Liabilities - Legislation/Elements Flashcards
SEXUAL VIOLATION BY RAPE
SEXUAL VIOLATION BY RAPE Section 128(1)(a), Crimes Act 1961
A person
Rapes
Another person
Penalty: S128(b) 20 yrs imp
SEXUAL VIOLATION BY UNLAWFUL SEXUAL CONNECTION
SEXUAL VIOLATION BY UNLAWFUL SEXUAL CONNECTION Section 128(1)(b), Crimes Act 1961
A person
Has unlawful sexual connection
With another person
Penalty: S128(b) 20 yrs imp
ASSAULT WITH INTENT TO COMMIT SEXUAL VIOLATION
ASSAULT WITH INTENT TO COMMIT SEXUAL VIOLATION Section 129(2), Crimes Act 1961
A person
Assaults
Another person
With intent to commit sexual violation of the other person
Penalty: 10 yrs imp
SEXUAL CONDUCT WITH A CHILD UNDER 12
SEXUAL CONDUCT WITH A CHILD UNDER 12
Section 132, Crimes Act 1961
A person (1) Has sexual connection with (2) Attempts to have sexual connection with (3) Does an indecent act on A child
Penalty: 14 yrs imp
SEXUAL CONDUCT WITH A YOUNG PERSON UNDER 16
SEXUAL CONDUCT WITH A YOUNG PERSON UNDER 16
Section 134, Crimes Act 1961
A person (1) Has sexual connection with (2) Attempts to have sexual connection with (3) Does indecent act on A young person
Penalty: 10 yrs imp
INDECENT ASSAULT
INDECENT ASSAULT
Section 135, Crimes Act 1961
A person
Indecently assaults
Another person
Penalty: 7 yrs imp
WOUNDING WITH INTENT
WOUNDING WITH INTENT
Section 188(1), Crimes Act 1961
With intent to cause grievous bodily harm
To any person
Wounds OR maims OR disfigures OR causes grievous bodily harm
To any person
Penalty: 14 yrs imp
Section 188(2), Crimes Act 1961
With intent to injure any person OR with reckless disregard for the safety of others
Wounds OR mains OR disfigures OR causes grievous bodily harm
To any person
Penalty: 7 yrs imp
INJURING WITH INTENT
INJURING WITH INTENT
Section 189(1), Crimes Act 1961
With intent to cause grievous bodily harm
To any person
Injures
Any person
Penalty: 10 yrs imp
Section 189(2), Crimes Act 1961
With intent to injure any person OR with reckless disregard for the safety of others
Injures
Any person
Penalty: 5 yrs imp
AGGRAVATED WOUNDING
AGGRAVATED WOUNDING Section 191(1), Crimes Act 1961
With intent to:
(a) Commit or facilitate the commission of any imprisonable offence; OR
(b) Avoid the detection of himself or of any other person in the commission of any imprisonable offence; OR
(c) Avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence -
Wounds, OR maims OR disfigures OR causes grievous bodily harm to any person,
OR
Stupefies or renders unconscious any person,
OR
By any violent means renders any person incapable of resistance.
Penalty: 14yrs imp
DISCHARGING FIREARM OR DOING DANGEROUS ACT WITH INTENT
DISCHARGING FIREARM OR DOING DANGEROUS ACT WITH INTENT
Section 198(1)(a), Crimes Act 1961
With intent to do GBH Discharges any: - Firearm - Airgun - Other similar weapon At any person
Section 198(1)(b), Crimes Act 1961
With intent to do GBH - Sends to any person OR - Delivers to any person, - OR puts in any place Any explosive OR injurious substance
Penalty for all: 14 yrs imp
USING ANY FIREARM AGAINST LAW ENFORCEMENT OFFICER, ETC
USING ANY FIREARM AGAINST LAW ENFORCEMENT OFFICER, ETC
Section 198A(1), Crimes Act 1961
Uses any firearm in any manner whatever
Against any
- Constable
- Traffic officer
- 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, traffic officer, prison officer so acting
Penalty: 14 yrs imp
Section 198A(2), Crimes Act 1961
Uses any firearm in any manner whatever
With intent to resist the lawful arrest or detention of himself, herself or any other person
Penalty: 10 yrs imp
COMMISSION OF CRIME WITH FIREARM
COMMISSION OF CRIME WITH FIREARM
Section 198B(1)(a), Crimes Act 1961
In committing any imprisonable offence
Uses any firearm
Section 198B(1)(b), Crimes Act 1961
While committing any imprisonable offence
Has any firearm with him or her
In circumstances that prima facie show an intention to use it in connection with that imprisonable offence
Penalty for all: 10 yrs imp
ABDUCTION
ABDUCTION
Section 208, Crimes Act 1961
Unlawfully
Takes away or detains
A person
Without their consent or with consent obtained by fraud or duress
With intent to
(a) Go through a form of marriage or civil union, OR
(b) Have sexual connection with the person, OR
(c) Cause the person to go through a form of marriage or civil union, or to have sexual connection, with some other person
Penalty: 14 yrs imp
KIDNAPPING
KIDNAPPING
Section 209, Crimes Act 1961
Unlawfully
Takes away or detains
A person
Without their consent or with consent obtained by fraud or duress
With intent to
(a) Hold him or her ransom or to service, OR
(b) Cause him or her to be confined or imprisoned; OR
(c) Cause him or her to be sent or taken out of New Zealand
Penalty: 14 yrs imp
ABDUCTION OF A YOUNG PERSON UNDER 16
ABDUCTION OF A YOUNG PERSON UNDER 16
Section 210(1), Crimes Act 1961
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
Unlawfully
Takes or entices away or detains
The young person
Section 210(2), Crimes Act 1961
Receives
A young person
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
Penalty: 7 yrs imp
DISHONESTLY TAKING OR USING A DOCUMENT
DISHONESTLY TAKING OR USING A DOCUMENT
Section 228(1)(a), Crimes Act 1961
Dishonestly Without claim of right Takes or obtains Any document With intent to obtain any - property - service - pecuniary advantage - valuable consideration
Section 228(1)(b), Crimes Act 1961
Dishonestly Without claim of right Uses or attempts to use Any document With intent to obtain any - property - service - pecuniary advantage - valuable consideration
Penalty for all: 7 yrs imp
ROBBERY
ROBBERY Section 234(1), Crimes Act 1961
Theft
Accompanied by violence OR accompanied by threats of violence
To any person OR property
Used to extort the property stolen, OR to prevent or overcome resistance to its being stolen
Penalty: 10 yrs imp
AGGRAVATED ROBBERY
AGGRAVATED ROBBERY
Section 235(a), Crimes Act 1961
Robs any person
At the time of, OR immediately before OR immediately after, the robbery, causes grievous bodily harm
To any person
Section 235(b), Crimes Act 1961
Being together with any other person or persons,
Robs
Any person
Section 235(c), Crimes Act 1961
Being armed with any offensive weapon OR instrument, OR any thing appearing to be such a weapon or instrument
Robs
Any other person
Penalty for all: 14yrs imp
ASSAULT WITH INTENT TO ROB
ASSAULT WITH INTENT TO ROB
Section 236(1)(a), Crimes Act 1961
With intent to rob any person
Causes grievous bodily harm to that person or any other person
Section 236(1)(b), Crimes Act 1961
With intent to rob any person
Being armed with any offensive weapon OR instrument, OR any thing appearing to be such a weapon or instrument
Assaults that person or any other person
Section 236(1)(c), Crimes Act 1961
With intent to rob any person
Being together with any other person or persons
Assaults that person or any other person
Section 236(2), Crimes Act 1961
Assaults any person
With intent to rob that person or any other person
Penalty for all: 7 yrs imp
OBTAINING BY DECEPTION OR CAUSING LOSS BY DECEPTION
OBTAINING BY DECEPTION OR CAUSING LOSS BY DECEPTION
Section 240(1)(a), Crimes Act 1961
By any deception Without claim of right Obtains ownership OR possession of, OR control over - any property, - any privilege, - service, - pecuniary advantage, - benefit, - valuable consideration, Directly OR indirectly
Section 240(1)(b), Crimes Act 1961
By any deception
Without claim of right
In incurring any debt or liability,
Obtains credit
Section 240(1)(c), Crimes Act 1961
By any deception Without claim of right Induces OR causes any other person to - deliver over - execute - make - accept - endorse - destroy, OR - alter Any document OR thing capable of being used to derive a pecuniary advantage
Section 240(1)(d), Crimes Act 1961
By any deception
Without claim of right
Causes loss to any other person
Penalty: S241 CA1961 Over $1000 = 7 yrs imp $500 - $1000 = 1 yr imp Under $500 = 3 mnths
ARSON (DANGER TO LIFE)
ARSON (DANGER TO LIFE) Section 267(1)(a), Crimes Act 1961
Intentionally OR recklessly
Damages by fire OR damages by means of any explosive
Any property
If he or she knows or ought to know that danger to life is likely to ensue
Penalty: 14 yrs imp
ARSON (VEHICLE/IMMOVABLE PROPERTY - NO INTEREST)
ARSON (VEHICLE/IMMOVABLE PROPERTY - NO INTEREST) Section 267(1)(b), Crimes Act 1961
Intentionally OR recklessly
Without claim of right
Damages by fire OR damages by means of any explosive
Any immovable property OR vehicle OR ship OR aircraft
In which that person has no interest
Penalty: 14 yrs imp
ARSON (CAUSE LOSS OR OBTAIN BENEFIT)
ARSON (CAUSE LOSS OR OBTAIN BENEFIT) Section 267(1)(c), Crimes Act 1961
Intentionally
Damages by fire OR damages by means of any explosive
Any immovable property OR vehicle OR ship OR aircraft
With intent
To obtain any benefit OR cause loss to any other person
Penalty: 14 yrs imp
DRUG DEALING (IMPORTING/EXPORTING ANY CONTROLLED DRUG)
DRUG DEALING (IMPORTING/EXPORTING ANY CONTROLLED DRUG) Section 6(1)(a), Misuse of Drugs Act 1975
Import into OR export from New Zealand
Any controlled drug
Penalty: life imp
DRUG DEALING (PRODUCING/MANUFACTURING ANY CONTROLLED DRUG)
DRUG DEALING (PRODUCING/MANUFACTURING ANY CONTROLLED DRUG) Section 6(1)(b), Misuse of Drugs Act 1975
Produce or manufacture
Any controlled drug
Penalty: 14 yrs imp
DRUG DEALING (SUPPLYING ANY CLASS A OR B CONTROLLED DRUG)
DRUG DEALING (SUPPLYING ANY CLASS A OR B CONTROLLED DRUG) Section 6(1)(c), Misuse of Drugs Act 1975
Supply or administer, or offer to supply or administer, or otherwise deal in
Any Class A controlled drug or Class B controlled drug
To any other person
Penalty: 8 yrs imp
DRUG DEALING (SUPPLYING CLASS C CONTROLLED DRUG TO PERSON UNDER 18 YEARS)
DRUG DEALING (SUPPLYING CLASS C CONTROLLED DRUG TO PERSON UNDER 18 YEARS) Section 6(1)(d), Misuse of Drugs Act 1975
Supply or administer, or offer to supply or offer to administer,
Any Class C controlled drug
To a person under 18 years of age
Penalty: 8 yrs imp
DRUG DEALING (SELL/OFFER TO SELL ANY CLASS C CONTROLLED DRUG TO PERSON 18+)
DRUG DEALING (SELL/OFFER TO SELL ANY CLASS C CONTROLLED DRUG TO PERSON 18+) Section 6(1)(e), Misuse of Drugs Act 1975
Sell, or offer to sell
Any Class C controlled drug
To a person of or over 18 years of age
Penalty: 8yrs imp
DRUG DEALING (POSSESSION OF CONTROLLED DRUG FOR SUPPLY)
DRUG DEALING (POSSESSION OF CONTROLLED DRUG FOR SUPPLY) Section 6(1)(f), Misuse of Drugs Act 1975
Have in his possession
Any controlled drug
For any of the purposes set out in paragraphs (c), (d) or (e) of section 6(1) MODA75
Penalty: 8 yrs imp
CONSPIRACY
CONSPIRACY Section 310(1) CA1961
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.
Penalty: 7 yrs imp if offence exceeds 7 yr penalty, otherwise the same penalty as offence
(Section 67 CA1961, a person is capable of conspiring with his or her spouse or civil union partner and any other person)
ATTEMPTS
Three conditions for an attempt charge:
- Actus reus
- Mens rea
- Proximity
ATTEMPTS
Section 72 CA1961
(1) Everyone who
Having an intent to commit an offence
Does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended
Whether in the circumstances it was possible to commit the offence or not
(2) The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.
(3) An act done or omitted with intent to commit an offence may constitute an attempt if it is proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.
Penalty: S311(1) 10yrs if offence life imp, penalty is half of full offence attempted for under 10yrs
PARTIES
PARTIES
Section 66 CA1961
(1) Everyone is a party to and guilty of an offence who
(a) Actually commits the offence; OR
(b) Does or omits an act for the purpose of aiding any person to commit the offence; OR
(c) Abets any person in the commission of the offence; OR
(d) Incites, counsels, or procures any person to commit the offence
(2) Where 2 or more persons form a common intention to prosecute any unlawful purpose, and to assist each other therein, each of them is a party to every offence committed by any one of them in the prosecution of the common purpose if the commission of that offence was known to be a probable consequence of the prosecution of the common purpose.
(e. g. three boys playing cricket in the lounge)
Penalty: Full penalty of offence committed
ACCESSORY AFTER THE FACT
ACCESSORY AFTER THE FACT
Section 71 CA1961
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
Penalty: S312 7 yrs imp if offence life imp penalty, 5 yrs imp if offence exceeds 10 yrs imp, half penalty of full offence if under 10 yrs
