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CIB Pre-Req 2017 > Liabilities - Elements Only > Flashcards

Liabilities - Elements Only Flashcards

1
Q

Accessory After The Fact

A

S71(1) CA 1961
7 Years Imp for Life Penalty
5 Years Imp for 10 Years + Penalty
Half Penalty for Under 10 Years Penalty

  • Knowing Any Person to be a Party to an Offence
  • Receives, Comforts or Assists That Person
    OR
    Tampers with or Actively Suppresses any Evidence Against him or her
  • In Order to Help Him or Her to Escape after Arrest
    OR
    To Avoid Arrest or Conviction
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2
Q

Robbery

A

S234(1) CA61
10 Years Imp

  • Theft
  • Accompanied by Violence
    OR
    Threats of Violence
  • To any Person or property
  • Used to Extort the Property Stolen
    OR
    Prevent or Overcome Resistance to it being Stolen
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3
Q

Aggravated robbery (a)

A

S235(a) CA 1961
14 Years Imp

  • Robs any Person
  • And at the Time of or Immediately Before or Immediately After the Robbery
  • Causes GBH to any Person
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4
Q

Aggravated robbery (b)

A

S235(b) CA 1961
14 Years Imp

  • Being Together with any other Person or Persons
  • Robs
  • Any Person
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5
Q

Aggravated robbery (c)

A

S235(c) CA 1961
14 Years Imp

1) Being armed with any offensive weapon
OR
instrument
OR
anything appearing to be such an offensive weapon or instrument
2) Robs
3) Any person
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6
Q

Import/Export Controlled Drug

A

S6(1)(a) MODA 1975
Life Imp

1) Imports Into
OR
Exports From New Zealand

2) Any Controlled Drug

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7
Q

Produce or Manufacture Any Controlled Drug

A

S6(1)(b) MODA 1975
Life / 14 / 8 Years Imp

1) Produce
OR
Manufacture

2) Any Controlled Drug

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8
Q

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

A

S6(1)(c) MODA 1975
Life / 14 Years Imp

1)  Supplies or Administers      
OR
Offers to supply or administer
OR
Otherwise deal in

2) Any Class A or B controlled drug
3) To any person

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9
Q

Supply/Administer/Offer Class C Controlled Drug to Persons under 18 years of Age

A

S6(1)(d) MODA 1975
8 Years Imp

1) Supplies or Administers
OR
Offers to supply or administer

2) Any Class C Controlled Drug
3) To any person under 18 years of age

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10
Q

Sells or offers to sell Class C controlled drug to persons of or over 18 years of age

A

S6(1)(e) MODA 1975
8 Years 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

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11
Q

Possession a Controlled Drug for Supply/Administer/Sell/Offer

A

S6(1)(f) MODA 1975
Life / 14 / 8 Years Imp

1) Has in his possession
2) Any Controlled Drug
3) For any of the purposes set out in paras (c), (d) or (e)

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12
Q

Arson (a)

Danger to life

A

S267(1)(a) CA 1961
14 years Imp

- Intentionally 
OR 
Recklessly 
- Damages by Fire 
OR 
Damages by means of Explosive 
- Any Property 
- If he or she knows or ought to know danger to life is likely to ensue
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13
Q

Arson (b)

No interest

A

S267(1)(b) CA 1961
14 years Imp

- Intentionally 
OR 
Recklessly 
- And Without Claim of Right
- Damages by Fire 
OR 
Damages by means of Explosive 
- Any immovable property or any vehicle, ship or aircraft in which that person has no interest
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14
Q

Arson (c)

Obtain benefit/cause loss

A

S267(1)(c) CA 1961
14 years Imp

  • Intentionally
  • Damages by Fire
    OR
    Damages by means of Explosive
  • Any Immovable Property
    OR
    Vehicle
    OR
    Ship
    OR
    Aircraft
  • With Intent to Obtain any Benefit
    OR
    Cause Loss to any other person
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15
Q

Arson (a) (Other)

No interest (Other property)

A

S267(2)(a) CA 1961
7 years Imp

- Intentionally 
OR 
Recklessly 
- And Without Claim of Right
- Damages by Fire 
OR 
Damages by means of Explosive 
- Any Property (other than property listed in section 267(1)) in which that person has no interest
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16
Q

Arson (b) (Other)

Obtain Benefit/Cause Loss (Other Property)

A

S267(2)(b) CA 1961
7 years Imp

- Intentionally 
OR 
Recklessly 
- Damages by Fire 
OR 
Damages by means of Explosive 
- Any Property (other than property listed in section 267(1))
- With Intent to Obtain any Benefit
OR
Cause Loss to any Person
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17
Q

Abduction

A

S208(a) (b) or (c) CA 1961
14 Years 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) With Intent to:
a) marry him or her or
b) 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

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18
Q

Kidnapping

A 
Section 209 (a) or (b) or (c) CA 1961
14 Years 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) With Intent to:
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.

19
Q

Discharging a Firearm with Intent

A

S198(1)(a) CA 1961
14 Years Imp

  • With Intent to do Grievous Bodily Harm
  • Discharges any Firearm, Airgun or Similar Weapon
  • At Any Person
20
Q

Doing Dangerous Act with Intent

A

S198(1)(b) CA 1961
14 Years Imp

  • With Intent to do Grievous Bodily Harm
  • Sends or Delivers to any Person
    OR
    Puts in any Place
  • Any Explosive
    OR
    Injurious Substance or Device
21
Q

Uses any Firearm Against Law Enforcement Officer

A

S198A(1) CA 1961
14 Years Imp

  • Uses any Firearm in any Manner Whatever
  • Against any Constable, or any Traffic Officer, or any Prison Officer Acting in the Course of his or her Duty
  • Knowing that
    OR
    Being Reckless Whether or Not that the Person is a Constable or Traffic Officer or Prison Officer So Acting
22
Q

Commission of an Imprisonable Offence with a Firearm

A

S198B(1)(a) CA 1961
10 Years Imp

  • In Committing any Imprisonable Offence
  • Uses any Firearm
23
Q

Takes/Obtains a Document

A

S228(1)(a) CA 1961
7 Years Imp

  • With Intent to Obtain any Property, Service, Pecuniary Advantage or Valuable Consideration
  • Dishonestly
  • And without claim or right
  • Takes or Obtains any Document
24
Q

Uses/Attempts to Use a Document

A

S228(1)(b) CA 1961
7 Years Imp

  • With Intent to Obtain any Property, Service, Pecuniary Advantage or Valuable Consideration
  • Dishonestly
  • And without claim or right
  • Uses or Attempts to Use any Document
25
Q

Sexual Violation by Rape

A

S128(1)(a) CA 1961
20 Years Imp

  • A Person
  • Rapes
  • Another Person
26
Q

Sexual Violation by Unlawful Sexual Connection

A

S128(1)(b) CA 1961
20 Years Imp

  • A Person
  • Has Unlawful Sexual Connection
  • With Another Person
27
Q

Sexual Conduct with a Child Under 12

A 
Section 132(1), (2), or (3) CA61
14, 10, or 10 Years Imp
  • Everyone who
  • (1) Has sexual connection with
  • (2) Attempts to have sexual connection with
  • (3) Does an indecent act on
  • A child
28
Q

Sexual Conduct with a Young Person Under 16

A 
Section 134(1), (2), or (3) CA61
10, 10, or 7 Years Imp
  • Everyone who
  • (1) Has sexual connection with
  • (2) Attempts to have sexual connection with
  • (3) Does an indecent act on
  • A young person
29
Q

Indecent Assault

A

S135 CA 1961
7 Years Imp

  • Everyone Who
  • Indecently Assaults
  • Another Person
30
Q

Wounding with Intent to Cause GBH

A

S188(1) CA 1961
14 Years Imp

  • With Intent to Cause Grievous Bodily Harm
  • To any one
  • Wounds
    OR
    Maims
    OR
    Disfigures
    OR
    Causes GBH
  • To any Person
31
Q

Wounding with Intent

A

S188(2) CA 1961
7 Years Imp

- With Intent to Injure Anyone
OR
With Reckless Disregard for the Safety of Others
- Wounds 
OR 
Maims 
OR 
Disfigures 
OR 
Causes GBH 
- To Any Person
32
Q

Injuring with Intent to Cause GBH

A

S189(1) CA 1961
10 Years Imp

  • With Intent to Cause Grievous Bodily Harm
  • To any one
  • Injures
  • Any person
33
Q

Injuring with Intent

A

S189(2) CA 1961
5 Years Imp

- With Intent to Injure Anyone
OR
With Reckless Disregard for the Safety of Others
- Injures
- Any Person
34
Q

Aggravated Wounding

A

S191(1)(a) or (b) or (c) CA 1961
14 Years Imp

- (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 an Imprisonable Offence
OR 
(c) With Intent to Avoid Arrest or Facilitate Flight of himself or any other person Upon the Commission or Attempted Commission of Any Imprisonable Offence
- Wounds any Person
OR
Maims any Person
OR 
Disfigures any Person
OR
Causes GBH to any Person
OR 
Renders Unconscious any Person
OR 
By any Violent Means Renders any Person Incapable of Resistance
35
Q

Aggravated Injuring

A

S191(2)(a) or (b) or (c) CA 1961
7 Years Imp

  • (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 an Imprisonable Offence
    OR
    (c) With Intent to Avoid Arrest or Facilitate Flight of himself or any other person Upon the Commission or Attempted Commission of Any Imprisonable Offence
  • Injures
  • Any Persons
36
Q

Receiving

A

S246(1) CA61
7 Years Imp (Exceeds $1000)
1 Year Imp ($500 - $1000)
3 Months Imp (Under $500)

  • Receives
  • Any property stolen
    OR
    obtained by any other imprisonable offence
  • Knowing the property to be stolen or so obtained
    OR
  • Being reckless whether or not the property had been stolen or so obtained
37
Q

Conspiracy

A

S310(1) CA61

7 Years Imp
(if penalty of that offence exceeds 7 years - otherwise same penalty)

  • Conspires
  • With any person

• To commit any offence
OR
• To do or omit, in any part of the world,
• Anything of which the doing or omission in New Zealand would be an offence.

38
Q

Obtains by Deception - Property

A

S240(1)(a) CA61
Exceeds $1000 - 7 Years Imp
$500 to $1000 - 1 Year Imp
Under $500 - 3 Months Imp

(1) By deception and without claim of right
(2) Obtains ownership or possession of, or control over
(3) Any property, privilege, service, pecuniary advantage, benefit or valuable consideration, directly or indirectly

39
Q

Obtains by Deception - Credit

A

S240(1)(b) CA61
Exceeds $1000 - 7 Years Imp
$500 to $1000 - 1 Year Imp
Under $500 - 3 Months Imp

(1) By deception and without claim of right
(2) In incurring any debt or liability, obtains credit

40
Q

Obtains by Deception - Altering Documents

A

S240(1)(c) CA61
Exceeds $1000 - 7 Years Imp
$500 to $1000 - 1 Year Imp
Under $500 - 3 Months Imp

(1) By deception and without claim of right
(2) Induces or causes any other person to deliver over, execute, make, accept, endorse, destroy or alter
(3) Any document or thing capable of being used to derive a pecuniary advantage

41
Q

Obtains by Deception - Causes Loss

A

S240(1)(d) CA61
Exceeds $1000 - 7 Years Imp
$500 to $1000 - 1 Year Imp
Under $500 - 3 Months Imp

(1) By deception and without claim of right
(2) Causes loss to any other person

42
Q

Attempts to Commit Sexual Violation

A

S129(1) CA61
10 Years

  • Every one who
  • attempts to commit sexual violation
  • of the other person
43
Q

Assault with Intent to Commit Sexual Violation

A

S129(2) CA61
10 Years Imp

  • Assaults another person
  • With intent to commit sexual violation of the other person

CIB Pre-Req 2017 (10 decks)

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