  • Constructive Possession
  • Property Sec 2
  • Privilege or benefit
  • Hayes v R
  • Hayes v R
46
Q

Obtaining by Deception (b)

A

Section 240(1)(b) CA ‘61 7years

By any deception

  • Deception Sec 240(2)
  • R v Morley

And without Claim of Right

  • Claim of Right Sec 2

In incurring any debt OR

  • Debt

Liability

  • Liability
  • Fisher v Raven
  • R v McKay

Pre rec practicals (3 decks)

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