Multi choice Flashcards
What constitutes Recklessness?
- Subjective test = That the defendant consciously and deliberately ran a risk.
- Objective test = That the risk was one that was unreasonable to take in the circumstances as they were known to the defendant.
R v Harney
The conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof that the consequences complained of could well happen, together with an intention to continue the course of conduct regardless of the risk.
What was held in R v Tihi in relation to the 2 fold test for intent, S191(1)
- The defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in para a, b or c and
- He or she intended to cause the specified harm, or was reckless as to that risk.
R v Tihi
In addition to one of the specific intents outlined in paragraphs (a), (b) or (c), it must be shown that the offender either meant to cause the specified harm, or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it.
Jim sees Billy with a new iphone which he wants to buy. He tells Billy to give him the phone to play with or else he will punch him in the head. Billy gives him the phone and runs away. What is Jims criminal liability?
- Similar but Jim intoxicated at bus stop and just asked to look at phone. Billy gives it to him and runs away. No threat + no intent = No offence.
A) Robbery, 234(1) CA61
Theft, Accompanied by threats of violence, To any person, Used to extort the property stolen.
What constitutes violent means.
NLTPVAMITOV DOTC.
ITAOFTPUAP.
Not limited to physical violence and may include threats of violence, depending on the circumstances.
Includes the application of force that physically incapacitates a person.
In relation to takes away and detains which of the following is correct?
In 1st.
A) Detains and Takes away are separate and distinct offences, therefore create different offences.
R v Crossan
A child who is the legal custody of her mother has an argument with her mother. She calls her father and tells him to pick her up. He agrees and picks her up…
What offence has the father committed?
A) Abduction of a child 210(1) CA61. He has deprived the mother of lawful custody /possession.
What is held in R v Joyce?
A) Together with - There must be proof that in committing the robbery the defendant was part of a joint enterprise by Two or more people physically present at the time of the robbery.
The Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.
In relation to blackmail what is an accusation?
A) A criminal allegation against a person. ACAAAP
Normally refers to an “allegation” that the victim is guilty of criminal conduct. ATTVIGOCC
What is the difference between S188 and S189?
In 1st.
A) The outcome / victims injures.
What is the age for a charge of people smuggling?
A) None. IMP 20 yrs, $500,000 fine.
What is Sec 188(2) CA1961?
With intent to injure anyone, or with reckless disregard for the safety of others, wounds, mains, disfigures or causes grievous bodily harm to any person.
Difference between migrant smuggling and people smuggling.
In 1st.
Migrant smuggling involves a person who has freely consented to being brought into NZ as illegal immigrant.
People trafficking involves a person who is brought into NZ by means of coercion and / or deception.
What is the difference between 188(1) and 188(2)?
In 1st
Same outcome but different intent.
188(1) = Intent to cause GBH.
188(2) = Intent to injure or with reckless disregard for the safety of others.
A befriends B. A finds out B has a lot of cash in her bank. A Demands that B
give up pin number or will tell B’s family not to have anything to do with her.
What’s the offence?
Similar in 1st.
Demands with intent to steal.
Sec 239(1) CA61.
1. Without claim of right.
2. By force or with any threat.
3. Compels any person to execute, make, accept, endorse, alter or destroy
4. any document capable of conferring a pecuniary advantage.
5. With intent to obtain any benefit.
what is secondary intent?
Offender believes those consequences can happen.
