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My DDP > Liabilities > Flashcards

Liabilities Flashcards

1
Q

Sexual Violation by Rape

A

Section 128(1)(a) CA - 20 Yrs Imp

  1. A Person
  2. Rapes
  3. With another Person

R v Koroheke (Genitalia)
R v Cox (Consent)
R v Gutuama (Objective test)

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2
Q

Sexual Violation by Unlawful Sexual Connection

A

Section 128(1)(b) CA - 20 Yrs Imp

  1. A Person
  2. Has unlawful sexual connection
  3. With another Person

R v Koroheke (Genitalia)
R v Cox (Consent)
R v Gutuama (Objective test)

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3
Q

Sexual Conduct with a Child under 12 (1), (2) and (3)

A

Section 132(1) or (2) or (3) CA - 14/10 Yrs Imp

  1. Everyone
  2. (1) Has a sexual connection
    (2) Attempts to have a sexual connection
    (3) Does an Indecent Act
  3. On a Child

R v Koroheke (Genitalia) (1)
R v Court (Indecency) (3)
R v Forrest and Forrest (Proof of age)

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4
Q

Sexual Conduct with a Young Person under 16 (1)

A

Section 134(1) CA - 10 Yrs Imp

  1. Everyone
  2. Has a sexual connection
  3. With a Young Person

R v Koroheke (Genitalia)
R v Forrest and Forrest (Proof of age)

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5
Q

Sexual Conduct with a Young Person under 16 (3)

A

Section 134(3) CA - 7 Yrs Imp

  1. Everyone
  2. Does an Indecent Act
  3. On a Young Person

R v Court (Indecency)
R v Forrest and Forrest (Proof of age)

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6
Q

Indecent Assault

A

Section 135 CA - 7 Yrs Imp

  1. Everyone who
  2. Indecently Assaults
  3. Another Person

R v Leeson (Indecent Assault)
R v Court (Indecency)

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7
Q

Attempted Sexual Violation

A

Section 129(1) CA - 10 Yrs Imp

  1. Everyone who
  2. Attempts
  3. To commit sexual Violation

R v Harpur (Conduct)

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8
Q

Assault with Intent to commit Sexual Violation

A

Section 129(2) CA - 10 Yrs Imp

  1. Assaults
  2. Another person
  3. With intent to commit sexual Violation
  4. Of the other person

R v Harpur (Conduct)

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9
Q

Robbery

A

Section 234(1) CA - 10 Yrs Imp

  1. Theft
  2. Accompanied by Violence OR Threats of Violence
  3. To an person or property
  4. Used to extort the property stolen OR
    Prevent or overcome resistance to it being stolen.
R v Skivington - (Claim of Right)
R v Lapier - (Taking)
R v Cox - (Possession)
R v Maihi - ( Accompanied by Violence)
Peneha v Police - (Actions of the Defendant)
R v Broughton - (Threat of Violence)
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10
Q

Aggravated Robbery - GBH

A

Section 235(a) CA - 14 Yrs Imp

  1. Robs any person
  2. And at the time of or immediately before or immediately
    after the robbery
  3. Causes GBH to any person

DPP v Smith - (GBH Meaning)

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11
Q

Aggravated Robbery - Together With

A

Section 235(b) CA - 14 Yrs Imp

  1. Being together with any other person or persons.
  2. Robs
  3. Any Person

R v Galey - (Being together intent)
R v Joyce - (Persons present)

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12
Q

Aggravated Robbery - Being armed with an Offensive Weapon

A

Section 235(c) CA - 14 Yrs Imp

  1. Being armed with any offensive weapon OR Instrument OR anything appearing to be such a weapon or instrument
  2. Robs
  3. Any Person
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13
Q

Assault with intent to Rob - GBH

A

Section 236(1)(a) CA - 14 Yrs Imp

  1. With intent to Rob
  2. Any Person
  3. Causes GBH
  4. To that person or any other person
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14
Q

Assault with intent to Rob - Being armed with an Offensive Weapon

A

Section 236(1)(b) CA - 14 Yrs Imp

  1. With intent to Rob
  2. Any Person
  3. Being armed with any offensive weapon or instrument OR
    anything appearing to be such a weapon or instrument.
  4. Assaults
  5. That person or any other person
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15
Q

Assault with intent to Rob - Being together with

A

Section 236(1)(c) CA - 14 Yrs Imp

  1. With intent to Rob
  2. Any Person
  3. Being together with any other person or persons
  4. Assaults
  5. That person or any other person
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16
Q

Assault with intent to Rob - Assault

A

Section 236(2) CA - 7 Yrs Imp

  1. Assaults
  2. Any Person
  3. With intent to Rob
  4. That person or any other person
17
Q

Abduction

A

Section 208 (a) or (b) or (c) CA - 14 Yrs Imp

  1. Unlawfully
  2. Takes Away OR Detains
  3. A Person
  4. Without his or her consent OR With his or her consent obtained by fraud or duress.
  5. (a) With intent to Marry him or her OR
    (b) With intent to have sexual connection with him or her OR
    (c) Cause him or her to be married to or to have sexual connection with some other person.
R v Crossan - (Take away vs Detains)
R v Wellard - (Essence of kidnapping)
R v Pryce - (Detaining concept)
R v Cox - (Consent)
R v Mohi - (Taking away intent)
18
Q

Kidnapping

A

Section 209 (a) or (b) or (c) CA - 14 Yrs Imp

  1. Unlawfully
  2. Takes Away OR Detains
  3. A Person
  4. Without his or her consent OR With his or her consent obtained by fraud or duress.
  5. (a) To hold him or her for ransom or to service OR
    (b) To cause him or her to be imprisoned or confined OR
    (c) To cause him or her to be sent or taken out of NZ
R v Crossan - (Take away vs Detains)
R v Wellard - (Essence of kidnapping)
R v Pryce - (Detaining concept)
R v Cox - (Consent)
R v Mohi - (Taking away intent)
19
Q

Abduction of a Young Person under 16 (1)

A

Section 210(1) CA - 7 Yrs Imp

  1. With intent to deprive a parent or guardian or other person having the lawful care or charge of a young person of the possession of the young person.
  2. Unlawfully
  3. Takes or entices away or detains
  4. the young person

R v Forrest and Forrest - (Proof of age)

20
Q

Abduction of a Young Person under 16 (2)

A

Section 210(2) CA - 7 Yrs Imp

  1. Receives a young person
  2. Knowing that he or she has been unlawfully taken or enticed away or detained with intent to deprive a parent or guardian or other person having the lawful care or charge of him or her of the possession of him or her

R v Forrest and Forrest - (Proof of age)

21
Q

Wounding with intent to cause GBH

A

Section 188(1) CA - 14 Yrs Imp

  1. With intent to cause GBH
  2. To anyone
  3. Wounds OR Maims OR Disfigures OR Causes GBH.
  4. Any person

R v Taisalika - (GBH Intent)
R v Waters - (Wounds)
R v Rapana and Murray - (Disfigures)
DPP v Smith (GBH)

22
Q

Wounding with intent

A

Section 188(2) CA - 7 Yrs Imp

  1. With intent to Injure anyone OR With Reckless disregard for the safety of others.
  2. Wounds OR Maims OR Disfigures OR Causes GBH.
  3. Any person
R v Taisalika - (GBH Intent)
R v Harney (Recklessness)
R v Waters - (Wounds)
R v Rapana and Murray - (Disfigures)
DPP v Smith (GBH)
23
Q

Injuring with Intent (GBH)

A

Section 189(1) CA - 10 Yrs Imp

  1. With intent to cause GBH
  2. To anyone
  3. Injures
  4. Any person

R v Taisalika - (GBH Intent)
DPP v Smith - (GBH)
R v Donovan - (Injures)

24
Q

Injuring with Intent (Injures)

A

Section 189(2) CA - 5 Yrs Imp

  1. With intent to Injure anyone OR With Reckless disregard for the safety of others.
  2. Injures
  3. Any person

R v Taisalika - (GBH Intent)
R v Harney - (Recklessness)
R v Donovan - (Injures)

25
Q

Aggravated Wounding

A

Section 191(1)(a) or (b) or (c) CA - 14 Yrs Imp

  1. (a) With Intent to commit or facilitate the commission of any imprisonable offence OR
    (b) With intent to avoid detection of himself or any other person in the commission of any imprisonable offence
    (c) With intent to avoid arrest or facilitate flight of himself or any other person in the commission or attempted commission of any imprisonable offence
  2. -Wounds any person OR
    - Maims any person OR
    - Disfigures anyone OR
    - Causes GBH to any person OR
    - Stupefies any person OR
    - Renders unconscious any person OR
    - By any violent menas renders any person incapable of resistance
R v Taisalika - (GBH Intent)
R v Tihi - (Addition to specific intents)
R v Sturm - (Stupefies)
R v Wati (Proof of offence)
R v Waters - (Wounds)
R v Waters - (Wounds)
R v Rapana and Murray - (Disfigures)
R v Crossan (Incapable of resistance)
DPP v Smith (GBH)
26
Q

Aggravated Injuring

A

Section 191(2)(a) or (b) or (c) CA - 14 Yrs Imp

  1. (a) With Intent to commit or facilitate the commission of any imprisonable offence OR
    (b) With intent to avoid detection of himself or any other person in the commission of any imprisonable offence
    (c) With intent to avoid arrest or facilitate flight of himself or any other person in the commission or attempted commission of any imprisonable offence
  2. Injures
  3. Any person
R v Taisalika - (GBH Intent)
R v Tihi - (Addition to specific intents)
R v Sturm - (Stupefies)
R v Wati - (Proof of offence)
R v Donovan - (Injures)
27
Q

Arson (Danger to Life)

A

Section 267(1)(a) CA - 14 Yrs Imp

  1. Intentionally OR Recklessly
  2. Damages by Fire OR Damages by means of explosive
  3. Any Property
  4. If he or she knows, or ought to know that danger to life is likely to ensue

R v Harney - (Reckless)
R v Archer (Property damage)
Simesters and Brookbanks (Knowledge)

28
Q

Arson (No interest)

A

Section 267(1)(b) CA - 14 Yrs Imp

  1. Intentionally OR Recklessly
  2. And without claim of right
  3. Damages by Fire OR Damages by means of explosive
  4. Any immovable property or any vehicle, ship or aircraft in which that person has no interest

R v Harney - (Reckless)
R v Archer (Property damage)

29
Q

Arson (Benefit/loss)

A

Section 267(1)(c) CA - 14 Yrs Imp

  1. Intentionally
  2. Damages by Fire OR Damages by means of explosive
  3. Any immovable property OR vehicle OR ship OR aircraft 4. With intent to obtain any benefit OR Causes loss to any other person

R v Archer - (Property damage)
R v Morley - (Loss)

30
Q

Arson (Other no interest)

A

Section 267(2)(a) CA - 7 Yrs Imp

  1. Intentionally OR Recklessly
  2. And without claim of right
  3. Damages by Fire OR Damages by means of explosive
  4. Any property (other than property listed in sec 267(1)) in which that person has no interest

R v Harney - (Reckless)
R v Archer - (Property)

31
Q

Arson (Other Benefit/loss)

A

Section 267(2)(b) CA - 7 Yrs Imp

  1. Intentionally OR Recklessly
  2. Damages by Fire OR Damages by means of explosive
  3. Any property (other than property listed in sec 267(1))
  4. With intent to obtain any benefit or cause loss to any person

R v Harney - (Reckless)
R v Archer - (Property damage)
R v Morley - (Loss)

32
Q

Import/Export Controlled Drug

A

Section 6(1)(a) - MODA - Life Imp

  1. Imports into or Exports from New Zealand
  2. Any Controlled Drug

Saxton v Police - (Imports)
R v Hancox - (Imports element)
R v Strawbridge - (Knowledge)
Police v Emerali (Useable amount)

33
Q

Produce or Manufacture any controlled drug

A

Section 6(1)(b) - MODA - Life / 14 / 8 Yrs Imp

  1. Produce or Manufacture
  2. Any controlled drug

R v Rua (To produce)
R v Strawbridge - (Knowledge)
Police v Emerali (Useable amount)

34
Q

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

A

Section 6(1)(c) - MODA - Life / 14 Yrs Imp

  1. Supplies OR Administers OR Offers to Supply OR Offers to Administer Or Otherwise deals in.
  2. Class A or B Controlled drug
  3. To any person
R v Maginnis - (Supply)
R v During - (Offer to Supply)
R v Brown - (Offering to supply)
R v Strawbridge - (Knowledge) 
Police v Emerali (Useable amount)
35
Q

Supply/Administer/Offer Class C controlled Drug to Person under 18 years of age

A

Section 6(1)(d) - MODA - 8 Yrs Imp

  1. Supplies OR Administers OR Offers to Supply OR Offers to Administer Or Otherwise deals in.
  2. Class C Controlled Drug
  3. To any person under the age of 18 years old
R v Maginnis - (Supply)
R v During - (Offer to Supply)
R v Brown - (Offering to supply)
R v Strawbridge - (Knowledge) 
Police v Emerali (Useable amount)
R v Forrest and Forrest
36
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 - 8 Yrs Imp

  1. Sells OR Offers to Sell
  2. Class C Controlled Drug
  3. To any person of or over the age of 18 years old

R v Strawbridge - (Knowledge)
Police v Emerali (Useable amount)
R v Forrest and Forrest

37
Q

Possession Of a controlled drug for Supply/Administer/Sell/Offer

A

Section 6(1)(f) - MODA - Life / 14 / 8 Yrs Imp

  1. Has in his possession
  2. Any controlled drug
  3. For any of the purposes set out in paras (c) (d) or (e)

R v Cox - (Possession)
R v Strawbridge - (Knowledge)
Police v Emerali (Useable amount)

38
Q

Accessory after the Fact

A

Section 71(1) CA - 7 Yrs (life) / 5 Yrs (10) and Half (Under 10).

  1. Knowing any person to be a party to an offence
  2. Receives, Comforts, or Assists that Person OR
    Tampers with or actively suppresses any evidence against him or her.
  3. In order to enable him or her to escape after arrest OR to avoid arrest or conviction.

R v Crooks
R v Briggs
R v Mane

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