Offences and Sections Flashcards
Section 188 (1)
And associated caselaw
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
Section 188 (2)
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
Section 189 (1)
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
Section 189 (2)
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
Section 191 (1)
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
Section 192 (1)
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
Section 192 (2)
Aggravated Assault (Constable)
- Assaults
- Any Constable
- With intent to obstruct the
person assaulted
3 years
Section 198 (1)
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
Section 198 (2)
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
Section 198A (1)
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
Section 198A (2)
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
Section 234 (1)
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
Section 235(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
Section 235(b)
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
Section 235(c)
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
Section 236(1)(a)
Assault with intent to rob (GBH)
- With intent to rob any person
- Causes GBH
- To that person or any other
person
14 years
Section 236(1)(b)
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
Section 236(1)(c)
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
Section 236(2)
Assault with intent to rob
- Assaults
- Any person
- With intent to rob that person
or any other person
7 years
Section 208
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
Section 209
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
Section 210 (1)
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
Section 210 (2)
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
Section 191 (2)
Aggravated Injury
- With an such intent as
aforesaid - Injures
- Any person
7 years
