LIABILITIES - MOCK 2 Flashcards
Sabeen is a 19-year-old woman of Syrian parentage living in Auckland. She has a burning desire to join the National Ballet Company located in Wellington. She discusses this with Tariq, her father. Tariq has no intention to let her join the ballet be sees this as an opportunity to get her to travel to Wellington so he can marry her off to Habib her elderly second cousin.
Tariq tells Sabeen that he thinks that this is a great idea and tells her that they should travel to Wellington to make enquiries directly with the ballet company. Using their home computer, they book their flights to travel from Auckland to Wellington the following day. Sabeen struggles to sleep that night as she is so excited. The following day Tariq drives Sabeen to the Auckland domestic airport terminal.
Adnan, Sabeen’s older brother, uncovers the plot and, anxious for his sister’s welfare, arrives at the terminal as she is about to board the airplane to Wellington. He tells his sister of their father’s plan.
A tearful Sabeen, who has no wish to be married, runs away and complains to police.
1) Identify the most appropriate offence, detailing the act, section and elements of the offence
2) Support your answer by way of discussion.
Abduction
Section 208(c) - Crimes Act 1961
Unlawfully
Takes Away
Any Person
Without consent or consent obtain by fraud or coercion
With intent to through a form of marriage
with some other person
Whilst patrolling the back streets of the Wanganui CBD a lone uniformed officer sees Arthur, a well-known burglar, walking down an alleyway. Suspicious, the Police Officer approaches Arthur who is carrying a small black bag. As the officer gets near to him Arthur reaches into his bag and pulls out a sawn-off shotgun. Although he doesn’t point the shotgun at the officer, he tells him to back off or he will get some of it. the unarmed officer backs away and Arthur runs off.
1) Identify the most appropriate offence, detailing the act, section and elements of the offence
2) Support your answer by way of discussion.
Using a Firearm against Law Enforcement Officer.
Section 198A(1) - Crimes Act 1961
Uses any firearm in any manner whatever against any
Constable
Acting in the Course of his duty
Knowing that
That person is a Constable so acting
Mike is with a group of protesters on the steps of Parliament rallying against the testing of food additives on rabbits.
The protesters are getting extremely emotional and taking their frustrations out against the Police who are holding the protesters back from storming Parliament. Mike gets frustrated, turns to walk away and as he does so, he hurls his plywood picket high over his shoulder into the crowd in disgust.
The wooden placard is taken by the wind and hits a bystander in the head who is standing nearby. The bystander is taken to the hospital with a fractured skull.
1) Identify the most appropriate offence, detailing the act, section and elements of the offence
2) Support your answer by way of discussion.
Wounding with Reckless Disregard
Section 188(2) - Crimes Act 1961
With reckless disregard for the safety of others
Causes GBH
To Any Person
