More Flashcards
Aggravated wounding or injury
- 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
R V Tihi - twofold intent
- 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
R v Wati
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
Stupefy
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
R V Strum
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
Violent means
The application of force that physically incapacitate person, such as tying the victims hands and feet or inflicting debilitating injuries
R V Crossan
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
Aggravated assault - 192
- 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
Assault - 3 points
- 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
Discharging firearm or doing dangerous act with intent - 198
– 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
198 - men’s and actus rea
– 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
198(1)(b) - offence is complete
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
198A - Using any firearm against law-enforcement
- 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
Uses in relation to a firearm
If the defendant has handled or manipulated the firearm so as to convey an implied threat of further use against the police officer
R V Swain
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
Police V Parker
Use in any manner whatever is to contemplate a situation short of actually firing the weapon and would include presenting it
Fisher V R
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
198B(1) - Commission of an impressionable offence with firearm
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
Tuli v police
Primer Facey circumstances are those which are sufficient to show or Establishment intent in the absence of evidence to the contrary
Uses any firearm
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
R V Maihi
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
R V Mitchell
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
Peneha v police
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
R V Galey
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
Anything appearing to be such a weapon
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
Assault with intent to rob - 236(1)
- 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
Blackmail - 237
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
Blackmail 237(2)
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
What must you prove for blackmail
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
Defence for blackmail
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
Demanding with intent to steal – 239(1)
- 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
Demanding with intent to steal – 239(2)
– With menaces or by any threat
– demands in a property from any person with intent to steal it
Execute – in the document
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
Assault with intent to rob occurs when
No property is taken but the offender has robbery as their intent
Demanding with intent to steal is complete
When a threat is made with the necessary intent
Initial procedure of investigating robbery varies with the stage at which the offence as reported
- 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
Priority should be given to the following areas in the following order
– 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
Blackmail in general terms
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
The crown must prove for abduction
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
Unlawfully
Without lawful justification, authority or excuse
Taking away
Refers to situations where the victim is physically removed from one place to another
R V Wellard
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
R V Crossan - Taking away and detaining
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
Detaining
An active concept rather than a piece of one. It involves doing something to impose a constraint or restraint on the person detained
R V Pryce
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
Consent
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
R V Mohi
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
R V Waaka
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
R V M
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
Intent to cause to be confined
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
Abducting of a young person under 18–2 10
– 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
Abduction of a young person – 210(2)
- 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
Takes, entices away
To entice means to tempt, persuade, or attract by arousing hope or desire
Defence against the charge of kidnapping
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
Smuggling migrants – 98C(1)
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
Smuggling migrants – 98C(2)
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
Trafficking in persons – 98D(1)(a)
– 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
Trafficking in person – 198D(1)(b)
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
Difference between migrants smuggling and people trafficking
- 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
Reactive investigation
Victim lead and often initiated by an approach to Police by the victim or another person acting on behalf of the victim
Proactive investigation
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
Disruptive investigation
Appropriate in circumstances where the level of risk to the victim demands in immediate response, and proactive or reactive approaches are not practicable options
Exploit in relation to people trafficking
– Prostitution or other sexual services
– slavery, practices similar to slavery, servitude, forced labour, or other forced services
– removal of organs
