Liability Sections and ingredients Flashcards
Sexual Violation by Rape
128(1)(a), Crimes Act 1961
20 years
A Person
Rapes
Another Person
Sexual Violation by Unlawfull sexual connection
128(1)(b), Crimes Act 1961
20 years
A Person
Has Unlawful Sexual Connection
With another Person
Sexual Conduct with a Child under 12
Section 132(3), Crimes Act 1961 10 years
Everyone
Does an Indecent Act
On a child
Sexual Conduct with a Young Person under 16
Connection
Section 134(1), Crimes Act 1961 10 years
Everyone
Has Sexual Connection
With a Young Person
Sexual Conduct with a Young Person under 16
indecent act
Section 134(3), Crimes Act 1961 7 years
Everyone
Does an indecent Act
On a Young Person
Indecent Assault
Section 135, Crimes Act 1961
7 years
Everyone who
Indecently Assaults
Another Person
Accessory after the fact
Section 71(1), Crimes Act 1961
Under 10 years - 1/2 penalty
10 years or more - 5 years
Life imprisonment - max 7 years
- 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 enable him or her to escape after arrest OR
to avoid arrest or conviction.
Robbery
Section 234(1), Crimes Act 1961 10 years
- 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
Aggravated Robbery
GBH
Section 235(a), Crimes Act 1961 14 Years
- Robs any person
- And at the time of “or” Immediately before “or” Immediately after the robbery
- Causes GBH to any person
Aggravated Robbery
Two people
Section 235(b), Crimes Act 1961 14 Years
- Being together with any other person “or” Persons
- Robs
- Any Person
Aggravated Robbery
Weapon
Section 235(c), Crimes Act 1961 14 years
- Being armed with any offensive weapon OR Instrument OR Anything appearing to be such a weapon or instrument
- Robs
- Any person
Takes Or Obtains A Document
Section 228(1)(a), Crimes Act 1961 7 years
- With intent to obtain any Property, Service, Pecuniary Advantage or Valuable Consideration
- Dishonestly
- And Without claim of Right
- Takes or Obtains any document
Uses/Attempts to use a Document
Section 228(1)(b), Crimes Act 1961 7 years
- With intent to obtain any Property, Service, Pecuniary Advantage or Valuable Consideration
- Dishonestly
- And Without claim of Right
- Uses or Attempts to Use any document
Wounding With Intent to Cause GBH
Section 188(1), Crimes Act 1961 14 Years
- With Intent to Cause Grievous Bodily Harm
- To Any one
- Wounds OR Maims OR Disfigures OR Causes GBH
- Any Person
Wounding With Intent
Section 188(2), Crimes Act 1961 7 Years
- 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
Injuring With Intent
GBH
Section 189(1), Crimes Act 1961 10 Years
- With Intent to Cause Grievous Bodily Harm
- To Any one
- Injures
- Any Person
Injuring With Intent
injures
Section 189(2), Crimes Act 1961 5 Years
- With Intent to injure anyone OR With Reckless Disregard for the Safety of Others
- Injures
- Any Person
Aggravated Wounding
Section 191(1)(a) or (b) or (c), Crimes Act 1961 14 Years
- (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 stupefies any person OR Renders Unconscious any person OR By any violent means renders any person incapable of resistance
Aggravated Injuring
Section 191(2), Crimes Act 1961 7 Years
- (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 Person
Discharging a Firearm with intent
Section 198(1)(a), Crimes Act 1961 14 Years
- With intent to do Grievous Bodily Harm
- Discharges any firearm airgun or similar weapon
- At Any Person
Doing Dangerous Act with intent
not fire
Section 198(1)(b), Crimes Act 1961 14 Years
- 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
Doing Dangerous Act with intent
not explosive
Section 198(1)(c), Crimes Act 1961 14 Years
- With intent to do Grievous Bodily Harm
- Sets fire
- To any property
Uses any firearm against law enforcement officer
Section 198A(1), Crimes Act 1961 14 Years
- 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 person is a Constable or traffic officer or Prison officer so acting
Commission of an imprisonable offence with a firearm
Section 198B(1)(a), Crimes Act 1961 14 Years
- In committing any imprisonable offence
- Uses any firearm
Assault with intent to commit sexual violation
Section 129(2), Crimes Act 1961 10 years
- A Person
- Assaults another person
- With intent to commit sexual violation
- of the other person
Sexual conduct with a dependant family member
Section 131(1), Crimes Act 1961 7 years
- Everyone
- Has Sexual Connection
- With a dependant family member under 18 years
Sexual conduct with child under 12
not indecent act
Section 132(1), Crimes Act 1961 14 years
- Everyone
- Has sexual connection
- With a child
Abduction
Section 208(a) or (b) or (c), Crimes Act 1961 14 years
- Unlawfully
- Takes away or detains
- A person
- Without his or her consent OR with his or her consent obtained by fraud or duress
- 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
Kidnapping
Section 209(a) or (b) or (c), Crimes Act 1961 14 years
- Unlawfully
- Takes away or detains
- A person
- Without his or her consent OR with his or her consent obtained by fraud or duress
- 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
Arson
Life
Section 267(1)(a), Crimes Act 1961 14 years
- Intentionally OR Recklessly
- Damages by Fire OR Damages by means of explosive
- Any Property
- If he or she knows “or” out to know that danger to life is likely to ensue
Arson
Property
Section 267(1)(b), Crimes Act 1961 14 years
- 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
Arson
obtain benefit
Section 267(1)(c), Crimes Act 1961 14 years
- 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
Arson
other property
Section 267(2)(a), Crimes Act 1961 7 years
- Intentionally OR Recklessly
- And without claim of right
- Damages by Fire OR Damages by means of explosive
- Any property (other than property listed in 267(1)) in which that person has no interest
Arson
other property obtain benefit
Section 267(2)(b), Crimes Act 1961 7 years
- Intentionally OR Recklessly
- Damages by Fire OR Damages by means of explosive
- Any property (other than property listed in 267(1))
- With intent to obtain any benefit “or” Cause loss to any person
Burglary
Enters
Section 231(1)(a), Crimes Act 1961 10 years
- Enters
- Any Building or Ship
- Without Authority
- With intent to commit an imprisonable offence in the building or ship
Burglary
already entered
Section 231(1)(b), Crimes Act 1961 10 years
- Having Entered
- Any Building or Ship
- Remains in it without Authority
- With intent to commit an imprisonable offence in the building or ship
Aggravated Burglary
Weapon
Section 232(1)(a), Crimes Act 1961 14 years
- While committing burglary
- Has a weapon with him/her OR Uses anything as a weapon
Aggravated Burglary
remains
Section 232(1)(b), Crimes Act 1961 14 years
- Having committed Burglary
- Has a weapon with him/her OR Uses anything as a weapon
- While still in the building or ship
Import/Export Controlled Drug
Section 6(1)(a), MODA 1975 Life
- Imports into or Exports from New Zealand
- Any Controlled Drug
Produce or Manufacture any Controlled Drug
Section 6(1)(b), MODA 1975 Life / 14 yrs / 8 yrs
- Produce or Manufacture
- Any Controlled Drug
Supply/Administer/Offer to supply or Administer Class A or B Controlled Drug
Section 6(1)(c), MODA 1975 Life / 14 yrs
- Supplies or Administers OR Offers to Supply OR Offers to administer OR Otherwise deals in
- Class A or B Controlled Drug
- To any Person
Supply/Administer/Offer Class C controlled drug to persons Under 18 years of age
Section 6(1)(d), MODA 1975 8 years
- Supplies or Administers OR Offers to Supply OR Offers to administer OR Otherwise deals in
- Class C controlled drug
- To any person under the age of 18 years old
Sells or offers to sell Class C controlled drug to persons of or over 18 years of age
Section 6(1)(e), MODA 1975 8 years
- Sells OR offers to sell
- Class C controlled drug
- To any person of or over the age of 18 years old
Possession a Controlled Drug for Supply/Administer/Sell/Offer
Section 6(1)(f), MODA 1975 Life / 14 yrs / 8 yrs
- Has in his possession
- Any controlled drug
- For any of the purposes set out in paras (c), (d) or (e)