Liabilities Flashcards

1
Q

Wounding with intent to cause GBH

A
188(1).  14yrs
With intent to cause GBH
-Intent meaning
- R v Taisalika
- GBH meaning
- DPP v Smith
To anyone
- Person meaning
Wounds
- R v Waters
OR Maims
- Maims meaning
OR Disfigures
- Disfigures meaning
- R v Rapana and Murray
OR Causes GBH
- GBH meaning
- DPP v Smith
Any person
- Person meaning
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2
Q

Wounding with intent

A
188(2).  7yrs
With intent to injure anyone
- Intent meaning
- R v Taisalika
- Injure S2
- R v Donovan
- Person meaning 
OR with reckless disregard for the safety of others
- meaning
- R v Harney
Wounds
- R v Waters
OR Maims
- meaning
OR Disfigures
- meaning
- R v Rapana and Murray
OR Causes GBH
- GBH meaning
- DPP v Smith
To any person
- Person meaning
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3
Q

Injuring with intent to cause GBH

A
189(1).  10yrs
With intent to cause GBH
- intent meaning
- R v Taisalika
- GBH meaning
- DPP v Smith
To anyone
- person meaning
Injures
- injures S2
- R v Donovan
Any person
- person meaning
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4
Q

Injuring with intent

A
189(2).  5yrs
With intent to injure anyone
- Intent
- R v Taisalika
- Injures S2
- R v Donovan
- person meaning
OR with reckless disregard for the safety of others
- meaning
- R v Harney
Injures
- meaning S2
- R v Donovan
Any person
- person meaning
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5
Q

Aggravated Wounding

A
191(1) (a)(b)(c).  14yrs
with intent to 
- intent meaning
- R v Tihi
a)commit or facilitate the commission of any imprisonable offence
- facilitate the commission meaning
b) avoid detection of himself or any other person in the commission of any imprisonable offence. 
- Avoid detection meaning
c) avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
- Facilitate flight meaning
- Imprisonable offence
- R v Wati
Wounds
- R v Waters
OR Maims
- meaning
OR Disfigures
- meaning
- R v Rapana and Murray
OR Causes GBH
- GBH meaning
- DPP v Smith
OR Stupefies
- R v Sturm
OR Renders unconscious 
- Unconscious meaning
OR by any violent means renders any person incapable of resistance
- violent mean meaning
- R v Crossan
Any person
- Person meaning
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6
Q

Aggravated Injuring

A
191(2) (a)(b)(c).  7yrs
with intent to 
- intent meaning
- R v Tihi
a)commit or facilitate the commission of any imprisonable offence
- facilitate the commission meaning
b) avoid detection of himself or any other person in the commission of any imprisonable offence. 
- Avoid detection meaning
c) avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
- Facilitate flight meaning
- Imprisonable offence
- R v Wati
Injures
- S2 meaning
- R v Donovan
Any person
- person meaning
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7
Q

Aggravated Assault

A
192(1)(a)(b)(c).  3yrs
with intent to 
- intent meaning
- R v Tihi
a)commit or facilitate the commission of any imprisonable offence
- facilitate the commission meaning
b) avoid detection of himself or any other person in the commission of any imprisonable offence. 
- Avoid detection meaning
c) avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
- Facilitate flight meaning
- Imprisonable offence
- R v Wati
Assault
- Assault meaning
Any person
- Person meaning
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8
Q

Discharging a firearm with intent

A
198(1)(a)   14yrs
With intent to do GBH
- Intent
- GBH meaning
- DPP v SMith
Discharges any firearm, air gun or similar weapon
- Discharge meaning
- Firearm meaning
- Airgun meaning
At any person
- R v Pekepo
- Person meaning
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9
Q

Doing dangerous act with intent (explosive)

A
198(1)(b).  14yrs
With intent to GBH
- Intent
- GBH meaning
- DPP v Smith
Sends or delivers to any person
- Sends or delivers meaning
- Person meaning
OR puts in any place
- Meaning
Any explosive
- Explosive meaning
OR injurious substance or device
- meaning
- completion of offence
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10
Q

Doing dangerous act with intent (fire)

A
198(1)(c).  14yrs
With intent to GBH
- intent
- GBH meaning
- DPP v Smith
Sets fire
- fire meaning
To any property
- property meaning
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11
Q

Uses any Firearm Against Law Enforcement Officer (1)

A
198A(1)   14yrs
Use any firearm in any manner whatever
- meaning
- R v Swain
- Firearm S2
Against any PO or TO or PO
- Sec 4 Policing Act meaning
Acting in the course of his or her duty
- course of his or her duty meaning
- unlawful acting
Knowing that or being Reckless whether or not that person is a member of the P or TO or PO
- knowing they are a member of police
- Simester and Brookbanks 
- R v Harney (if reckless)
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12
Q

Using Any Firearm against Law Enforcement Officer (2)

A
198A(2).  10yrs
Uses any firearm in any manner whatever
-uses meaning
-R v Swain
-Firearm meaning
With intent to resist the the lawful arrest or detention
-intent
-fisher v R
Of himself or herself or any other person
-person meaning
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13
Q

Commission of an imprisonable offence with a firearm (1)

A
198B(1)(a).  10yrs
In committing any imprisonable offence
- imprisonable offence meaning
Uses any firearm
- uses meaning
- firearm meaning
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14
Q

Commission of an imprisonable offence with a firearm (2)

A
198B(1)(b).  10yrs
While committing any imprisonable offence
- imprisonable offence meaning
Has any firearm with him or her
- has with him meaning
- firearm meaning
In circumstances that prima facie show an intention to use it in connection with that imprisonable offence
-mere possession insufficient
-prima facie
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15
Q

Abduction for Purposes of Marriage or SC

A
208(a)(b)(c).  14yrs
Unlawfully
- meaning
Takes away
-R v Crossan
-R v Wellard
OR Detains
- R v Crossan
- R v Pryce
A person
- meaning
Without his/her consent
- Consent meaning
- R v Cox (consent)
OR With his/her consent obtained by fraud or duress
- Consent meaning
- R v Cox (consent)
-Fraud meaning (if appropriate)
- Duress meaning (if appropriate)
- Child Consent
With intent to:
- intent meaning
- Mohi
- R v Waaka
a) Marry him/her
- Marry meaning
b) Have S/C with him/her
- SC meaning
c) cause him/her to be married or have S/C with some other person
- meaning
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16
Q

Kidnapping

A
209(a)(b)(c).  14yrs
Unlawfully
- meaning
Takes away
-R v Crossan
-R v Wellard
OR Detains
- R v Crossan
- R v Pryce
A person
- meaning
Without his/her consent
- Consent meaning
- R v Cox (consent)
OR With his/her consent obtained by fraud or duress
- Consent meaning
- R v Cox (consent)
-Fraud meaning (if appropriate)
- Duress meaning (if appropriate)
- Child Consent
With intent to:
- intent meaning
- Mohi
- R v Waaka
- R v M
a) Hold him/her for ransom or to service
- Ransom meaning
-Service meaning
b) To cause him/her to be imprisoned or confined
-Imprisoned meaning
- Confined meaning
c) To cause him/her to be sent or taken out of NZ
-Sent/Taken out of NZ meaning.
17
Q

Abduction of young person under 16 (1)

A

Section 210(1) CA61 - 7 years imp

With intent to deprive a parent or guardian or other person who has the lawful care or charge of a young person
-intent
-person having lawful care or charge
-young person
-R v Forest and forest
of the possession of a young person
-possession
-R v Cox
Unlawfully 
-meaning
Takes or entices away or detains the young person
-meaning
Child cannot consent
18
Q

Abduction of young person under 16 (1)

A

Section 210(2) CA61 - 7 years imp

Receives a young person
-receives
-young person
-R v Forest and Forest 
knowing they have been unlawfully taken or enticed away or detained 
-Simester and Brookbanks
-unlawfully meaning
-take away/entice/detain meaning
With intent to deprive a parent or guardian or other person having the lawful care or charge of him or her
-intent
-person having lawful care or charge
-young person
-R v Forest and forest
of the possession of him or her
-possession
-R v Cox
19
Q

Aggravated Robbery - GBH

A
235(a).   14yrs
Robs any person
- Robbery liability
- Person meaning
An at the time or immediately before or immediately after
- Meaning of either 
Causes GBH to any person
- GBH meaning
- DPP v Smith
- Person meaning
20
Q

Aggravated Robbery - Together

A
235(b).  14yrs
Being together with any other person or person
- Being together meaning
- R v Galey
- R v Joyce
- Person meaning
Robs
- Robbery liability
Any person
- Person meaning
21
Q

Aggravated Robbery - Offensive Weapon

A
235(c).  14yrs
Being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument
- Being armed meaning
- Offensive weapon
- Instrument meaning
- Anything appearing meaning
Robs
- Robbery liability
Any person
- Person meaning
22
Q

Assault with Intent to Rob - GBH

A
236(1)(a).  14yrs
With intent to rob any person
- intent
- Robbery liability
- person meaning
Causes GBH 
- GBH meaning
- DPP v Smith
To that person or any other person
- Person meaning
23
Q

Assault with Intent to Rob - Offensive Weapon

A
236(1)(b).  14yrs
With intent to rob any person
- Intent
- Robbery liability
- Person meaning
Being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument
- Being armed meaning 
Offensive weapon/Instrument/ appearing meaning
Assaults that person or any other person
- Assault meaning
- Person meaning
24
Q

Assault with Intent to Rob - Together

A
236(1)(c).  14yrs
With intent to rob any person
- intent meaning
- Robbery liability
- Person meaning
Being together with any other person or persons
- Being together meaning
- R v Joyce
Assaults that person or any other person
- Assaults meaning
- Person meaning
25
Q

Smuggling Migrants

Not Liability just elements

A

98C. 20yrs
Involves a person who has freely consented to be brought into NZ as an illegal immigrant and is not subjected to coercion or deception.

26
Q

Blackmail

Not Liability just elements

A

237(1) (a)(b). 14yrs
(1) Everyone who threatens, expressly or by implication;

  • to make any accusation against any person (whether living or dead), or
  • to disclose something about any person (whether living or dead), or
  • cause serious damage to 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

27
Q

Robbery

A
234(1).  10yrs
Theft
- Theft liability 
- R v Skivington
- Property S2
- R v Lapier
- R v Cox
- Actual possession
- Potential possession
Accompanied by violence
- R v Maihi
- Violence S2
- Peneha v Police
Accompanied by threats of violence
- Threat of violence meaning
To any person or property
- Person meaning
- Property meaning
Used to extort the property stolen
- Extort meaning
OR Prevent or overcome resistance to the property being stolen
- Prevent meaning
- Overcome resistance meaning
28
Q

Trafficking in persons

Not Liability just elements

A

98D. 20yrs
Involves a person who is brought into NZ by means of coercion and/or deception. People are often trafficked in order to exploit them in the destination country - e.g. forced labour, removal of organs, mostly for sexual exploitation.

29
Q

Demanding with intent to steal

Not Liability just elements

A

239(1). 14yrs
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

30
Q

Demanding with menaces

Not Liability just elements

A
239(2).  7yrs
With menaces or by way of any threat
Demands any property
From any persons
With intent to steal it