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Question 1

Aggravated wounding or injury

Answer 1

• with intent to
• commit or Facilitate the commission of any imprisonable offence or
  – avoid the detection of himself or any other person in the commission of any imprisonable offence
  – avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of an impressionable offence
  – wounds, maims, disfigures, or causes GBH to any person, or stupefies or renders unconscious any person, or by any violent means renders any person in capable of resistance,

2) Was any such intent as for said, Injures any person

Question 2

R V Tihi - twofold intent

Answer 2

• The defendant intended to facilitate the commission of an impressionable offence or one of the intent specified in A, B or C

– he or she intended to cause the specified harm, always reckless as to that risk

Question 3

R v Wati

Answer 3

There must be proof of the commission or attempted commission of crime either by the person committing the assault or by the person whose arrest or flight was intended to avoid or facilitate

Question 4

Stupefy

Answer 4

To cause and effect on the mind or nervous system of a person which really seriously interferes with that persons mental or physical ability to act in any way which might hinder intended crime

Question 5

R V Strum

Answer 5

Administering alcohol, ecstasy and other drugs to a number of male victims in order to dull the senses sufficiently to enable him to sexually violate them

Question 6

Violent means

Answer 6

The application of force that physically incapacitate person, such as tying the victims hands and feet or inflicting debilitating injuries

Question 7

R V Crossan

Answer 7

It was held that a mere threat may not and itself be sufficient to constitute violent means, but when the person making the threat is brandishing a loaded revolver and circumstances that caused the victim to submit to his will and the belief that he will carry out the threats unless she does so, it can be said that she was rendered incapable of resistance by violent means just as effectively if she was physically incapable

Question 8

Aggravated assault - 192

Answer 8

• Assaults any person with intent
  – to commit or facilitate the commission of an approachable offence
  – to avoid the detection of himself or any other person in the commission of an impressionable offence
  –
  To avoid arrest or facilitate the flight of himself or any other person upon the commission of any imprisonable offence

– assaults any constable or person acting in the aid of any constable, or any other person in the lawful execution of any process, with intent to obstruct that person so assaulted in the execution of his duty

Question 9

Assault - 3 points

Answer 9

• Intention to apply or attempt to apply force to another
  – application or attempted application of force, weather directly or indirectly
  – threatened to apply force in circumstances where the victim believes offender will carry out the threat

Question 10

Discharging firearm or doing dangerous act with intent - 198

Answer 10

– With intent to do GBH
– discharge is any firearm, airgun, or other similar weapon at any person or
– sends or delivers to any person, put in place, any explosive or injurious substance or device
– sets fire to any property

2) With intent to injure, or with reckless disregard for the safety of others, does any of the acts referred to in subsection one

Question 11

198 - men’s and actus rea

Answer 11

– Intent to do GBH
– intent to injure
– reckless disregard for the safety of others

– Discharge a firearm at a person
– delivering explosives
– setting fire to property

Question 12

198(1)(b) - offence is complete

Answer 12

And the section is not necessary for an explosion to occur, the offences complete when they explosive or injurious substance or device is sent, delivered, or put in place.
However the substance must have the capacity to explode or cause injury

Question 13

198A - Using any firearm against law-enforcement

Answer 13

• Uses any firearm in any matter 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 member of the place or a traffic officer or a prison officer also acting

2) Uses any firearm in any manner whatever with intent to resist the lawful arrest or detention of himself or herself or any other person

Question 14

Uses in relation to a firearm

Answer 14

If the defendant has handled or manipulated the firearm so as to convey an implied threat of further use against the police officer

Question 15

R V Swain

Answer 15

Set deliberately or purposefully remove a sawn off shotgun from a bag after being confronted by or called upon by a police constable amounts to the use of that firearm within the meaning of 198A

Question 16

Police V Parker

Answer 16

Use in any manner whatever is to contemplate a situation short of actually firing the weapon and would include presenting it

Question 17

Fisher V R

Answer 17

It is necessary in order to establish a charge under 198A(2) for the crown to prove that the accused knew someone was attempting to arrest or detain him because otherwise the element of mens rea of intending to resist lawful arrest or detention cannot be established

Question 18

198B(1) - Commission of an impressionable offence with firearm

Answer 18

A) in committing any imprisonable offence, Uses any firearm

B) while committing any imprisonable offence has any firearm with him or her and circumstances that prima facie show an intention to use it in connection with that impressionable offence

Question 19

Tuli v police

Answer 19

Primer Facey circumstances are those which are sufficient to show or Establishment intent in the absence of evidence to the contrary

Question 20

Uses any firearm

Answer 20

Firing or presenting a firearm, or displaying in a minutes in manner, but may not extend to the use of the firearm as a club

Question 21

R V Maihi

Answer 21

It is implicit in accompany that there must be a nexus between the act of stealing and the threat of violence. Both must be present

However the term does not require that the act of stealing in the threat of violence be contemporaneous

Question 22

R V Mitchell

Answer 22

There may be occasions where the property is handed over to a thief as a result of threats previously made but still operating on the mind of the victim at the time… The question will be one of fact and degree in each case

Question 23

Peneha v police

Answer 23

It is sufficient that the actions of the defendant forcibly interfere with the personal freedom or amount to forcible power or violent action or motion producing a very marked or powerful affect tending to cause GBH or discomfort

Question 24

R V Galey

Answer 24

Being together was in the context of 235B involves two or more persons having a common intention to use their combined Force, either in any event or as circumstances might require, directly in the perpetration of the crime

Question 25

Anything appearing to be such a weapon

Answer 25

It must be proved both that the object appeared to be an offensive weapon or instrument to the victim and that the defendant intended or was at least reckless as the possibility it would be perceived as a weapon

Question 26

Assault with intent to rob - 236(1)

Answer 26

• With intent to rob any person
  A) Causes GBH to that person or any other person
  B) being armed with any offensive weapon or instrument or anything appearing to be such weapon or instrument assaults that person or any other person
  C) Being together with any other personal persons assaults that person or any other person

2) Everyone who assaults a person with intent to rob that person or any other person is liable for seven years in prison

Question 27

Blackmail - 237

Answer 27

Everyone commits blackmail who threatens, expressly or by implication, to make any accusation against any person with a living or did to disclose something about any person with a living or did auto cause serious damage to property or in danger the safety of any person with intent

To cause the person to whom the threat is made to act in accordance with the will of the person making the threat end
To obtain any benefit or to cause loss to any other person

Question 28

Blackmail 237(2)

Answer 28

Everyone who acts in a manner described in subsection one as guilty of blackmail, even though that person believes that he or she is entitled to the benefit or to cause the loss, unless the making of the threat is, in the circumstances, a reasonable and proper means of affecting his or her purpose

Question 29

What must you prove for blackmail

Answer 29

1) Make any accusation against any person with a living or dead
2) to disclose something about that person with a living or dead
3) cause serious damage to property
4) in danger the safety of any person
And the suspect intended to
5) Cause the person to whom the threat is made to act in accordance with the will of the person making the threat and
6) obtain any benefit or cause loss to any other person

Question 30

Defence for blackmail

Answer 30

The defendant to show they believe they are entitled to obtain the benefit or cause the loss and objectively viewed, the making of the threat was reasonable and proper means for obtaining the benefit or causing the loss.

It will be for the jury to determine whether the mains were reasonable and proper

Therefore belief that the person making the threat that they were entitled to the benefit order cause the loss is not in itself a defence to the charge under blackmail unless the threat is in the circumstances a proper and reasonable means for affecting his or her purpose

Question 31

Demanding with intent to steal – 239(1)

Answer 31

• Without claim of right
• By force or with any threat
• Compels any person to execute, make, except, endorse, altar, or destroy
  – any document capable of conferring a pecuniary advantage
  – with intent to obtain any benefit

Question 32

Demanding with intent to steal – 239(2)

Answer 32

– With menaces or by any threat
– demands in a property from any person with intent to steal it

Question 33

Execute – in the document

Answer 33

To execute a document is normally to do what the law requires to give validity to the document.

It is not confined to the signing or doing something to the face of the document

Question 34

Assault with intent to rob occurs when

Answer 34

No property is taken but the offender has robbery as their intent

Question 35

Demanding with intent to steal is complete

Answer 35

When a threat is made with the necessary intent

Question 36

Initial procedure of investigating robbery varies with the stage at which the offence as reported

Answer 36

• Before the intended robbery
  – during or after the incident, when a raid alarm at a promise goes off
  – After the offenders have left the scene of the crime

Question 37

Priority should be given to the following areas in the following order

Answer 37

– Securing the safety of all members of the place in public
– prevent the crime
– contain the area of the offence
– gather evidence from the crime scene and preserve it
– established and then eliminate suspects
– identify the offender
– locate the offender
– search the offender and they promised, confiscating and preserving any evidence
– establish what, if any case exist for prosecution
– prepare files persecution

Question 38

Blackmail in general terms

Answer 38

Any communication that is intended to insight fear, or be interpreted as a threat in the mind of any reasonable person

That if certain instructions or demands are not complied with, and act or omission either by words or action will occur

Such act or omission will be prejudice to any person

Question 39

The crown must prove for abduction

Answer 39

1) the defendant took away or detained a person
2) the taking or detention was intentional
3) the taking or detention was unlawful
4) the taking or detention was without the persons consent or with consent induced by Thea address
5) the defendant knew that there was no consent to the taking or detention and
6) the defendant intended to…. A,B,C

Question 40

Unlawfully

Answer 40

Without lawful justification, authority or excuse

Question 41

Taking away

Answer 41

Refers to situations where the victim is physically removed from one place to another

Question 42

R V Wellard

Answer 42

The essence of the offence of kidnapping is the deprivation of liberty coupled with a carrying away from the place where the victim wants to be

Question 43

R V Crossan - Taking away and detaining

Answer 43

Taking away entertaining a separate and distinct offences

The first consists of a taking away the second of detaining them

The first offence was complete when the president took the woman against her well

Then having taken her away, he detain her against her well and the conduct and detaining her constitutes a new and different offence

Question 44

Detaining

Answer 44

An active concept rather than a piece of one. It involves doing something to impose a constraint or restraint on the person detained

Question 45

R V Pryce

Answer 45

Detaining is an act of concept meaning to keep in confinement or custody.

This is to be contrasted as a passive concept of harbouring or mere failure to handover

Question 46

Consent

Answer 46

R V Cox – consent must be a full voluntary free and informed freely and voluntarily given by a person in a position to form a rational judgement

Question 47

R V Mohi

Answer 47

The offence is complete once there has been a period of detention or a taking accompanied by the necessary intent, regardless of whether the intent was carried out

Question 48

R V Waaka

Answer 48

Intent may be formed at any time during the taking away.

If a taking away commences without the intent to have intercourse, but their intent is formed during the taking away, then that is sufficient for the purpose of the section

Question 49

R V M

Answer 49

The crown must prove that the accused intended to take away or detained the complainant and that he or she knew that the complainant was not consenting

Question 50

Intent to cause to be confined

Answer 50

Confining a person can include restricting their movements to within a geographical area,

but also has a wider meaning and includes curtailing their activity and exercising control and influence over them

Question 51

Abducting of a young person under 18–2 10

Answer 51

– With intent to deprive a parent or guardian or other person having the lawful care or charge of a young person
– of the possession of that young person
– unlawfully takes or entices away or detains the young person

Question 52

Abduction of a young person – 210(2)

Answer 52

• Receives a young person
  – knowing that he or she has been unlawfully taken or enticed away or detained
• with intent to deprive the parent or guardian or other person having the lawful care or charge of him or her
  – possession of him or her

Question 53

Takes, entices away

Answer 53

To entice means to tempt, persuade, or attract by arousing hope or desire

Question 54

Defence against the charge of kidnapping

Answer 54

As a claim of good faith. In such a case it is up to the prosecution to establish that the defendant did not believe in good faith, as claimed, that they had the right of possession

Question 55

Smuggling migrants – 98C(1)

Answer 55

Arranges for an unauthorised migrant to enter New Zealand or any other state, if he or she
– does so for material benefit and
– either knows that person is, or as reckless as to whether the person is, and an unauthorised migrant

Question 56

Smuggling migrants – 98C(2)

Answer 56

Arranges for an unauthorised migrant to be brought into New Zealand or any other state, if he or she
– does so for immaterial benefit and
– even knows that person is always reckless as to whether that person is an unauthorised migrant and
– Either – knows that person intends to try to enter the state or
– as reckless as to whether that person intends to try to enter the state

Question 57

Trafficking in persons – 98D(1)(a)

Answer 57

– Arrangers, organisers, or procures
– the entry of a person into, or the exit of a person out of, New Zealand or any other state
– for the purpose of exploiting or facilitating the exploitation of that person
– knowing that the entry or exit of that person involves one or more of the acts of corrosion against that person, one or more acts of deception of the person, or both

Question 58

Trafficking in person – 198D(1)(b)

Answer 58

The reception, recruitment, transport, transfer, concealment, or harbouring of a person in New Zealand or any other state
– for the purpose of exploiting or facilitating the exploitation of that person or
– knowing of the reception, recruitment, transport, transfer, concealment, or harbouring of that person involves one or more acts of coercion against the person, one or more acts of deception against that person or both

Question 59

Difference between migrants smuggling and people trafficking

Answer 59

• Consent
  – the purpose of the travel or movement
  – the relationship between the person moved in the person enabling the movement
  – violence, intimidation equation
  – liberty,
  – profit

Question 60

Reactive investigation

Answer 60

Victim lead and often initiated by an approach to Police by the victim or another person acting on behalf of the victim

Question 61

Proactive investigation

Answer 61

Police lead. A combination of a standard investigation techniques supplemented by intelligent sources to identify and locate the traffic is, gather evidence and instigate proceedings against them

Question 62

Disruptive investigation

Answer 62

Appropriate in circumstances where the level of risk to the victim demands in immediate response, and proactive or reactive approaches are not practicable options

Question 63

Exploit in relation to people trafficking

Answer 63

– Prostitution or other sexual services
– slavery, practices similar to slavery, servitude, forced labour, or other forced services
– removal of organs