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M - Mehrtens > LIABILITIES - DEFINITIONS > Flashcards

LIABILITIES - DEFINITIONS Flashcards

1
Q

With Intent to Cause GBH

A

There must be an intention to:
- to commit an act &
- to get a specific result

Intent - means that an act or omission must be done deliberately. The act or omission must be more than involuntary or accidental.

R v TAISALIKA
- The nature of the blow and the gash which it produced points strongly to the necessary presence of the necessary intent

R v COLLISTER
- Circumstantial evidence, offender’s intent inferred action/words, before, during or after the incident. Surrounding circumstances/nature of the act inferred.

GBH
DPP v SMITH
Harm that is really serious

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2
Q

To Any Person (Wounding with Intent) - DOCTRINE OF TRANSFERRED MALICE

A

DOCTRINE OF TRANSFERRED MALICE
- Person suffering injury need not be intended person. Still liable even if accidental victim.

e.g mistaken identity or force intended for one person effects another

Gender Neutral. Accepted by J/N or proved by C/E.

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3
Q

Wounds

A

R v WALTERS
- Breakage of skin, flow of blood. External/Internal

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4
Q

Maims

A

Deprive victim use of limb or one of senses. Crippling, mutilations, disabling. May be some form of permeance.

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5
Q

Disfigures

A

Deform, deface, alter figure or appearance of person

R v RAPANA & MURRARY
- Temporary/Permanent Damage

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6
Q

Causes GBH

A

GBH
DPP v SMITH
Harm that is really serious

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7
Q

Stupifies

A

Induces a state of stupor, to make stupid, groggy or insensible, to dull the senses.

R v STRUM
- To cause an effect on the mind or nervous system of a person, interferes with the persons mental or physical ability to act (fight back or stop the offences)

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8
Q

Renders Unconscious Any Person

A

Renders Unconscious Person
Causes someone to lose consciousness

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9
Q

By Any Violent Means

A

By Any Violent Means
- Renders any person unable to resist

“Violent means” not limited to physical violence and may include threats of violence, depending on the circs.

R v CROSSAN
- Incapable of resistance - incl. powerless of will as well as a physical inability

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10
Q

With Intent to Injure

A

There must be an intention to:
- to commit an act &
- to get a specific result

Intent - means that an act or omission must be done deliberately. The act or omission must be more than involuntary or accidental.

R v TAISALIKA
- The nature of the blow and the gash which it produced points strongly to the necessary intent

R v COLLISTER
- Actions or words, before/during or after. Surrounding Circs and nature of act.

Injure
Actual Bodily Harm

R v McARTHUR
Bodily Harm
- Interfere with health/comfort of the victim
- Not need to be permanent, but must be more than trifling

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11
Q

With Reckless Disregard for the Safety of Others

A

Recklessly
- Consciously and deliberately ran risk. Unreasonable risk to take.

CAMERON v R
- Recklessness proved by:
a) Def. consciously/deliberately ran risk (subjective)
b) Unreasonable given risk - would a reasonable person take the risk (objective)

  • Actions bring a proscribed result
  • Risk unreasonable given circs.
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12
Q

Injures

A

Injure
- Actual Bodily Harm

R v McARTHUR
Bodily Harm
- Interfere with health/comfort of the victim
- Not need to be permanent, but must be more than trifling

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13
Q

Intent

A

There must be an intention to:
- to commit an act &
- to get a specific result

Intent - means that an act or omission must be done deliberately. The act or omission must be more than involuntary or accidental.

R v TAISALIKA
- The nature of the blow and the gash which it produced points strongly to the necessary intent

R v COLLISTER
- Actions or words, before/during or after. Surrounding Circs and nature of act.

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14
Q

To Commit or Facilitate the Commission
of Any Imprisonable Offence

A

Facilitate:
Means to make possible or easier
- No necessary to prove the intended crime was committed

Imprisonable Offence:
- Offence punishable by Imprisonment

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15
Q

To Avoid the Detection of Himself or of any other Person in the Commission
of Any Imprisonable Offence

A

Avoid the Arrest:
- Causes harm to avoid being caught

Imprisonable Offence:
- Offence punishable by Imprisonment

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16
Q

To Avoid the Arrest or Facilitate the flight of himself or of any other Person upon the Commission
of Any Imprisonable Offence

A

Escape the Arrest:
- Cause harm to make it easier for the offenders to escape or prevent capture

R v WAITI
- There must be proof of the commission/the attempt by:
Person committing assault
Person or arrest or flight he intends to facilitate

Imprisonable Offence:
- Offence punishable by Imprisonment

R v TIHI
- 2-fold test for Prosecution
Intent to facilitate the Commission of Any Imprisonable Offence
Intent to cause the specified harm, or reckless

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17
Q

Use any firearm in any manner whatever against any

A

Firearm
- Anything from which any shot, bullet, missile or other projectile can be discharged by force of explosive

Any matter whatever
- Handling or manipulating a firearm in a manner that conveys an implied threat

R v SWAIN
Purposely removing a shotgun from a bag after being called on by a Constable, amounts to a use of that firearm.

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18
Q

Constable or Traffic Officer or Prison Officer

A

Self-Explanatory

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19
Q

Acting in the Course of his or her duty

A

Actions must be lawful including detecting Crime, apprehending offenders, protecting life etc. Typically, on duty but includes off-duty in circumstances that there is a professional obligation, such as the above protection of life

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20
Q

Knowing that or being reckless whether or not that the person is Constable or a Traffic Officer or a Prison Officer so Acting.

A

SIMESTER AND BROOKBANKS
Knowledge:
“Knowing or Correctly Believing”
- Def. may believe something is wrong and cannot know something is false.

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21
Q

Unlawfully

A

Unlawfully
Without lawful justification or excuse

22
Q

Unlawfully (Abduction)

A

Unlawfully
Without lawful justification or excuse

S210A (defence)
- A person who claims in good faith a right to the possession of a YP under 16yrs cannot be convicted.

23
Q

Takes Away

A

Taking Away
- Physically removed from one place to another

R v WELLARD
Take away from where they want to be

24
Q

Entices Away

A

Entices/Taking Away
- Physically removed from one place to another

R v WELLARD
Take away from where they want to be

25
Q

Detains

A

Detains
- Impose constraint /restraint on the person detained

R v PRYCE
Keep in Confinement/Custody

26
Q

Without their consent

A

Consent - Agreement to something desired/proposed

R v COX
- Consent is full, free, voluntary, informed. Freely and voluntary given by a person able to form a rational judgment

Section 209
- Under 16, cannot consent being taken away or detained

27
Q

With consent obtained by Fraud or Duress

A

Consent - Agreement to something desired/proposed

R v COX
- Consent is full, free, voluntary, informed. Freely and voluntary given by a person able to form a rational judgment

Fraud
- Deceiving victim by misrepresenting the facts

Duress
- Demand based on Fear

28
Q

With intent (ABDUCTION)

A

There must be an intention to:
- to commit an act &
- to get a specific result

Intent - means that an act or omission must be done deliberately. The act or omission must be more than involuntary or accidental.

R v COLLISTER
- Circumstantial evidence, offender’s intent inferred action/words, before, during or after the incident. Surrounding circumstances/nature of the act inferred.

R v MOHI
- Offence committed at the time of taking as long as having necessary intent.

29
Q

a) Go through a form of Marriage or Civil Union

A

Marriage / Civil Union
- Engage in marriage / civil union

30
Q

b) Have sexual connection with the person

A

Sexual Connection
- Introduction into genitalia or anus by another person, other than for medical purpose, using part of their body or object manipulated

31
Q

c) Cause the person to go through a form of marriage or civil union, OR to have sexual connection with some other person

A

Go through a form of marriage / civil union
- Takes away or detain victim for another to marry or have Sexual Connection with.

32
Q

a) Hold for Ransom or Service

A

Ransom
- Money paid for release

Service
- Hold as servant or slave

33
Q

b) Cause to be Imprisoned or Confined

A

Imprisoned
- As if in prison

Confined
- Restrict movement but also means exercise control/influence

34
Q

c) Cause to be sent or taken out of NZ

A

Sent out of NZ
- Intent for Victim to leave NZ, sent or leaves under duress

Taken out of NZ
- In the company of a person accompany them out of NZ

35
Q

With intent to deprive:
- a Parent Or
- Guardian Or
- Other Person having the lawful care or charge of a Young Person

A

Intent
- Commit the act (depriving parent of possession)
- Get the result

Permanent depriving is intentional

R v COLLISTER
- Actions or words, before/during or after. Surrounding Circs and nature of act.

R v CHARTRAND
- Defendant may have had innocent motives - not relevant

Possession:
R v Cox
2 Elements (physical/mental)
- Physical - Custody and control
- Mental - Knowledge and intent

36
Q

The Young Person

A

R v FOREST v FOREST
- Best possible evidence, proof of victims age.
- Onus on Prosecution to victim’s age

37
Q

Theft

A

THEFT
Dishonesty and without claim of right, takes any property with intent to deprive the owner permanently of that property or any interest in that property.

DISHONESTY
Means by act/omission, no belief, express/implied consent for the act/omission from other person

CLAIM OF RIGHT
Belief at the time of the act, ownership or possession right of the property, the alleged offence has been committed, although belief of mistake/ignorance doesn’t matter, the enactment of the alleged offence has been committed

TAKES
Does not include ownership, possession, control of property (by deception)
Taking met if property moved (offender causes it to move)

R v LAPIER
Robbery complete once item taken

R v SKIVINGTON
Defence to theft

R v PEAT
Return goods after Robbery - does not matter

POSSESSION

R v COX
2 elements
Physical - Knowledge (Custody/Control)
Mental - Knowledge to intention to maintain possession

38
Q

Accompanied by Violence

A

ACCOMPANIED
R v MAIHI
Must be a connection between threat and stealing (both must be present)
However, doesn’t have to be contemporaneous

VIOLENCE
PENEHA v POLICE
Def actions interfere with personal freedom, or a forcible powerful or violent action or motion

39
Q

Accompanied by Threats of Violence

A

THREATS OF VIOLENCE
R v BROUGHTON
Threat made by actions or words

R v PACHOLKO
Conduct of the Def. has to be assessed rather than “the strength of the nerves of the person threatened”.

40
Q

To Any Person or Property

A

PERSON
G/N - accepted by J/N or proved by C/E

PROPERTY
Threat or the Violence maybe directed against any person, need not be against the Victim or Victims Property

41
Q

Used to extort any Property stolen

A

EXTORT
Obtain by coercion/Intimidation

42
Q

To Prevent or Overcome resistance to it being stolen

A

PREVENT
Stop from happening

OVERCOME
To defeat/To Prevail over

43
Q

Robs

A

THEFT
Theft accompanied by Violence or threats of Violence to any person used to extort any stolen property OR to prevent or Overcome resistance to it being stolen.

Dishonestly and without claim or right taking any property

R v LAPIER
Robbery complete once item taken

R v SKIVINGTON
Defence to theft

R v PEAT
Return goods after Robbery - does not matter

R v MAIHI
Must be a connection between threat and stealing (both must be present)
However, doesn’t have to be contemporaneous

44
Q

Any Person

A

GN - Accepted by J/N, proved by C/E. Age of victim is also not relevant.

45
Q

At the time of
Or
Immediately before
Or
Immediately after the Robbery causes GBH

A

At the time of - the violence used at the time has resulted in serious harm

Immediately - a matter of fact and degree in each case

GBH
DPP v SMITH
Harm that is really serious

46
Q

Being together with any other Person or Persons

A

Together with requires 2/more people physically present acting together in the commission of the robbery

R v JOYCE
- Establish 2 or more persons are present

R v GALEY
- Being together, 2 or more having with common intension/purpose to commit a crime.

47
Q

Being armed with any Offensive Weapon or Instrument
OR
Anything appearing to be such a Weapon or Instrument

A

Being Armed With
- Carrying the item, has it available for immediate use as a weapon

Offensive Weapon
- Section 202A - CA 1961
O/W - any article made or altered for use for causing bodily injury or carry it for that use
O/W - any article capable of being used for causing bodily injury

R v BENTHAM
- Must be a thing (not a finger)

48
Q

Anything appearing to be such a Weapon or Instrument, Assaults

A

Offensive Weapon
- Section 202A - CA 1961
O/W - any article made or altered for use for causing bodily injury or carry it for that use
O/W - any article capable of being used for causing bodily injury

R v BENTHAM
- Must be a thing (not a finger)

ASSAULTS:
Intentionally applying or threatening to apply force to the person of another, directly or indirectly.

49
Q

Assaults

A

Intentionally applying or threatening to apply force to the person of another, directly or indirectly.

50
Q

That Person / As Other Person

A

GN - Accepted by J/N, proved by C/E. Age of victim is also not relevant.

51
Q

Receives

A

Physical custody of the YP

52
Q

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 lawful care or charge of him or her of possession of him or her.

A

Section 201A Defence
- a person who claims in good faith a right to the possession of a YP under <16 years cannot be convicted

Knowing
Knowledge that YP has been abducted

SIMESTER AND BROOKBANKS
Knowledge:
“Knowing or Correctly Believing”
- Def. may believe something is wrong and cannot know something is false.

M - Mehrtens (14 decks)

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