More Questions

Question 1

Define accusation re blackmail 237(1)

Answer 1

The word accusation will normally refer to an allegation that the defendant is guilty of criminal conduct

Question 2

Difference between migrant smuggling and people trafficking

Answer 2

Migrant smuggling involves a person who had freely consented to being brought into NZ as an illegal immigrant and is not subjected to coercion or deception.

People trafficking involves a person who is brought into NZ by means of coercion and/or deception. People are often trafficked in order to exploit them in the destination country.

Question 3

Difference between 188(1) and (2)

Answer 3

Both relate to the actions that result in wounding, maiming, disfiguring or GBH to the victim.

The outcome is the same, the difference is the offenders intent.

Question 4

Circumstantial evidence to prove intent

Answer 4

Offenders actions and words before, during and after the event.

Question 5

Difference between wounding and GBH

Answer 5

The terms wounds, maims and disfigures refer to the type of injury caused, whereas the term grievous refers to the degree and seriousness of the injury.

Question 6

What’s the difference between 188 and 189

Answer 6

Level of injure inflicted - the victims outcome/injure.
188 - wounding
189 - injuring

Question 7

What was held in R V Crossan regarding violent means

Answer 7

The mere threat may not in itself be sufficient to constitute “violent means” however if the offender accompanies the threat with an act of violence (brandishing a pistol at he victim) it can be said that the victim was rendered incapable of resistance.

Question 8

Doctrine of transferred malice

Answer 8

It is not necessary that the person suffering the harm was the intended victim.

Where the defendant mistakes the identity of the person injured or where harm intended for one person accidentally inflicted on another, he is still criminally responsible under the doctrine of transferred malice.

R V Hunt - where the defendant intended to stab the property owner but accidentally wounded the man’s servant instead.

Malice against the person cut is not essential, general malice is sufficient.

Question 9

What are the three intents for kidnapping - 209?

Answer 9

A) intent to hold a person for service or ransom
B) intent to cause the person confined or imprisoned
C) intent to cause the person to be sent or taken out of NZ

Question 10

Define injurious substance or device and provide an example

Answer 10

The term injurious substance or device covers a range of things capable of causing harm to a person.

Eg: letter containing anthrax, boiling water or electrified barbed wire perimeter fence.

Question 11

Would a charge under 198A(1) fail if a police officer was trespassing at the time?

Answer 11

It would likely fail. The officer must be acting in the course of his or her duty.

Trespassing on private land without authority cannot be said to be acting lawfully in the course of his or her duties.

Question 12

Elements of blackmail - 237(1)

Answer 12

1) Threatens
2) Expressly or by implication
3)To make any accusation against any person (whether living or dead)
To disclose something about any person (whether living or dead)
Or cause serious damage to property
Or to endanger the safety of any person
4) With intent 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 obtain any benefit or cause loss to any person

Question 13

Blackmail in general terms

Answer 13

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 (whether by words or actions) will occur.

Such act or omission would be to the prejudice of any person

Question 14

What are the ingredients for demanding was intent to steal, under section 239(1)

Answer 14

– Without claim of right
– by force or with 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 15

Outline the legislation for assault with intent to rob under section 236(1)

Answer 15

• with intent to rob any person
  – Causes GBH to that person or any other person
  – being armed with any offensive weapon, or instrument or anything appearing to be such with no instrument assaults that person
• Being together with any other person or persons assaults that person or any other person

Question 16

Assault any person with intent to rob that person or any other person

Answer 16

– Essentially designed to provide more serious punishment for unsuccessful attempts at robbery or aggravated robbery

– assault with intent to rob occurs when no property is taken but the offender has robbery on their mind

Question 17

What are the intense of blackmail

Answer 17

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

Question 18

Define reactive investigation in relation to people trafficking and migrant smuggling

Answer 18

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

Question 19

Define proactive investigation relating to human trafficking and people smuggling

Answer 19

Proactive investigation
Police lead. A combination of standard investigation techniques supplemented by intelligent sources to identify and locate the traffickers, gathering evidence and instigate proceedings against them

Question 20

Disruptive investigation

Answer 20

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

Question 21

Define stupefy according to R V Strum

Answer 21

The court held that to stupefy means to
Cause and effect on the mind or nervous system of a person which seriously interferes with that persons mental or physical ability to act in a way which might hinder and intended crime

Rendered senseless, unconscious and in clothes administration of drugs has led to disinhibitions and stimulated uncharacteristic behaviours

Question 22

Caselaw for GBH not limited to immediate harm

Answer 22

R V Mwai

The court of appeal held that section 188 is not limited to the immediate harmful consequences of the offenders actions, such as external assault or injury from a blow to the head

Expert medical evidence that HIV shows a steady relentless progression leading to AIDS and then inherited lead to death it was sufficient to establish that the defendant had caused GBH

All that is required for the actus reus to cause GBH the link between cause and effect is a physical one not one of Time

Question 23

Intoxication and intent

Answer 23

R V Taisalika Unsuccessfully argued that he was so intoxicated that he could not remember the incident, therefore he could not have possess the necessary intent. The court held that loss of memory is not the same as lack of intent at the time

Question 24

Define maiming

Answer 24

Involves mutilating, crippling, or disabling a part of the body so as to deprive the victim of the use of a limb or one of the sensors

Question 25

Ingredients for demand with intent to steal under section 239(1)

Answer 25

– Without claim of right
– by force or any threat
– compels any person two
Execute or
Make or
Except or
Endorse or
Altar or
Destroy
– any document capable of conferring up pecuniary advantage
- With intent
- To obtain any benefit

Question 26

Demands with intent section 239(2)

Answer 26

– With menaces or by any threats
– demands
- Any property
– from any persons
– with intent to steal it

Question 27

Ingredients of using a firearm against law enforcement officer

Answer 27

– Uses any firearm in any matter whatever
– against any
Constable
Traffic officer
Prison officer
Acting in the course of his or her duty
Knowing or Being reckless as to whether or not that person is a member of the police or a traffic officer or prison officer also acting

Question 28

The prosecution must prove for abduction of a young person

Answer 28

– The defendant received a person under the age of 16 and
– the receiving was deliberate and intentional and
– the defendant knew that the young person had been unlawfully taken or enticed away or detained by another, from my parent, guardian or other person having lawful care or charge of him or her of the position of that young person and
– the defendant intended by reason of the receiving to deprive the parent, guardian, or other person having lawful care or charge of him or her the position of that young person

Question 29

What was held in R V Joyce

Answer 29

The crown must establish that in the committing of the Robbery, the defendant was part of a joint enterprise by two or more persons who were physically present at the time the robbery was committed or the assault occurred

Question 30

What is the age for a charge of people smuggling

Answer 30

No age limit specified. Penalty is 20 years imprisonment or $500,000 fine

Question 31

In relation to section 208, abduction are takes away and obtained separate acts

Answer 31

Yes, detains and takes away are two separate and distinct ex giving rise to 2 different offences the prosecution must specify which one is being used - R V Crossan