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****DDP - Study**** > Offences and Elements > Flashcards

Offences and Elements Flashcards

1
Q

Sexual violation by rape
Section 128(1)(a)
Crimes Act 1961

A
  • a person
  • rapes
  • another person

(Without consent, with belief that consent given was unreasonable)

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2
Q

Sexual violation by unlawful sexual connection
Section 128(1)(b)
Crimes Act 1961

A
  • A person
  • has unlawful sexual connection
  • with another person
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3
Q

Assault with intent to commit sexual violation
Section 129(2)
Crimes Act 1961

A
  • a person
  • assaults
  • another person
  • with intent to commit sexual violation of the other person
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4
Q

Sexual conduct with child under 12
Section 132
Crimes Act 1961

A

A person
(1) has sexual connection with a child
(2) attempts to have sexual connection with a child
(3) does an indecent act on a child

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5
Q

Sexual conduct with a young person under 16
Section 134
Crimes Act 1961

A

A person
(1) has sexual connection with a young person
(2) attempts to have sexual connection with a young person
(3) does an indecent act on a young person

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6
Q

Indecent Assault
Section 135
Crimes Act 1961

A
  • a person
  • indecently assaults
  • another person
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7
Q

Wounding with intent
Section188(1)
Crimes Act 1961

A
  • with intent to cause grievous bodily harm
  • to any person
  • wounds or maims or disfigures or causes grievous bodily harm
  • to any person
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8
Q

Wounding with intent
Section 188(2)
Crimes Act 1961

A
  • with intent to injure any person or with reckless disregard for the safety of others
  • wounds or maims or disfigures or causes grevious bodily harm
  • to any person
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9
Q

Injuring with intent
Section 189(1)
Crimes Act 1961

A
  • with intent to cause grevious bodily harm
  • to any person
  • injures
  • any person
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10
Q

Injuring with intent
Section 189 (2)
Crimes Act 1961

A
  • with intent to injure any person OR with reckless disregard for the safety of others
  • injures
  • any person
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11
Q

Aggravated wounding
Section 191 (1)
Crimes Act 1961

A

With intent
(a) to commit or facilitate the commission of any imprisonable offence OR
(b) to avoid the detection of himself or of any other person in the commission of any imprisonable offence OR
(c) to avoid the arrest or facilitate the flight of himself or of any other person upon the commission or ATTEMPTED commission of any imprisonable offence -
- wounds OR maims OR disfigures OR causes grievous bodily harm to any person OR stupefies OR renders unconscious any person OR by any violent means renders any person incapable of resistance

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12
Q

Discharging firearm or doing dangerous act with intent
Section 198 (1)(a)
Crimes Act 1961

A
  • With intent to do GBH
  • discharges any:
    • Firearm
    • Air gun
    • Other similar weapon
  • at any person
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13
Q

Discharging firearm or doing dangerous act with intent
Section 198(1)(b)
Crimes Act 1961

A
  • with intent to do GBH
    • Sends to any person OR
    • Delivers to any person
    • Or puts in any place
  • any explosive of injurious substance
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14
Q

Using any firearm against law enforcement officer etc
Section 198A (1)
Crimes Act 1961

A
  • uses any firearm in any manner whatsoever
  • against any
    • Constable
    • Traffic officer
    • Prison Officer
  • acting in the course of his or her duty
  • Knowing that, or being reckless whether or not that the person is a Constable, traffic officer, prison Officer so acting
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15
Q

Using a firearm against Law Enforcement Officer, etc
Section 198A (2) Crimes Act 1961

A
  • used any firearm in any manner whatsoever
  • with intent to resist the lawful arrest or detention of himself, herself or any other person
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16
Q

Commission of crime with firearm
Section 198B(1)(a)
Crimes Act 1961

A
  • in committing any imprisonable offence
  • uses any firearm
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17
Q

Commission of crime with firearm
Section 198B(1)(b)
Crimes Act 1961

A
  • while committing any improsonable offence
  • has any firearm with him or her
  • in circumstances that prima facie show an intention to use it in connection with that improsonable offence
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18
Q

Kidnapping
Section 209, Crimes Act 1961

A
  • Unlawfully
  • Takes away OR detains
  • a person
  • without their consent OR with consent obtained by fraud or duress
  • with intent to
    (a) hold him/her for ransom OR for service OR
    (b) cause him/her to be confined OR imprisoned; OR
    (c) cause him/her to be sent or taken out of New Zealand
19
Q

Abduction of a young person under 16
Section 210(1)
Crimes Act 1961

A
  • with intent to deprive
    • A parent or
    • Guardian
    • Other person having the lawful care or charge of a young person
  • of the possession of the young person
  • unlawfully
    • Takes away or
    • entices away or
    • Detains
  • the young person
20
Q

Abduction of a young person under 16
Section 210 (2)
Crimes Act 1961

A
  • receives
  • a young person
  • knowing that he/she has been
    • Unlawfully taken away OR
    • Enticed away OR
    • Detained
  • with intent to deprive a parent or guardian or other person having the lawful care or charge of him/her of the possession of him or her
21
Q

Dishonestly taking or using a document
Section 228(1)(a)
Crimes Act 1961

A
  • dishonestly
  • without claim of right
  • takes OR obtains
  • any document
  • with intent to obtain any
    • Property OR
    • Service OR
    • Pecuniary advantage OR
    • Valuable consideration
22
Q

Dishonestly uses OR attempts to use a document
Section 228(1)(b)
Crimes Act 1961

A
  • dishonestly
  • without claim of right
  • uses or attempts to use
  • any document
  • with intent to obtain any
    • Property OR
    • Service OR
    • Pecuniary advantage OR
    • Valuable consideration
23
Q

Obtaining by deception or causing loss by deception
Section 240(1)(a)
Crimes Act 1961

A
  • by any deception
  • without claim of right
  • obtains
    • Ownership OR
    • Possession of OR
    • Control over
  • any
    • Property OR
    • Privilege OR
    • Service OR
    • Pecuniary advantage OR
    • Benefit OR
    • Valuable consideration
  • directly or indirectly
24
Q

Obtaining by deception or causing loss by deception
Section 240(1)(b)
Crimes Act 1961

A
  • by any deception
  • without claim of right
  • in incurring any
    • Debt OR
    • Liability
  • obtains credit
25
Q

Obtaining by deception or causing loss by deception
Section 240 (1)(c)
Crimes Act 1961

A
  • by any deception
  • without claim of right
  • induces or causes any other person to
    • deliver over OR
    • Execute OR
    • Make OR
    • Accept OR
    • Endorse OR
    • Destroy OR
    • Alter
  • any document or thing capable of being used to derive a pecuniary advantage
26
Q

Obtaining by deception or causing loss by deception
Section 240(1)(d)
Crimes Act 1961

A
  • by any deception
  • without claim of right
  • causes loss to any other person
27
Q

Robbery
Section 234(1)
Crimes Act 1961

A
  • theft
  • accompanied by violence OR accompanied by threats of violence
  • to any person or property
  • to extort the property stolen OR to prevent or overcome resistance to its being stolen
28
Q

Aggravated Robbery
Section 235(a)
Crimes Act 1961

A
  • robs any person
  • at the time of, OR immediately before OR immediately after the robbery
  • causes grievous bodily harm
  • to any person
29
Q

Aggravated robbery
Section 235(b)
Crimes Act 1961

A
  • being together with any other person or persons
  • robs
  • any other person
30
Q

Aggravated Robbery
Section 235(c)
Crimes Act 1961

A
  • being armed with any offensive weapon or instrument OR anything appearing to be such a weapon or instrument
  • robs
  • any other person
31
Q

Assault with intent to rob
Section 236(1)(a)
Crimes Act 1961

A
  • with intent to rob any person
  • causes greviouw bodily harm to that person or any other person
32
Q

Assault with intent to rob
Section 236(1)(b)
Crimes Act 1961

A
  • with intent to rob any person
  • being armed with any offensive weapon or instrument OR anything appearing to be such a weapon or instrument
  • assaults that person or any other person
33
Q

Assault with intent to rob
- section 236(1)(c)
Crimes Act 1961

A
  • with intent to rob any person
  • being together with any other person or persons
  • Assaults that person or any other person
34
Q

Assault with intent to rob
Section 236(2)
Crimes Act 1961

A
  • Assaults any person
  • with intent to rob that person or any other person
35
Q

Arson - danger to life
Section 267(1)(a)
Crimes Act 1961

A
  • intentionally or recklessly
  • damages by fire or damages by means of any explosive
  • any property
  • if he or she knows or ought to know that danger to life is likely to ensue
36
Q

Arson (vehicle/immovable property - no interest)
Section 267(1)(b)
Crimes Act 1961

A
  • intentionally OR recklessly
  • without claim of right
  • damages by fire OR damages by means of any explosive
  • any immovable property OR vehicle OR ship OR aircraft
  • in which that person has no interest
37
Q

Arson - cause loss/obtain benefit
Section 267(1)(c)
Crimes Act 1961

A
  • intentionally
  • damages by fire or damages by means of explosive
  • any immovable property OR vehicle OR ship OR aircraft
  • with intent
  • to obtain any benefit or cause loss to any other person
38
Q

Drug Dealing (importing/exporting any controlled drug)
Section 6(1)(a)
Misuse of drugs Act 1975

A
  • import into OR export from New Zealand
  • any controlled drug
39
Q

Drug dealing (producing/manufacturing any controlled drug)
Section 6(1)(b)
Misuse of Drugs Act 1975

A
  • produce OR manufacture
  • any controlled drug
40
Q

Drug dealing (supplying any Class A or Class B controlled drug)
Section 6(1)(c)
Misuse of Drugs Act 1975

A
  • supply OR administer OR offer to supply OR administer OR otherwise deal in
  • any Class A or Class B controlled drug
  • to any other person
41
Q

Drug dealing (supplying Class C controlled drug to person under 18 years)
Section 6(1)(d)
Misuse of Drugs Act 1975

A
  • supply OR administer, OR offer to supply OR offer to administer
  • any class C controlled drug
  • to a person under 18 years of age
42
Q

Drug dealing (sell/offer to sell any class C controlled drug to person 18+)
Section 6(1)(e)
Misuse of Drugs Act 1975

A
  • sell OR offer to sell
  • any Class C controlled drug
  • to a person of or over 18 years of age
43
Q

Drug dealing (possession of controlled drug for supply)
Section 6(1)(f)
Misuse of Drugs Act 1975

A
  • have in his possession
  • any controlled drug
  • for any of the purposes set out in paragraphs. (c), (d) or (e) of the section 6(1) MODA 75

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