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Violence Module > Offences and Sections > Flashcards

Offences and Sections Flashcards

1
Q

Section 188 (1)

And associated caselaw

A

Wounding with intent (GBH)

  • With intent to cause GBH
  • To any person
  • Wounds, maims, disfigures or
    causes GBH
  • To any person

14 years

R v Taisalika
R v Rapana and Murray
DPP v Smith
R v Waters
R v Donovan/Mcarthur, Cameron v R
R v Collister

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2
Q

Section 188 (2)

A

Wounding with intent (injures)

  • With intent to injure or with
    reckless disregard for the
    safety of others
  • Wounds, maims, disfigures or
    causes GBH
  • To any person

7 years

R v Taisalika
R v Rapana and Murray
DPP v Smith
R v Waters
R v Donovan/Mcarthur
Cameron v R
R v Collister

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3
Q

Section 189 (1)

A

Injuring with intent (GBH)

  • With intent to cause GBH
  • To any person
  • Injures
  • Any person

14 years

R v Taisalika
R v Rapana and Murray
DPP v Smith
R v Waters
R v Donovan/Mcarthur, Cameron v R
R v Collister

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4
Q

Section 189 (2)

A

Injuring with intent (injures)

  • With intent to injure any
    person or with reckless
    disregard for the safety of
    others
  • Injures
  • Any person

7 years

R v Taisalika
R v Rapana and Murray
DPP v Smith
R v Waters
R v Donovan/Mcarthur, Cameron v R
R v Collister

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5
Q

Section 191 (1)

A

Aggravated Wounding

  • With intent

(a) to commit or facilitate the
commission of an imprisonable offence

(b) to avoid detection of himself or another in the commission of an imprisonable offence

(c) to avoid arrest or facilitate flight of himself or another in the commission or attempted commission of an imprisonable offence

-Wounds, maims, disfigures, causes GBH, stupefies, renders any person unconscious or by another other violent means renders any person incapable
of resistance

  • Any person

14 years

R v Tihi
R v Wati

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6
Q

Section 192 (1)

A

Aggravated Assault

  • Assaults
  • Any person
  • With intent

(a) to commit or facilitate the commission of any imprisonable offence or

(b) to avoid the detection of himself or 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

3 years

R v Tihi
R v Wati

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7
Q

Section 192 (2)

A

Aggravated Assault (Constable)

  • Assaults
  • Any Constable
  • With intent to obstruct the
    person assaulted

3 years

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8
Q

Section 198 (1)

A

Discharging firearm or doing dangerous act with intent (GBH)

  • With intent to do GBH

(a) Discharges any firearm, airgun, or other similar weapon at any person

(b) Sends or delivers to any person or puts in any place, any explosive or injurious substance or device

(c) Sets fire to any property

14 years

R v Pekepo
R v Fitzgerald

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9
Q

Section 198 (2)

A

Discharging a firearm or doing dangerous act with intent (injures)

  • With intent to injure any person or with reckless disregard for the safety of others

(a) Discharges any firearm, airgun or similar weapon at any person

(b) Sends or delivers to any person or puts in any place, any explosive or injurious substance or device

(c) Sets fire to any property

R v Pekepo
R v Fitzgerald

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10
Q

Section 198A (1)

A

Using any firearm against law enforcement officer

  • Uses any firearm in any matter
    whatever
  • Against any Constable, Traffic
    Officer or Prison Officer
  • Acting in the course of his or
    her duties
  • Knowing that or being reckless
    as to whether the person is a
    Constable so acting

14 years

R v Swain
Fisher v R
Simester and Brookbanks

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11
Q

Section 198A (2)

A

Using any firearm against law enforcement officer (resist arrest)

  • Uses a firearm in any matter
    whatever
  • With intent to resist the lawful
    arrest or detention of himself
    or of any other person

10 years

Of note: Using the firearm does not have to be against the person attempting the arrest or detention

R v Swain
Fisher v R
Simester and Brookbanks

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12
Q

Section 234 (1)

A

Robbery

  • Theft
  • Accompanied by violence or
    threats of violence
  • To any person or property
  • Used to extort that property
    stolen or prevent or overcome
    resistance to it being stolen

R v Skivington
R v Lapier
R v Peat
R v Cox
R v Maihi
Peneha v Police

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13
Q

Section 235(a)

A

Aggravated Robbery (GBH)

  • Robs
  • Any person
  • At the time of, immediately
    before or immediately after
  • Causes GBH
  • To any person

14 years

DPP v Smith
R v Joyce
R v Galey

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14
Q

Section 235(b)

A

Aggravated Robbery (together with)

  • Being together with any other
    person(s)
  • Robs
  • Any person

14 years

DPP v Smith
R v Joyce
R v Galey

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15
Q

Section 235(c)

A

Aggravated Robbery (offensive weapon)

  • Being armed with any
    offensive weapon, instrument
    or thing appearing to be such
    a weapon
  • Robs
  • Any person

14 years

DPP v Smith
R v Joyce
R v Galey

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16
Q

Section 236(1)(a)

A

Assault with intent to rob (GBH)

  • With intent to rob any person
  • Causes GBH
  • To that person or any other
    person

14 years

17
Q

Section 236(1)(b)

A

Assault with intent to rob (offensive weapon)

  • With intent to rob any person
  • Being armed with any
    offensive weapon, instrument
    or thing appearing to be such
    a weapon
  • Assaults that person or any
    other person

14 years

18
Q

Section 236(1)(c)

A

Assault with intent to rob (together with)

  • With intent to rob any person
  • Being together with any other
    person
  • Assaults that person or any
    other person

14 years

19
Q

Section 236(2)

A

Assault with intent to rob

  • Assaults
  • Any person
  • With intent to rob that person
    or any other person

7 years

20
Q

Section 208

A

Abduction for purposes of marriage or civil union or sexual connection

  • Unlawfully
  • Takes away or detains
  • Without consent or with
    consent obtained by fraud or
    duress

(a) With intent to go through a form of marriage or civil union

(b) With intent to have sexual connection

(c) With intent to cause to go through a form of marriage or civil union with some other person

14 years

R v Crossan
R v Wellard
R v Pryce
R v Cox
R v Mohi
R v Waaka

21
Q

Section 209

A

Kidnapping

  • Unlawfully
  • Takes away or detains
  • Without consent or with consent obtained by fraud or duress

(a) With intent to hold for ransom or cause to service

(b) With intent to cause to be confined or imprisoned

(c) With intent to cause to be sent out or taken out of NZ

R v M
R v Wellard

22
Q

Section 210 (1)

A

Abduction of a young person under 16 (takes)

  • With intent to deprive a parent
    or guardian or other such
    person having lawful custody
  • Of the possession of a young
    person
  • Unlawfully takes, entices away
    or detains
  • The young person

7 years

R v Forrest and Forrest

23
Q

Section 210 (2)

A

Abduction of a young person under 16 (receives)

  • Receives a young person
  • Knowing the he or she has
    been unlawfully taken away,
    enticed away or detains
  • With intent to deprive a parent
    or guardian of possession of
    the young person

7 years

R v Forrest and Forrest

24
Q

Section 191 (2)

A

Aggravated Injury

  • With an such intent as
    aforesaid
  • Injures
  • Any person

7 years

Violence Module (10 decks)

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