LIABILITIES - MOCK 3 Flashcards
Sahra is a 17-year-old female who is a member of the Namaskar Sect living in an Ashram in Wellington. Her family are all sect members. Her father Aaden invites her to travel to Auckland to meet other sect members who are visiting from India. Having finished her home-schooling for the year and with nothing else to do, she agrees to go with him.
Secretly Aaden, her father, plans to marry her off to Habib, a sect elder, as part of a Namaskar Sect arrangement, when they get to Auckland. Fortunately, Sahra’s older brother, uncovers the plot and, anxious for his sister’s welfare, rings the Wellington Airport Police and advises them. The Police search the terminal and locate Sahra as she is about to board the airplane to Auckland. They tell her of her father’s plan. Sahra, who has no wish to be married, does not got to catch the flight and makes a complaint to Police.
a) Identify the most appropriate offence, detailing the act, section and elements of the offence.
b) Support your answer by way of discussion.
Abduction
Section 208(C) - Crimes Act 1961
Unlawfully
Takes away
A person
With their consent obtained by fraud
With the intent to go through a form of marriage, with some other person
Alex has always wanted an Evolve Carbon All Terrain skateboard but doesn’t have the $1300 to buy one. One day he sees Eli riding a board very similar to the one he wants and as he bigger than Eli he decides he will just take it from him. Alex walks up to Eli and grabs the skateboard from him. Eli tries to hold on to the board, but Alex pushes him to the ground and walks away with the skateboard.
Eli does not suffer any injury. As Alex walks away, he looks at the skateboard and realizes it is an Evolve Snubnose skateboard. As it wasn’t the skateboard, he wants he throws it back at Eli and walks off empty-handed.
a) Identify the most appropriate offence, detailing the act, section and elements of the offence.
b) Support your answer by way of discussion.
Robbery
Section 234(1) - Crimes Act 1961
- Theft
- Accompanied by Violence
- To any Person
- Used to prevent resistance of it being stolen
POINTS TO CONSIDER
- Proof of theft
- Proof of possession
- Proof of connection between violence and theft
- The intent to steal at time violence used
- Violence used
- Proof of person
- Property obtained
- Proof of property obtained as a result of violence used
Adam and Barry are having a beer at the local hotel at the Paraparaumu Beach. The Cricket World Cup Final is playing - it’s Black Caps against the Australians.
Chris, a shy and mild-mannered Australian working locally as an apprentice butcher, is drinking with his Kiwi workmates at the next table. A boundary struck by the Australian Captain sees Chris as the lone voice-cheering his team’s good fortune. Adam a local thug and staunch supporter of the Black Caps, tells him “Shut up or I’ll deal with you”
The evening ends with Blacks Caps beaten by the better team on the night (as usual). Chris good-naturedly bids farewell to his workmates from the doorway of the tavern, with an “AUSSIE, AUSSIE, AUSSIE” cheer.
This pushes Adam over the edge, he picks up his heavy pint glass, shouting “I warned you, ya Aussie prick” and hurls it directly at Chris. The pint glass hits the door frame right beside Chris’s head and shatters. A shard of glass penetrates Chris’s left eye causing a loss of 80% vision to that eye. Adam runs from the pub.
a) Identify the most appropriate offence, detailing the act, section and elements of the offence.
b) Support your answer by way of discussion.
Wounding with Intent
Section 188(1) - Crimes Act 1961
With intent to Cause GBH
To any Person
Maims
To any Person
