MULTICHOICE - MOCK 2 Flashcards
Migrant smuggling is found in Section 98C of the Crimes Act 1961. This offence differs from the offences highlighted in the people trafficking provisions found in section 98D of the Crimes Act 1961.
Which statement best describes migrant smuggling?
a) a person who is to be exploited in the destination country
b) a person who has freely consented and is not subjected to coercion and/or deception.
c) a person who has been subjected to coercion and/or deception.
b) a person who has freely consented and is not subjected to coercion and/or deception.
Jake sees Billy who is a boy he recognizes from college. Billy has the latest iPhone which he is playing with. Jake approaches Billy and tells him he wants to have a look at it as he wants to purchase one himself. Jake tells Billy if he does not let him have a play with his iPhone he will give him the bash. As Jake is alot bigger than Billy, he gives him the iPhone and then runs away.
What is Jake’s liability?
a) Robbery
b) Demands with intent to steal
c) Assault
c) Assault
A person causes grievous bodily harm if their actions make them criminally liable for it.
In relation to the term “grievous bodily harm” which of the following statements is most correct?
a) GBH relates only to life threatening harm but need not be permanent
b) GBH refers to the degree of harm, rather than to the nature of it or how it was caused.
c) GBH refers to the nature of the harm caused or how it was caused or how it was caused, rather than to the degree of it.
b) GBH refers to the degree of harm, rather than to the nature of it or how it was caused.
Migrant Smuggling and People Trafficking are two distinct offences found in the Crimes Act 1961.
What is the key distinction between the two offences?
a) People Trafficking relates to trafficking people for prostitution and Migrant Smuggling is to smuggle people for money.
b) People Trafficking involves a person who has freely consented to be brought into NZ and Migrant Smuggling involves a person who has been brought to NZ be means of coercion or deception.
c) Migrant Smuggling involves a person who has freely consented to be brought into NZ and People Trafficking involves a person who has been brought to NZ by means of coercion or deception.
c) Migrant Smuggling involves a person who has freely consented to be brought into NZ and People Trafficking involves a person who has been brought to NZ by means of coercion or deception.
Section 189(2) of the Crimes Act 1961 relates to Injuring with Intent that includes an element of “recklessness”. The prosecution will need to prove the offender was reckless.
What must the prosecution prove in relation to the offender’s action?
a) That they consciously and deliberately took an unjustified risk
b) Consciously and deliberately took a risk that may or may not been justified
c) The he/she was aware of the risk and that they believed at the time was justified in the circumstances.
a) That they consciously and deliberately took an unjustified risk
An offender can take away or detain a person for one of three intents under the provisions of kidnapping - Section 209 Crimes Act 1961
Which of the answers below is an intent as referred to in this section?
a) with intent to deprive of possession
b) with intent to marry him or her
c) with intent to confine or imprison
c) with intent to confine or imprison
Both Kidnapping and Abduction include “take away” and “detains” as key elements to the specific offences. In relation to “takes away” and “detains” which statement is correct?
a) Taking away and detaining are two separate and distinct acts, and the prosecution should specify which of the acts is being alleged.
b) Taking away and detaining are two separate and distinct acts, but it is not necessary for the prosecution to specify which of the acts is being alleged.
c) Taking away and detaining essentially mean the same thing and if you take someone away you are technically detaining them in order to take them away.
a) Taking away and detaining are two separate and distinct acts, and the prosecution should specify which of the acts is being alleged.
A statutory defence for blackmail is found in Section 237(2) - Crimes Act 1961.
Which statement best describes that statutory defence?
a) A belief by the person making the threat that they are entitled to the benefit or to cause the loss is not in itself a defence to a charge under Section 237(1) unless the threat is, in the circumstances, a reasonable and proper means for effecting his/her purpose.
b) A belief by the person making the threat that they are entitled to the benefit or to cause the loss is not in itself a defence to a charge under Section 237(1) unless the threat is, in the circumstances, is made to effect his/her purpose.
c) A belief by the person making the threat that they are entitled to the benefit or to cause the loss is itself a defence to a charge under Section 237(1) as the threat is reasonable and proper means for effecting his/her purpose.
a) A belief by the person making the threat that they are entitled to the benefit or to cause the loss is not in itself a defence to a charge under Section 237(1) unless the threat is, in the circumstances, a reasonable and proper means for effecting his/her purpose.
Billie, an adult female, is standing at a bus stop playing games on her iPhone to pass the time until the bus comes. Jake, an intoxicated male, joins the queue and sees Billie with her phone. Jake is thinking of getting an iPhone so approaches Billie and asks to look at it because he wants to see if they live up to the hype. Billie feels threatened, mistakenly thinking that Jake is really asking to see her phone in order to steal it from her. In fear of what will happen Billie hands over the phone to Jake and then runs away.
Identify what offence Jake has committed?
a) He has not committed a Crimes Act offence.
b) He has committed the offence of “demands with intent to steal”
c) He has committed Robbery
a) He has not committed a Crimes Act offence.
Under Section 188 - Crimes Act 1961, subsection (1) and (2) both relate to actions that result in wounding, maiming, disfiguring or grievous bodily harm to a victim.
In relation to intent and outcomes of subsections (1) and (2) which statement is most correct?
a) the penalty and outcome are the same, the distinction between the two sections is the offender’s intent.
b) the offender’s intent is the same, the distinction between the two sections is the outcome.
c) the outcome is the same, the distinction between the two sections is the offender’s intent.
c) the outcome is the same, the distinction between the two sections is the offender’s intent.
A claim of right is a defence to Robbery, as defined in Section 234 - Crimes Act 1961. In order to have a valid claim of right in relation to any offence a specific nature of belief is required.
In relation to this belief which statement is correct.
a) a belief at the time the act was lawful, and they were entitled to the property at the time the offence was committed.
b) a belief in a proprietary or possessory right to the property relating to the offence committed.
c) a belief in a proprietary or possessory right to any property.
b) a belief in a proprietary or possessory right to the property relating to the offence committed.
“Circumstantial evidence” can be used to infer an offender’s intent in relation to serious assaults. This evidence can be divided into three broad areas: two of which are: the act itself and the surrounding circumstances.
What is the third area?
a) the offenders’ actions and words during the assault
b) the statement of the victim
c) the injury received by the victim
a) the offenders’ actions and words during the assault
In a fit of rage John picks up a large carving knife and lunges forward, aiming the knife at Liam’s head. The intends to stab Liam in the head but misses. The butt of the knife hits Liam in the face causing a black eye.
What should John be charged with?
a) Injuring with Intent - Section 189(2)
b) Injuring with Intent - Section 189(1)
c) Wounding with Intent - Section 188(1)
b) Injuring with Intent - Section 189(1)
Janice is 17 years old and is bully at the local high school. She pushes a younger pupil against the wall and threatens to “break her face” if she does not hand over her lunch money. The girl tells Janice that she has no money but will bring the money the following day and gives it to her at lunch. Janice lets her go. The next day at lunch, the girl gives her lunch money - $10 to Janice.
What should Janice be charged with?
a) Theft - Section 219 - Crimes Act 1961
b) Demands with Intent to Steal - Section 239 - Crimes Act 1961
c) Robbery - Section 234(1) - Crimes Act 1961
c) Robbery - Section 234(1) - Crimes Act 1961
The terms “taking away” and “detaining” are found in legislation relating to both Kidnapping and Abduction. They relate to activities undertaken by the offender during the commission of the offence.
Which statement best relates to the terms “taking away” and “detaining”?
a) Taking away and detaining are two separate and distinct acts, and a choice should be made between the two elements
b) You don’t need to choose as long as one or both have occurred so in essence, they mean the same thing.
c) Taking away and detaining both relate to the deprivation of liberty so essentially mean the same thing.
a) Taking away and detaining are two separate and distinct acts, and a choice should be made between the two elements.
