MC & SA Prep

Question 1

R v Crossan

Answer 1

Taking away entertaining are two separate and distinct features. First consists of taken away and the second is detaining.

Question 2

R v Joyce

Answer 2

Must establish at least two people physically present at the time of the event.

Question 3

R v Tihi

Answer 3

In addition to one of the specific intents in paragraphs (a), (b) or (c), the crown must prove that
• the offender meant to cause the specified harm or
• was reckless to it.

Question 4

Cameron v R

Answer 4

Recklessness is established if the defendant recognise that there was a real possibility that his or her actions would bring about the proscribed result and that the proscribe circumstances existed and having regard to that risk those actions were unreasonable.

Question 5

Stupefies - R v Sturm

Answer 5

To cause an effect on the mind or nervous system and seriously interferes with the persons mental or physical ability to act in any way.

Question 6

5 examples of proving intent in serious assaults

Answer 6

• Prior threats
• Weapon used
• Number of blows
• Targeted areas
• Degree of force used
• Premeditated

Question 7

Ingredients for Wounding with Intent - Section 188(2)

Answer 7

• With intent to injure or with reckless disregard for the safety of others
• Wounds/Maims/Disfigures/Causes GBH
• To any person

Question 8

Blackmail intents

Answer 8

• To cause a person to act in accordance with the will of the person making the threat
• To obtain benefit
• To cause loss to any other person.

Question 9

Ingredients for Assault with intent to Rob - Section 236(1)(a)

Answer 9

• With intent to Rob
• Any person
• Causes grievous bodily harm
• To that person or any other person

Question 10

Ingredients for Demands with Intent to steal - Section 239(1)

Answer 10

• Without claim of right
• By force or with any threat
• Compels any person
• To execute, make, accept, endorse, alter or destroy
• Any document
• With intent to obtain benefit.

Question 11

Difference between Migrant Smuggling and People Trafficking

Answer 11

Migrant smuggling is where someone has freely consented to be brought into New Zealand as an illegal immigrant. People trafficking involves a person who is brought into New Zealand by means of coercion and/or deception

Question 12

Difference between wounding with intent to section 188(1) and wounding with intent 188(2)

Answer 12

Different intents (cause GBH v Injures) but same outcome (Wounds/Maims/Dsfigures/Causes GBH)

Question 13

Penalty for migrant smuggling and people trafficking

Answer 13

20 years imprisonment $500,000 fine or both.

Question 14

Investigative approaches from Migrant smuggling/People trafficking

Answer 14

• Reactive
• Proactive
• Disruption

Question 15

Define “accusation” regarding blackmail

Answer 15

Allegations that the person is guilty of criminal offending whether or not any formal charges have been filed. Doesn’t matter if it’s true or false and does not need to relate to the person who demand is made.

Question 16

Circumstantial evidence from which offenders intent

Answer 16

• Offenders actions and words before, during and after the event
• The surrounding circumstances
• The nature of the act itself

Question 17

Define GBH, Wounds, Maims, Injures and Disfigures

Answer 17

• GBH - Harm that is really serious
• Wounds - An open wound with the flow of blood
• Maims - Loss of limb or one of the senses, has to be some degree of permanence
• Injures - To cause actual bodily harm
• To alter, mar, deform or deface the appearance of a person.

Question 18

Ingredients for using a firearm against Law Enforcement Officer
- Secrion 198A(1)

Answer 18

• Uses any firearm in any manner
• Against any Constable or Traffic Officer or Prison Officer
• Acting in the course of his or her duty
• Knowing that or being reckless to whether the person is a Constable, Traffic Officer, Prison Officer so acting.

Question 19

R v Joyce

Answer 19

Must establish at least two people physically present at the time of the event.

Question 20

R v Taisalika

Answer 20

The nature of the blow and the gash it produced point strongly to the presence of the necessary intent.

Question 21

3 intents for Aggravated Wounding 191(1)(c)

Answer 21

• To commit of facilitate the COAIO
• To avoid detection of himself or of any other person in the COAIO
• To avoid arrest or facilitate to flight of himself or of any other person in the COAIO

Question 22

R v Wati

Answer 22

There must be proof of the commission or attempted commission by the person committing the assault and by the person whose arrest or flight he intends to avoid or facilitate

Question 23

R v Maihi

Answer 23

There must be a clear connection between the act of stealing and the threat of violence. Both must be present.

Question 24

R v Lapier

Answer 24

Robbery is complete the instant the property is taken even if possession is momentary.

Question 25

R v Skivington

Answer 25

Claim of right is a defence to robbery.