PRACTICE LIABILITIES - EXTRAS Flashcards
David and Bevan have made a powerful homemade potato gun which they have tested. This homemade air gun is capable of firing a potato upwards of 100m in the air before gravity takes hold and it falls back to earth.
Its midnight on New Years Eve, and David and Bevan have had a few drinks. They bring the potato gun out of show off to their mates. There is a large crowd at a dance party on the beach below their address. David and Bevan are aware of this as they have just come back from it. Other people at the address caution them from firing the gun as there are so many people around. David and Bevan laugh and continue to load the gun. The potato gun is fired twice up into the air. Kelly and Julia are dancing at the party and are instantly knocked to the ground by tow falling potatoes.
As a result, both Kelly and Julia receive gashes to their heads and require hospital treatment. David and Bevan come forward to Police the next day after learning what happened.
1) Identify the most appropriate offence, detailing the act, section and elements of the offence
2) Support your answer by way of discussion.
3) Disregard any firearm offences
Wound with Intent
Section 188(2) - Crimes Act 1961
With reckless disregard for the safety of others
Wounds
Any person
POINTS TO CONSIDER
- Recklessness/meaning of recklessness
- The risk was unreasonable to take in the circumstances
- Proof of wound
- What constitutes a wound
- Victim is a person
At 10.30pm, Bradley is watching Shona, the lone female occupant of a suburban address, getting ready for bed. He is planning to commit a burglary to steal her rare savannah cat. Bradley has acquired a key that unlocks the back door.
A short time after Shona goes to sleep, he enters the house and start looking for the cat. He can’t locate the valuable feline, so he goes down the hallway towards the front door in an effort to leave. Shona hears the floorboards creaking and leaves her bedroom to investigate.
Shona unwittingly finds herself between Bradley and the front door which places her in a precarious position. Bradley grabs Shona and throws her to the ground, he overpowers her using masking tape to gag her and to tie her hands behind her back. Before he leaves, he runs his finger across his throat which causes Shona to give up all resistance. Bradley leaves the address.
1) Identify the most appropriate offence, detailing the act, section and elements of the offence
2) Support your answer by way of discussion.
3) Disregard burglary offences
Aggravated Wounding
Section 191(1)(c) - Crimes Act 1961
- With intent to avoid arrest or facilitate the fight of himself upon the commission of any imprisonable offence
- By violent means
- Renders any person incapable of resistance
POINTS TO CONSIDER
- Proof of intent to facilitate fight of himself having committed a crime
- Proof of imprisonable offence
- Proof of violence used
- Intent to cause “incapable of resistance”
- Victim as a person
Reggie is a solo dad who cares for his 11-years-old son Jeremy. Unfortunately, Reggie has a bad habit of spending every cent he earns on either the pokies or alcohol. This results in Jeremy often going to school hungry, poorly dressed and generally unkempt.
As a result of an Oranga Tamariki notification originating from the school a social worker has been assigned to the case. Despite having several options given to him and numerous opportunities given for a change in lifestyle OT eventually obtain official custody of Jeremy. Jeremy is then placed in an emergency caregivers’ home.
Reggie is told this verbally and in writing. He is warned that he is not to directly approach Jeremy during this difficult time but to go through OT in order to see his son. Despite this warning one afternoon at the conclusion of the school day Reggie waits for Jeremy outside the school gates.
When he sees his son, he offers him the opportunity to come away on holiday with him rather than returning to his current OT caregivers. Jeremy loves his Father despite his shortcomings and readily agrees to this proposition. Father and Son then leave the school and go on holiday.
1) Identify the most appropriate offence, detailing the act, section and elements of the offence
2) Support your answer by way of discussion.
Abduction of a Young Person Under 16
Section 210(1) - Crimes Act 1961
- Everyone
- Who with intent to deprive
- A guardian or other such person who has lawful care or charge or a young person of possession of the young person
- Unlawfully takes or entices away the young person
POINTS TO CONSIDER
- The Defendant took, enticed or detained a person under the age of 16 years
- The taking, enticement or detention was intentional
- The taking, enticement or detention was from a person who had lawful care of the young person
- The Defendant knew the other person had lawful care of the young person
- The taking, enticement or detention was “unlawful”, and it was done with intent to deprive a parent, guardian” or other person having lawful care or charge of the young person” of possession of that young person
Jessica comes from a really bad home where she is abused and left to roam the streets. She doesn’t have a lot of money, so steals and bullies’ other kids she comes across.
On Saturday night she goes to the mall to hang out with her friends Rebecca and Emma. While in a clothes shop, Jessica sees Linda waiting outside the cinema talking on her iPhone. Jessica tells Rebecca and Emma to wait in the shop saying “gonna get me an iPhone”.
Jessica walks up behind Linda and stamps on the rear of her rear of knee joint, causing her legs to buckle. Linda falls to the floor dropping her phone. Jessica picks up the iPhone and runs out of the mall.
Thinking that what they have just seen was hilarious, Rebecca and Emma leave the shop and follow Jessica out of the mall.
Linda didn’t see Rebecca or Emma. She sustained bruising to her knees and right elbow as a result of the incident.
1) Identify the most appropriate offence, detailing the act, section and elements of the offence
2) Support your answer by way of discussion.
Robbery
Section 234(1) - Crimes Act 1961
- Theft
- Accompanied by Violence
- To any Person
- Used to prevent resistance of it being stolen
POINTS TO CONSIDER
- Proof of theft
- Proof of possession
- Proof of connection between violence and theft
- The intent to steal at time violence used
- Violence used
- Proof of person
- Property obtained
- Proof of property obtained as a result of violence used
Lisa and Manu are short of cash and head off to the local mall. Manu waits in his car while Lisa gets out and goes into the mall.
Lisa sees Annie walking through the mall with her handbag in her shopping trolley. Lisa runs towards Annie. Annie sees her coming and, thinking it a little unusual, grabs hold of her handbag. Lisa reaches Annie, grabs hold of the handbag and tries to run off with it.
Annie holds onto the handbag as Lisa attempts to rip it off her. Feeling frustrated, Lisa removes a knife from her pocket, holds it up towards Annie and screams out “let it go you bitch”.
Bystanders start shouting out for Lisa to stop. Lisa gives up and runs from the mall without the handbag. She jumps into Manu’s car, and they drive off.
1) Identify the most appropriate offence, detailing the act, section and elements of the offence
2) Support your answer by way of discussion.
Assault with Intent to Rob
Section 236(1)(b) - Crimes Act 1961
- With Intent
- To Rob any Person
- Being armed with an offensive weapon
- Assaults that person
POINTS TO CONSIDER
- Proof of Intent
- Proof of Robbery
- Victim is a person
- Proof armed with an offensive weapon
- Proof of Assault
