MC & SA Prep Flashcards
R v Crossan
Taking away entertaining are two separate and distinct features. First consists of taken away and the second is detaining.
R v Joyce
Must establish at least two people physically present at the time of the event.
R v Tihi
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.
Cameron v R
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.
Stupefies - R v Sturm
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.
5 examples of proving intent in serious assaults
• Prior threats
• Weapon used
• Number of blows
• Targeted areas
• Degree of force used
• Premeditated
Ingredients for Wounding with Intent - Section 188(2)
• With intent to injure or with reckless disregard for the safety of others
• Wounds/Maims/Disfigures/Causes GBH
• To any person
Blackmail intents
• 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.
Ingredients for Assault with intent to Rob - Section 236(1)(a)
• With intent to Rob
• Any person
• Causes grievous bodily harm
• To that person or any other person
Ingredients for Demands with Intent to steal - Section 239(1)
• 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.
Difference between Migrant Smuggling and People Trafficking
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
Difference between wounding with intent to section 188(1) and wounding with intent 188(2)
Different intents (cause GBH v Injures) but same outcome (Wounds/Maims/Dsfigures/Causes GBH)
Penalty for migrant smuggling and people trafficking
20 years imprisonment $500,000 fine or both.
Investigative approaches from Migrant smuggling/People trafficking
• Reactive
• Proactive
• Disruption
Define “accusation” regarding blackmail
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.
Circumstantial evidence from which offenders intent
• Offenders actions and words before, during and after the event
• The surrounding circumstances
• The nature of the act itself
Define GBH, Wounds, Maims, Injures and Disfigures
• 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.
Ingredients for using a firearm against Law Enforcement Officer
- Secrion 198A(1)
• 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.
R v Joyce
Must establish at least two people physically present at the time of the event.
R v Taisalika
The nature of the blow and the gash it produced point strongly to the presence of the necessary intent.
3 intents for Aggravated Wounding 191(1)(c)
• 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
R v Wati
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
R v Maihi
There must be a clear connection between the act of stealing and the threat of violence. Both must be present.
R v Lapier
Robbery is complete the instant the property is taken even if possession is momentary.
R v Skivington
Claim of right is a defence to robbery.
