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RNZPC > Offences > Flashcards

Offences Flashcards

1
Q

OF01 Assault : What are the elements of assault in the Crimes Act 1961, Section 196 OR Summary Offences Act 1981, Section 9.

A

Assaults,

Another Person

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2
Q

OF01 Assault : What is the first part of the ‘Assaults’ element proven by? (separated by OR)

A

Acts of intentionally applying or attempting to
apply force to the person of another, directly or
indirectly,

OR…

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3
Q

OF01 Assault : What is the second part of the ‘Assaults’ element proven by? (separated by OR)

A

OR…

threatening by any act or gesture to apply such
force to the person of another, if the person
making the threat has, or causes the other to
believe on reasonable grounds that they have,
the present ability to effect their purpose.

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4
Q

OF01 Assault : What is direct assault?

A

Where force is directly applied to the victim.

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5
Q

OF01 Assault : What is indirect assault?

A

Where force is not applied directly to the victim

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6
Q

OF01 Assault : What is conditional assault?

A

Where the threat of an assault is followed by a condition. e.g “You won’t be assaulted if you leave the property.”

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7
Q

OF01 Assault : What is transferred malice?

A

Where a third party (other than the intended victim) is struck.

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8
Q

OF01 Assault : What is an example of implied consent?

A

a hug, handshake, kiss, a tackle in rugby etc..

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9
Q

OF01 Assault : What three factors must be considered when deciding on an assault charge?

A

The intent, weapons or degree of force used, injuries received.

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10
Q

OF01 Assault : What does section 39 of the Crimes Act 1961 outline?

A

Gives a constable or other person the power to use force in making an arrest.

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11
Q

OF01 Assault : What does section 40 of the Crimes Act 1961 outline?

A

Gives authority for police to use force to stop a person escaping.

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12
Q

OF01 Assault : What does section 42 of the Crimes Act 1961 outline?

A

Allows anyone to use reasonable force to prevent a breach of the peace.

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13
Q

OF01 Assault : What does section 48 of the Crimes Act 1961 outline?

A

Allows anyone to use as much force as is reasonable in defence of himself or herself or another person.

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14
Q

OF01 Assault : What does section 62 of the Crimes Act 1961 outline?

A

Everyone authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess.

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15
Q

OF01 Assault : What does section 189A state?

A

Everyone is liable to imprisonment for a term not exceeding 7 years who intentionally or recklessly impedes another person’s normal breathing, blood
circulation, or both.

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16
Q

OF06 Wilful Damage : What are the elements of Wilful Damage, Summary Offences Act 1981 Section 11(1)(a)?

A

Intentionally

Damages

Property

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17
Q

OF06 Wilful Damage : What are the elements of Wilful Damage, Summary Offences Act 1981 Section 11(1)(b)?

A

Intentionally

Sets fire to

any Tree or Vegetation

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18
Q

OF06 Wilful Damage : What does ‘recklessly’ mean?

A

Without regard to the danger or the consequences of one’s actions

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19
Q

OF06 Wilful Damage : What does ‘intentionally’ mean?

A

Deliberately or on purpose.

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20
Q

OF06 Wilful Damage : What is the legal definition of ‘property’?

A

includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest

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21
Q

OF06 Wilful Damage : What does ‘damages’ mean?

A

physical harm that impairs the value, usefulness, or normal function of something.

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22
Q

OF06 Wilful Damage : What are the elements of Wilful Damage, Summary Offences Act 1981 Section 11(1)(a) proven by?

A

A deliberate act, without lawful justification, excuse or claim of right.

OR

A reckless act, without lawful justification, excuse or claim of right.

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23
Q

OF06 Wilful Damage : What are the elements of Wilful Damage, Summary Offences Act 1981 Section 11(1)(b) proven by?

A

A deliberate act.

OR

Reckless act without lawful justification, excuse or claim of right.

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24
Q

OF06 Wilful Damage : Where should you go for more serious cases of intentional damage?

A

Section 269 of the Crimes Act 1961 (intentional damage).

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25
Q

OF06 Wilful Damage : What is the time frame which prosecution must be commenced? (under the summary of offences act)

A

within 6 months.

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26
Q

OF03 Theft : What are the elements of ‘Theft’ by taking?

A
  • Dishonestly
  • Without claim of right
  • Takes
  • Any property
  • With intent to deprive any
    owner permanently of that
    property

OR

  • With intent to deprive any
    owner permanently of any
    interest in that property
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27
Q

OF03 Theft : What are the elements of ‘Theft’ by using or dealing?

A
  • Dishonestly
  • Without claim of right
  • Uses or deals with
  • Any property
  • With intent to deprive any
    owner permanently of that
    property

OR

  • With intent to deprive any
    owner permanently of any
    interest in that property
  • After obtaining possession
    or control of that property
    in whatever manner
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28
Q

OF03 Theft : What is the element ‘Dishonestly’ proven by?

A

Without a belief that there was consent or authority from the owner.

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29
Q

OF03 Theft : What is the element ‘Without claim of right’ proven by?

A

No belief in a right to own or possess the property

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30
Q

OF03 Theft : What is the element ‘Takes’ proven by?

A

Physically moves the property

31
Q

OF03 Theft : What is the element ‘Any property’ proven by?

A

Anything whatsoever, whether tangible or intangible, that is the property of any person and has value.

32
Q

OF03 Theft : What is the element ‘Uses or deals with’ proven by?

A

Exceeds the authority or conditions given by using or dealing with the property in any manner

33
Q

OF03 Theft : What is the element ‘With intent to deprive any owner permanently of that property’ proven by?

A

With an intent to deprive the owner permanently of the property OR deal with the property in a manner so that it cannot be restored to its original condition.

34
Q

OF03 Theft : What is an example of the element ‘With intent to deprive any owner permanently of any interest in that property’ ?

A

Having part ownership in a car with another party and lighting the car on fire.

35
Q

OF03 Theft : Why is knowing the value of the property important?

A

Because the value of the stolen property can affect the penalty / punishment for the theft.

36
Q

OF03 Burglary : What are the elements of ‘Burglary’?

A
  • Enters
  • Any building
    OR
  • Any ship
    OR
  • Any part of any building
    OR
  • Any part of any ship
  • Without authority
  • With intent to commit an
    imprisonable offence in the
    building OR ship.
37
Q

OF03 Burglary : What are the elements of ‘Burglary (having entered)’ ?

A
  • Having entered
  • Any building
    OR
  • Any ship
  • Remains without authority
  • With intent to commit an
    imprisonable offence in the building
    OR ship
38
Q

OF03 Burglary : What is the element ‘Remains without authority’ proven by?

A

Remains when consent to be within the building or ship no longer applies.

39
Q

OF03 Burglary : What is the element ‘Enters’ proven by?

A

Entry is complete as soon as any part of the body of the person or any part of any instrument used by that person, is within the building or ship.

40
Q

OF03 Burglary : What is the element ‘Any building’ proven by?

A

Any building or structure of any description,
whether permanent or temporary; and includes a tent,
caravan, or houseboat; and also includes any enclosed
yard or any closed cave or closed tunnel.

41
Q

OF03 Burglary : What is the element ‘With an intent to commit an imprisonable offence within the building OR ship’ proven by?

A

With intent to commit an imprisonable offence in the

building. In other words, THERE MUST BE AN INTENT.

42
Q

OF03 Aggravated burglary : Section 232.

A
  1. Everyone is liable for a term not exceeding 14 years who:
    a) while committing burglary, has a weapon with him or her or uses
    anything as a weapon; or
    b) having committed burglary has a weapon with him or her, or uses
    anything as a weapon, while still in the building or ship.
  2. Everyone is liable to imprisonment for a term not exceeding 5 years who
    is armed with a weapon with intent to commit burglary
43
Q

OF03 Robbery : What are the elements of ‘Robbery’?

A
  • THEFT
  • Accompanied by Violence OR Threats of Violence
  • To any person OR to any property
  • Used to extort the property stolen
    OR
  • To prevent or overcome resistance to the property being stolen
44
Q

OF03 Robbery : Aggravated Robbery, Section 235 of The Crimes Act 1961.

A

Aggravated robbery is where:
• a person robs any person and, at the time, before or after the robbery, causes grievous bodily harm to any person
or
• being together with any other person or persons, robs any person
or
• a person armed with an offensive weapon or instrument (which includes a firearm), robs any other person.

45
Q

OF03 Robbery : Assault with intent to rob, Section 236 of The Crimes Act 1961.

A

Assault with intent to rob is where any person assaults a person with the intention to rob them (but no theft takes
place).

46
Q

OF03 Robbery : ‘Demanding with intent to steal’, section 239 (2) of The Crimes Act 1961.

A

“Everyone is liable to imprisonment for a term not exceeding 7 years who, with menaces or by any threat, demands any property from any persons with intent to steal it.

47
Q

OF03 Robbery : What does ‘ extorting the property ‘ mean?

A

Frightening the victim into handing the property over. “If you don’t hand me your wallet, I’ll punch you”.

48
Q

OF03 Robbery : What does the element of ‘to overcome the resistance’ mean?

A

To use force in some way so the victim is unable to defend their property.

49
Q

OF03 Receiving : What are the elements of receiving?

A
  • Receives
  • Any property stolen
    OR
  • Any property obtained by any other imprisonable offence.
  • Knowing that property to have been stolen or so obtained.
    OR
  • Being reckless as to whether the property had been stolen or so obtained.
50
Q

OF03 Receiving : How can ‘guilty knowledge’ be proven?

A
  • By direct evidence. e.g the actual thief says he gave it to the receiver to hide.
  • By using circumstantial evidence. e.g the receiver purchased the property at gross undervalue.
51
Q

OF03 Receiving : What is the element of ‘Receives’ proven by?

A

Either exclusively or jointly with the thief or any other

person has possession or control over anything unlawfully obtained or helps in its concealment or disposal.

52
Q

OF03 Receiving : What is the element of ‘Being reckless as to…’ proven by?

A

Receives the property, despite the person consciously
taking an unreasonable risk that the property might be
stolen or obtained by any other imprisonable offence.

53
Q

OF03 Receiving : Doctrine of recent possession explanation.

A

If a person is found in possession of property that has recently been stolen, this is sufficient evidence to justify a finding that the possessor is either the thief or a dishonest receiver

54
Q

RP01 Road Policing : What does a ‘Motor vehicle’ mean?

A

A ‘Motor vehicle’ means a vehicle drawn or propelled by mechanical power, and includes a trailer.

55
Q

RP01 Road Policing : What does a ‘road’ include?

A
  • Street
  • Motorway
  • Beach
  • Bridges
  • Anywhere the public has access.
56
Q

RP01 Road Policing : What are the 3 types of driver licence?

A

Learners, Restricted, Full.

57
Q

RP01 Road Policing : What are the elements of ‘Inconsiderate or Careless use’ ? (section 37 LTA).

A
  • Operates
  • A vehicle
  • On a road
  • Carelessly
    OR
  • Without reasonable consideration for other road users.
58
Q

RP01 Road Policing : What are the elements of ‘Reckless or dangerous driving’? (section 35 LTA)

A
  • Operates
  • A motor vehicle
  • On a road
  • Recklessly
    OR
  • In a Manner/ Speed which may be dangerous to any public / any person.
59
Q

RP01 Road Policing : What is the key difference between reckless and dangerous driving?

A

Intent (mens rea)

60
Q

RP01 Road Policing : What is the definition of a ‘vehicle’ ?

A

A contrivance equipped with wheels, tracks or revolving runners on which it moves.

61
Q

RP01 Road Policing : What are the penalties for driving whilst disqualified? (section 32 of the LTA).

A

First or second offence = 3 Months imprisonment or a $4500 fine and 6 months or more disqualification from driving.

Third + offence = 2 years imprisonment or a $6000 fine and 1 year or more disqualification from driving.

62
Q

RP01 Road Policing : What does Section 52 (1) of the Land Transport Act 1998 outline?

A

Contravening the instructions of an officer. This section provides the various offences for failing to follow the lawful instructions of an officer.

E.g Failing to comply with a notice/ direction given by an officer.

63
Q

RP01 Road Policing : What are the elements of ‘Engaging in unauthorised street or drag racing’ ?, Section 36A LTA 1998

A
  • A person
  • Operates a vehicle
  • In a race
    OR
  • In an unnecessary exhibition of speed or acceleration
  • On a road
64
Q

RP01 Road Policing : What are the Police powers under Section 122 of the LTA 1998?

A

Can impound the vehicle for a period of 12 hours if there’s reasonable belief for public safety.

65
Q

RP01 Road Policing : What are the Police powers for Section 123 of the LTA 1998?

A

Can impound the vehicle for up to 10 days. This can be to preserve evidence etc.

66
Q

RP01 Road Policing : What are the Police powers under Section 114 of the LTA 1998?

A

Stopping vehicles and demanding the drivers details.

67
Q

RP01 Road Policing : What details can you get from the driver under section 114 of the LTA 1998?

A

Full name, address, DOB, cellphone number, Owners details.

68
Q

RP01 Road Policing : What are the Police powers under Section 113 of the LTA 1998? (DIMDFFD)

A
  • Direct a person to give details (passenger).
  • Inspect the vehicle
  • Move or authorise someone to move any vehicle
  • Direct the driver to move the vehicle
  • Forbid an unlicenced driver
  • Forbid a person a person operate a transport service
  • Direct traffic
69
Q

RP01 Road Policing : What are the Police powers for Section 115 of the LTA 1998?

A

Prohibiting vehicles by issuing pink and green stickers.

70
Q

RP01 Road Policing : What are the Police powers for Section 118 of the LTA 1998?

A

Being able to ask the owner or hirer of the vehicle to supply information regarding the drivers details within 14 days.

71
Q

RP01 Road Policing : What are the Police powers for Section 119 of the LTA 1998?

A

Can enter any premises on which a fleeing driver has entered to exercise EBA procedures.

72
Q

RP01 Road Policing : What are the Police powers for Section 121 of the LTA 1998? (FARMED)

A
  • Forbid the driver for a specified time
  • All keys must be surrendered
  • Render the vehicle immobile
  • Move the vehicle if obstructing
  • EBA, if over, must be forbidden for 12 hours
  • Direct a person to rest if over hours
73
Q

RP01 Road Policing : When must you suspend a licence for 28 days?

A
  • Excess breath and blood alcohol
  • Excess breath and blood and relevant offences in the last 4 years.
  • Refused a blood test
  • 40kph over the speed limit
  • 50kph over temporary speed limit

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