Prereq All Flashcards

Question 1

Q

ABDUCTION

Answer

A

ABDUCTION - Section 208 (a) or (b) or (c) C.A.61 - PENALTY 14 years

Unlawfully

R V CHARTRAND

Takes away OR Detains

R V CROSSAN

R v WELLARD

R v PRYCE

A person
Without his or her consent OR With his or her consent obtained by fraud OR With his or her consent obtained by duress

R v COX

R v CORT

PAO ON v LAU YIU LONG

With intent to:

R v MOHAN

R v WAAKA

R v MOHI

(a) Marry him/her OR
(b) Have sexual connection with him/her OR
(c) Cause him/her to be married or have sexual connection with some other person

Question 2

Q

KIDNAPPING

Answer

A

KIDNAPPING

Section 209 (a) or (b) or (c) C.A.61 - PENALTY 14 years

Unlawfully

R V CHARTRAND

Takes away OR Detains

R V CROSSAN

R v WELLARD

R v PRYCE

A person
Without his or her consent OR With his or her consent obtained by fraud OR With his or her consent obtained by duress

R v COX

R v CORT

PAO ON v LAU YIU LONG

With intent to:

R v MOHAN

R v WAAKA

R v MOHI

(a) Hold him/her for ransom or 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

Question 3

Q

ABDUCTION OF YOUNG PERSON UNDER 16 YEARS (1)

Answer

A

ABDUCTION OF YOUNG PERSON UNDER 16 - 210(1) Crimes Act 1961

Everyone is liable to a term of imprisonment not exceeding 7 years who:

With intent:
To deprive a parent or guardian or other person having lawful care or charge of a young person
Of the possession of the young person
Unlawfully takes OR entices away OR detains
The young person

Question 4

Q

ABDUCTION OF YOUNG PERSON UNDER 16 YEARS (2)

Answer

A

ABDUCTION OF YOUNG PERSON UNDER 16 - 210(2) Crimes Act 1961

Everyone is liable to a term of imprisonment not exceeding 7 years who:

Receives a young person
Knowing that he or she has been unlawfully taken OR enticed away OR detained
With intent to
Deprive a parent or guardian or other person having lawful care or charge of a young person

Question 5

Q

Statutory defence of good faith

Answer

A

Statutory defence of good faith - 210A Crimes Act 1961

A person who claims in good faith a right to the possession of a young person under the age of 16 years cannot be convicted of an offence against s209 or s210 because he or she gets possession of the young person.

Question 6

Q

Person

Answer

A

Person

Gender neutral, proven by judicial notice or circumstantial evidence.

Question 7

Q

Consent

Answer

A

Consent

A person’s conscious and voluntary agreement to do something desired or proposed by another.

Question 8

Q

Consent - Defence s209A Crimes Act 1961

Answer

A

Consent - Section 209A Crimes Act 1961

A person under 16 years cannot give consent to being taken away or detained.

Defence - S209A, Crimes Act 1961

Consent is not a defence to charges under s208 - s210 when the person taken is under 16 years (s209A CA 61)

For the purpose of s208 & s209, a person under the age of 16 years cannot consent to being taken away or detained.

Question 9

Q

Consent Obtained by Fraud (Deception)

Answer

A

With Consent Obtained by Fraud (Deception)

Consent obtained by the misrepresentation of the facts or the offenders intentions.

Question 10

Q

Consent Obtained by Duress

Answer

A

With Consent Obtained by Duress

Consent obtained by actual or implied threat of force to the victim or another person. Can include other forms of pressure or coercion.

Question 11

Q

Intent

Answer

A

Intent

A person does something intentionally if the mean to do it. They desire a specific result and act with the aim or purpose of achieving it. (MOHAN, WAKKA & MOHI).

Question 12

Q

Ransom

Answer

A

Ransom

A sum of money demanded or paid for the release of a person being held captive.

Question 13

Q

Service

Answer

A

Service

Offender intends to keep the victim as a servant or slave.

Question 14

Q

Imprisoned

Answer

A

Imprisoned

Put in prison or confine as if in prison.

Question 15

Q

Sent or Taken Out of New Zealand

Answer

A

Sent or Taken Out of New Zealand

Sent - Offenders intent is that victim leave New Zealand.

Question 16

Q

Marry

Answer

A

Marry

Engage in a marriage solemnised in accordance with the provisions of the Marriage Act 1955.

Question 17

Q

When the Offence is Complete + Case Law

Answer

A

When the Offence is Complete (R v Mohi)

In abduction, marriage and sexual connection appear only a matter of intent, it is not necessary to prove that they actually occurred or were even attempted.

R v MOHI

Offence is committed at the time of the taking away, so long as there is at the moment the necessary intent. Crown does not need to show that the intent was carried out.

Question 18

Q

Sexual Connection - S2, Crimes Act 1961

Answer

A

Sexual Connection - S2, Crimes Act 1961

Connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purpose of:

A part of the body of another person (or)
An object held or manipulated by another person OR

Connection between the mouth or tongue of one person and part of another person’s genitalia or anus OR
The continuation of connection of a kind described in paragraph (a) or paragraph (b).

Question 19

Q

R v Chartrand - Unlawfully

Answer

A

R v Chartrand

Unlawfully means “without lawful justification, authority or excuse”

Question 20

Q

R v Wellard - Kidnapping

Answer

A

R v Wellard

Kidnapping is the “deprivation of liberty coupled with the carrying away from the place where the victim wants to be”.

Question 21

Q

R v Pryce - Detaining

Answer

A

R v Pryce

Detaining is an active concept meaning “to keeping confinement or custody” in contrast to the passive concept of “labouring” or mere failure to hand over.

Question 22

Q

R v Mohi - offence is complete

Answer

A

R v Mohi

The offence is complete at the time of taking or the period of detention has commenced accompanied with the necessary intent (regardless if intent carried out or not).

Question 23

Q

R v Crosson - Taking away

Answer

A

R v Crosson

Taking away and detaining are “separate and distinct offences”. The first consists of taking the victim away; the second, detaining them.

Question 24

Q

R v Cox - Consent

Answer

A

R v Cox

Consent must be “full, voluntary, free an informed… freely and voluntarily given by a person in a position to form a rational judgement”.

Question 25

Q

R v MOHAN, R v WAKKA, R v MOHI - Intent

Answer

A

R v MOHAN

Intent involves a decision to bring about in so far as it lies within the accused’s power, the commission of the offence.

R v WAAKA

A fleeting or passing thought is not sufficient; there must be a firm intent or a firm purpose to effect an act.

R v MOHI

Offence is commited at the time of the taking away, so long as there is at the moment the necessary intent. Crown does not need to show that the intent was carried out.

Question 26

Q

Accessory After the Fact (1)

Answer

A

Accessory After the Fact - s71(1) CA61 - PENALTY 7 years/5 years/1/2

Knowing any person to be a party to an offence
Receives, comforts or assists that person OR Tampers with or actively suppresses any evidence.
In order to enable him to escape after arrest OR Avoid arrest or conviction

Question 27

Q

Accessory After the Fact (2)

Answer

A

Accessory After the Fact - s71(2) CA61

No married person whose spouse or civil union partner has been a party to an offence shall become an accessory after the fact to that offence by doing an act to which this section applies.
In order to enable the spouse or civil union partner or the spouse or civil union partner of any other person who has been a party to the offence, to escape after arrest or to avoid arrest or conviction.

Question 28

Q

Accessory After the Fact (Penalty)

Answer

A

Accessory After the Fact (Penalty) – s312 CA61

Everyone who is an accessory after the fact to any imprisonable offence,

being an offence in respect of which no express provision is made by this Act or by some other enactment for the punishment of an accessory after the fact,
is liable to imprisonment for a term not exceeding 7 years if the maximum punishment for that offence is imprisonment for life, and not; 5 years if max punishment 10 years; half maximum penalty in all other cases.

Question 29

Q

Knowing + Case Law

Answer

A

Knowing

The accused must have knowledge that the person that they are being an accessory to was party to an offence at the time of assisting them.

Simester and Brookbanks: Principles of Criminal Law

Knowing means “correctly believing.” The defendant may believe something wrongly but cannot “know” something that is false.

Question 30

Q

Party to

Answer

A

Party – Section 66(1) Crimes Act 1961

Everyone is party to and guilty of an offence who:

Actually commits the offence; OR

Does or omits an act for the purpose of aiding any person to commit the offence; OR

Abets any person in the commission of the offence OR

Incites, counsels or procures any person to commit the offence.

Question 31

Q

Offence

Answer

A

Offence

“Offence” and “crime” are words that are used interchangeably in statute, and there is no material difference between them. They may be described as an act or omission that is punishable on conviction under any enactment, and are demarcated into four categories.

Question 32

Q

Proof of Offence Committed

Answer

A

Proof of Offence Committed

The offence must be complete in order to be an accessory. Where the person is involved before or during the commission of the offence you should consider whether they are a party to the offence or a conspirator.

A person charged with being an accessory after the fact is entitled to assist on proof of the principal crime and to challenge the evidence of it even if the principal offender has pleaded guilty.

Question 33

Q

Receives/Comforts/Assists

Answer

A

Receives/Comforts/Assists

The accused does a deliberate act for the purpose of assisting the person to evade justice. The act done must actually help the person in some way.

Question 34

Q

Tampers with OR actively suppresses any evidence + Case Law

Answer

A

Tampers with OR actively suppresses any evidence

Must do a deliberate act in relation to evidence against offender for purpose of assisting person evade justice. The act must actually help the person.

R v MANE

The act done by the accessory must be done after the completion of the offence.

Question 35

Q

R v CROOKS - Knowledge

Answer

A

R v CROOKS

Knowledge means actual knowledge or belief in the sense of having no real doubt that the person assisted was a party to the relevant offence.

Question 36

Q

R v BRIGGS - wilful blindness

Answer

A

R v BRIGGS

Knowledge may also be inferred from wilful blindness that the offence was committed.

Question 37

Q

R v MANE - completion of the offence.

Answer

A

R v MANE

The act done by the accessory must be done after the completion of the offence.

Question 38

Q

ATTEMPTS

Answer

A

ATTEMPTS – s72 CA61

Everyone who,

having an attempt to commit an offence
does or omits an act
for the purpose of accomplishing his object,
is guilty of an offence to commit the offence intended,
whether in the circumstances it was possible to commit the offence or not.

Question 39

Q

R v DONNELLY - stolen property

Answer

A

R v DONNELLY

Where stolen property has been returned to the owner or legal title to any such property has been acquired by any person, it is not an offence to subsequently receive it, even though the receiver may know that the property had previously been stolen or dishonestly obtained.

Question 40

Q

POLICE v JAY

Answer

A

POLICE v JAY

A man bought hedge clippings believing they were cannabis.

Question 41

Q

R v RING - intention to steal

Answer

A

R v RING

Offender intended to steal property by putting his hand into the victims pocket. Unbeknown to him, the victim’s pocket was empty. Despite this he was successfully convicted of attempted theft due to the intent to steal the property being present.

Question 42

Q

R v HARPUR - proximity

Answer

A

R v HARPUR

The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops… the defendants conduct may be considered in its entirety. Considering how much remains to be done… is always relevant, thought not determinative.

Question 43

Q

ARSON (1)(a)

Answer

A

ARSON s267(1)(a) CA61 – Penalty 14 years

Intentionally OR Recklessly

R v MOHAN

R v WAAKA

R v HARNEY

Damages by fire OR Damages by means of any explosive

R v ARCHER

Any property
Knowing or ought to know danger to life is likely to ensue

Simester and Brookbanks: Principles of Criminal Law

Question 44

Q

ARSON (1)(b)

Answer

A

ARSON s267(1)(b) CA61 – Penalty 14 years

Intentionally OR Recklessly

R v MOHAN

R v WAAKA

R v HARNEY

And without claim of right
Damages by fire OR Damages by means of explosive

R v ARCHER

Any immovable property OR Vehicle OR Aircraft OR Ship
In which that person has no interest

Question 45

Q

ARSON (1)(c)

Answer

A

ARSON s267(1)(c) CA61 – Penalty 14 years

Intentionally

R v MOHAN

R v WAAKA

Damages by fire OR Damages by means of explosive

R v ARCHER

Any immovable property OR Vehicle OR Aircraft OR hip
With intent to obtain any benefit OR to cause loss to any person

R v MOHAN

R v WAAKA

R v MORLEY

Question 46

Q

ARSON (2)(a)

Answer

A

ARSON s267(2)(a) CA61 – Penalty 7 years

Intentionally OR Recklessly

R v MOHAN

R v WAAKA

R v HARNEY

And without claim of right
Damages by fire OR Damages by means of explosive

R v ARCHER

Any property in which that person has no interest (other than property listed in section 267(1))

Question 47

Q

ARSON (2)(b)

Answer

A

ARSON s267(2)(b) CA61 – Penalty 7 years

Intentionally OR Recklessly

R v MOHAN

R v WAAKA

R v HARNEY

Damages by fire OR Damages by means of explosive

R v ARCHER

Any property (other than property referred to in 267(1))
With intent to obtain any benefit OR to cause loss to any person

Question 48

Q

ATTEMPTED ARSON

Answer

A

ATTEMPTED ARSON – s268 CA 61

Everyone is liable to a term of imprisonment not exceeding 10 years who

attempts to
_commit arson _in respect of any
immovable property or any vehicle, ship or aircraft.

Question 49

Q

Intent + Case Law

Answer

A

Intent

A person does something intentionally if the mean to do it. They desire a specific result and act with the aim or purpose of achieving it. (MOHAN, WAKKA & MOHI).

R v MOHAN

Intent involves a decision to bring about in so far as it lies within the accused’s power, the commission of the offence.

R v WAAKA

A fleeting or passing thought is not sufficient; there must be a firm intent or a firm purpose to effect an act.

R v MOHI

Offence is commited at the time of the taking away, so long as there is at the moment the necessary intent. Crown does not need to show that the intent was carried out.

Question 50

Q

Recklessness + Case Law

Answer

A

Recklessness

A conscious and deliberate taking of an unjustifiable risk.

R v HARNEY

Foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk.

Question 51

Q

Damages by Fire + Case Law

Answer

A

Damages by Fire

Widens the scope of arson to include situations where property is damaged by fire not necessarily set alight. For example heat damage, melting, oxidation, and smoke damage.

R v ARCHER

Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.

Question 52

Q

Danger to Life

Answer

A

Danger to Life

Danger to life is given a commonsense meaning requiring the danger to life of some person other than the defendant.

Question 53

Q

Explosive

Answer

A

Explosive – Section 2, Arms Act 1983

Any substance or mixture or combination of substances which in its normal state is capable of either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect eg gun powder, gelignite.

Question 54

Q

Property

Answer

A

Property - Section 2 Crimes Act 1961

Includes any real or 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.

Question 55

Q

Knows or Out to know

Answer

A

Knows or Out to know

The fact that the defendant knowingly puts another persons life at risk is an aggravating factor that brings the offending within s267(1) CA61.

Simester and Brookbanks: Principles of Criminal Law

Knowing means “correctly believing.” The defendant may believe something wrongly but cannot “know” something that is false.

This provision involves a mixed subjective/objective test as to the defendant’s degree of knowledge.

Subjective Test - what was the defendant thinking at the time? Did the defendant know that human life was likely to be endangered by his actions?

Objective Test - what would a reasonable person have thought in the same circumstances? Would a reasonable person have recognised the risk?

Question 56

Q

Claim of Right

Answer

A

Claim of Right - Section 2 Crimes Act 1961

In relation to any act means a belief at the time of the act, in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.

Question 57

Q

Immovable Property

Answer

A

Immovable Property

Property will be considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to make it movable.

In general, it relates to buildings and land and things growing on land, such as forests.

Question 58

Q

Vehicle

Answer

A

Vehicle - Section 2 LTSA1998

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

Question 59

Q

Ship

Answer

A

Ship - Section 2, Crimes Act 1961

Any vessel used in navigation, however propelled and includes any barge, lighter, dinghy, raft, or like vessel and also includes any ship belonging to or used as a ship of the armed forces of any country.

Question 60

Q

Aircraft

Answer

A

Aircraft - Section 2 Civil Aviation Act 1990

means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth

Question 61

Q

Interest

Answer

A

Interest

No claim or interest in property.

Question 62

Q

Obtain

Answer

A

Obtain - Section 217, Crimes Act 1961

In relation to any person means to obtain or retain for himself/herself or for any other person.

Question 63

Q

Benefit

Answer

A

Benefit - Section 267(4) Crimes Act 1961

Means any benefit, pecuniary advantage, privilege, property, service, valuable consideration.

Question 64

Q

Cause Loss

Answer

A

Cause Loss

Criminality can only arise from direct loss; indirect losses such as expectation loss (loss of a bargain) and loss of anticipated future profits are not included.

Answer 65

A

R v HARNEY

Foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk.

Answer 66

A

R v ARCHER

Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.

Answer 67

A

R v HARPUR

The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops… the defendants conduct may be considered in its entirety. Considering how much remains to be done… is always relevant, thought not determinative.

Answer 68

A

Aggravated Burglary – s232(1)(a) CA 61 Penalty: 14 Years

While committing burglary
Has a weapon with him OR Uses anything as a weapon

POLICE V PITMAN

R V EDMONDS

R V STEELE

Answer 69

A

Aggravated Burglary – s232(1)(b) CA 61 Penalty: 14 Years

Having committed burglary
Has a weapon with him OR Uses anything as a weapon

POLICE V PITMAN

R V EDMONDS

R V STEELE

While still in the building or ship

PRITCHARD V POLICE

Answer 70

A

Conspiracy – s310(1) CA61 - Penalty 7 Years

Conspires

MULCAHY V R

R V SANDERS

With any person

R V WHITE

To commit any offence

CHURCHILL v WALTON

Answer 71

A

The conspiratorial agreement requires the operation of both the physical and mental faculties.

The actus reus (physical element) of conspiracy is the agreement between two or more people to put their common design into effect.

The mens rea (mental intent) necessary for a conspiracy is:

an intention of those involved to agree, and
an intention that the relevant course of conduct should be pursued by those party to the agreement.

Answer 72

A

R V SANDERS

“A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues in operation and therefore in existence until it is ended by completion of its performance or abandonment or in any other manner by which agreements are discharged”.

Answer 73

A

R v WHITE

The conspiracy may be by a person who could not commit the crime and where you can prove that a suspect conspired with other parties whose identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown.

Answer 74

A

TAKING/OBTAINING A DOCUMENT s228(a) Crimes Act 1961 - PENALTY 7 years

With intent

R v MOHAN

R v WAAKA

R V MORLEY

to obtain
any Property OR Service OR Pecuniary Advantage OR Valuable Consideration

R V CARA

R v HAYES x 2

Dishonestly
And without claim of right
Takes OR Obtains
a document

R V MISIC

Answer 75

A

USES/ATTEMPTS TO USE A DOCUMENT s228(b) Crimes Act 1961 - PENALTY 7 years

With intent

R v MOHAN

R v WAAKA

R V MORLEY

To obtain
Any Property OR Service OR Pecuniary Advantage OR Valuable Consideration

R V CARA

R v HAYES x 2

Dishonestly
And without claim of right
Uses OR Attempts to use
Any document

R V MISIC

Answer 76

A

DECEPTION - s240(1)(a) C.A.61 - PENALTY 7 years, 1 year, 3 mth

By any deception

R V MORLEY

And without claim of right
Obtains ownership OR possession of OR control over

WARNER v MET POL COMMISSIONER

SULLIVAN V EARL OF CAITHNESS

R v HAYES x 2

Any Property OR Any Privilege OR Service OR Pecuniary Advantage OR Benefit OR Valuable Consideration

R V CARA

R v HAYES x 2

Answer 77

A

DECEPTION - s240(1)(b) C.A.61 - PENALTY 7 years, 1 year, 3 mth

By any deception

R V MORLEY

And without claim of right
In incurring any debt OR Liability
Obtains Credit

FISHER V RAVEN

R V MCKAY

Answer 78

A

DECEPTION - s240(1)(c) C.A.61 - PENALTY 7 years, 1 year, 3 mth

By any deception

R V MORLEY

R V LAVERTY

And 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

Answer 79

A

DECEPTION - s240(1)(d) C.A.61 - PENALTY 7 years, 1 year, 3 mth

By any deception

R V MORLEY

R V LAVERTY

And without claim of right
Causes Loss to any person

R V MORLEY

Answer 80

A

False Representation

Must be false and the defendant must know or believe that it is false in a material particular, or be reckless whether it is false Absolute certainty is not required and wilful blindness as to the falsity of the statement will suffice

Answer 81

A

Intent to Deceive

Offender must know representation is false and intend other person to act upon it as genuine.

R v MORLEY

An intention to deceive requires that the deception is practised in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception

Answer 82

A

Claim of Right – Section 2 Crimes Act 1961

In relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.

Answer 83

A

Obtain - Section 217 Crimes Act 1961

In relation to any person means obtain or retain for him/her self or for any other person.

Answer 84

A

Possession

May be actual or constructive.

Answer 85

A

Actual Possession

Actual possession arises where the thing in question is in a person’s physical custody; it is on or about their person, or immediately at hand.

WARNER v MET POL COMMISSIONER

Ideal possession is:

Complete physical control
Knowledge of existence, situation, qualities.

Answer 86

A

Constructive Possession

Constructive possession arises when something is not in a person’s physical custody, but they have ready access to it or can exercise control over it.

SULLIVAN V EARL OF CAITHNESS

“[Possession includes} not merely those who have physical custody of firearms … but also those who have firearms under their control at their behest, even though for one reason or another they may be kept at [another location].”

Answer 87

A

CONTROL

To “control” something means to exercise authoritative or dominating influence or command over it

Answer 88

A

Property - Section 2, Crimes Act 1961

Property 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.

Answer 89

A

Privilege or Benefit

Special right or advantage.

Answer 90

A

Pecuniary advantage

Economic or monetary advantage.

R v HAYES

A pecuniary advantage is “anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage.”

Answer 91

A

Valuable Consideration:

Receiving compensation or a fee

R v HAYES

A valuable consideration is “anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or money’s worth”.

Answer 92

A

Value

Value must be established to determine max penalty.

Answer 93

A

Credit/OBLIGATION TO PAY

FISHER v RAVEN

Refers to the obligation on the debtor to pay or repay in the time given to do so by the creditor. The obligation to pay must be legally enforceable

R v MCKAY

Intention to deceive must exist when credit obtained.

Answer 94

A

Recklessness

A conscious and deliberate taking of an unjustifiable risk.

R v HARNEY

Recklessness involves foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk.

Answer 95

A

MATERIAL PARTICULAR

Prosecution must establish that the defendant knows or believes his representation is false in a material particular, or is reckless as to whether it is false. A minor detail may amount to a “material particular” if it is of consequence to the facts of the case.

Not defined in the Crimes Act given its usual meaning of an important, essential or relevant detail.

Answer 96

A

Document - Section 217 Crimes Act 1961

Includes part of a document in any form, and includes:

Paper/material containing anything that can be read
Photos, negatives and related items
Discs, tapes, cards or other devices/equipment on which information is stored and can be reproduced

R v MISIC

Essentially a document is a thing, which provides evidence or information or serves as a record.

Answer 97

A

LOSS

Is likely to include financial and property losses and may also encompass emotional, cultural and intellectual losses. This term is broad and encompassing. It may include financial or non-financial loss.

R v MORLEY

“The loss alleged by the victim must have been induced by, or caused in reliance, upon the deception. But the deception need not be the only operative factor, so long as it played a material part in occasioning the loss.”

Answer 98

A

Dishonestly - Section 217, Crimes Act 1961

In relation to an act or omission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.

R v HAYES

The question is whether the belief is actually held, not whether that belief is reasonable. However, reasonableness may be relevant as evidence on the issue of whether the belief was actually held:

Answer 99

A

Takes – Section 219(4) Crimes Act 1961

For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.

Answer 100

A

Uses

“Use” can include a single action such as the handing over of a document to it’s intended recipient or the continuing use of a document.

R v HAYES

Unsuccessful use of a document is as much “use” as a successful one. The concept of attempt relates to the use not to the obtaining of advantage therefore it may be difficult to draw a line between use and attempted use.

Answer 101

A

Attempts – Section 72, Crimes Act 1961

Everyone who, having an attempt to commit an offence does or omits an act for the purpose of accomplishing his object, is guilty of an offence to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

Answer 102

A

Concept of title

“Title” is not defined in the Crimes Act 1961. The Concise Oxford Dictionary defines title as ‘a right or claim to the ownership of property’. Title simply means a legal right to the property.

Answer 103

A

Dishonesty other than deceit

There is a difference between theft and obtaining by deceit. A thief never gets title. Deception or inducement causing another to hand over goods with the intention of passing on title does.

Answer 104

A

Voidable title

A title obtained by deception, fraud, duress or misrepresentation is called a voidable title. This means that the title can be avoided by the seller.

Answer 105

A

R v MORLEY

The intention to deceive requires that the deception be practiced in order to deceive the affected party. Purposeful intent must exist at the time of the deception

Answer 106

A

R v HAYES

A pecuniary advantage is “anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage.”

Answer 107

A

R v HAYES

A valuable consideration is “anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or money’s worth”.

Answer 108

A

FISHER v RAVEN

Refers to the obligation on the debtor to pay or repay in the time given to do so by the creditor. The obligation to pay must be legally enforceable

Answer 109

A

R v MCKAY

Intention to deceive must exist when credit obtained.

Answer 110

A

R V LAVERTY

It is necessary for the prosecution to prove that the person parting with the property was induced to do so by the false representation made

Answer 111

A

R V MORLEY

“The loss alleged by the victim must have been induced by, or caused in reliance, upon the deception. But the deception need not be the only operative factor, so long as it played a material part in occasioning the loss.”

Answer 112

A

Import/Export Controlled Drug

s6(1)(a) Misuse of Drugs Act 1975 - PENALTY Life/14 years/8Years

Imports OR Exports

SAXTON v POLICE

R v HANCOX

R v STRAWBRIDGE

Any Controlled Drug

R v EMERALI

Into NZ OR out of NZ

Answer 113

A

Produce/Manufacture Controlled Drug

s6(1)(b) Misuse of Drugs Act 1975 - PENALTY Life/14 years/8Years

Produce OR manufacture

R v RUA

R v STRAWBRIDGE

Any Controlled Drug

R v EMERALI

Answer 114

A

SUPPLY ADMINISTER/OFFER TO SUPPLY OR ADMINISTER CLASS A/B CONTROLLED DRUG

s6(1)(c) Misuse of Drugs Act 1975 - PENALTY Life/14 years

Supplies OR Administers OR Offers to Supply/Administer OR otherwise deals

R v MAGINNIS

R v DONALD

R v KNOX

BLACK LAW’S DICTIONARY

R v DURING

R v BROWN x 2

Class A/B controlled Drug

POLICE V EMERALI

R v STRAWBRIDGE

To any person

Answer 115

A

SUPPLY CLASS C CONTROLLED DRUG TO PERSON UNDER 18 YEARS

s6(1)(d) Misuse of Drugs Act 1975 - PENALTY 8 years

Supplies OR Administers OR Offers to Supply/Administer OR otherwise deals

R v MAGINNIS

R v DONALD

R v KNOX

BLACK LAW’S DICTIONARY

R v DURING

R v BROWN

Class C controlled Drug

POLICE V EMERALI

R v STRAWBRIDGE

To person under 18 years of age

R v FORREST AND FORREST

Answer 116

A

SELL/OFFER TO SELL CLASS C CONTROLLED DRUG TO PERSON OF OR OVER 18 YEARS

s6(1)(e) Misuse of Drugs Act 1975 - PENALTY 8 years

Sells OR Offers to Sell

R v STRAWBRIDGE

R v DURING

R v BROWN

Class C controlled drug

POLICE V EMERALI

To a person of or over 18 years of age

R v FORREST AND FORREST

Answer 117

A

POSSESSION OF CONTROLLED DRUG FOR SUPPLY

s6(1)(f) Misuse of Drugs Act 1975 - PENALTY 8 years

Possession of

WARNER v METROPOLITION POLICE COMMISSIONER

SULLIVAN V EARL OF CAITHNESS

Any controlled drug
For any of the purposes set out in paragraph (c), (d) or (e)

POLICE V EMERALI

R V STRAWBRIDGE

Answer 118

A

s6(2A) Misuse of Drugs Act 1975

(2A) Everyone who conspires with any other person to commit an offence against subsection (1) of this section commits an offence against this Act and is liable on conviction to imprisonment for a term:

Not exceeding 14 years where a class A controlled drug was the controlled drug or one of the controlled drugs in relation to which the offences was committed.
Not exceeding 10 years where paragraph (a) of this subsection does not apply but a Class B controlled drug was the controlled drug or one of the controlled drugs in relation to which the offences was committed.
Not exceeding 7 years in any other case.

Answer 119

A

Section 12A(1) Misuse of Drugs Act 1975

Equipment, material, and substances used in production or cultivation of controlled drugs

(1) Every person commits an offence against this Act who supplies, produces, or manufactures—
(a) Any equipment or material that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or section 9 ; or
(b) Any precursor substance — Knowing that the equipment, material, or substance is to be used in, or for, the commission of an offence against those provisions

What must be proven?

The defendant has supplied, produced or manufactured equipment, material or precursors;
Those items are capable of being used in the production or manufacture of controlled drugs or the cultivation of prohibited plants;
That the defendant knows those items are to be used for such an offence by another person

Answer 120

A

Section 12A(2) Misuse of Drugs Act 1975

(2) Every person commits an offence against this Act who has in his or her possession—
(a) Any equipment or material that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or section 9 ; or
(b) Any precursor substance— with the intention that the equipment, material, or substance is to be used in, or for, the commission of an offence against that provision

What must be proven?

The defendant has equipment, material or precursors in his possession;
The items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants
The defendant intends that those items are to be used for such an offence, either by himself or another person

(3) Every person who commits an offence against this section is liable on conviction;
(a) In the case of an offence against subsection (1), to imprisonment for a term not exceeding 7 years:
(b) In the case of an offence against subsection (2), to imprisonment for a term not exceeding 5 years.

Answer 121

A

What must be proven for importation (Mens Rea)?

The crown must prove that the defendant’s conduct contributed to the importation of the drug. It must also prove guilty knowledge, i.e. the defendant;

Knew about the importation; and
Knew the imported substance was a controlled drug; and
Intended to cause the importation

Answer 122

A

Imports - Section 2 Customs & Excise Act 1996

In relation to any goods, means the arrival of goods into New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand.

Answer 123

A

Exports - Section 53 Customs & Excise Act 1996

For the purposes of this Act, the time of exportation is the time when the exporting craft leaves the last Customs place at which that craft calls immediately before proceeding to a point outside New Zealand.

Answer 124

A

Must prove Guilty Knowledge

Prove that defendant;

Knew about the drug offending, and
Knew the substance was a controlled drug, and
Intended to cause the drug offending.

R V STRAWBRIDGE

If the accused honestly believed on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.

Answer 125

A

Controlled Drug - Section 2, MODA 1975

Any substance, preparation, mixture or article specified or described in schedule 1,2 or 3 to this Act and includes any controlled drug analogue.

R V EMERALI

In any drug offence the quantity of drug involved must be measurable and useable.

Answer 126

A

Controlled Drug Analogue - Section 2, MODA 1975

Any substance that has a structure substantially similar to that of any controlled drug. There are some exceptions.

R V EMERALI

In any drug offence the quantity of drug involved must be measurable and useable.

Answer 127

A

Produce

To bring something into being, or to bring something into existence from it’s raw materials or elements.

Answer 128

A

Manufacture

The process of synthesis, combining components or processing raw materials to create a new substance.

R v RUA

The statute is not intended to create separate crimes of producing and manufacturing a controlled drug. Rather, we are inclined to the view that the use of the words ‘produce or manufacture’ are to be read as complementary and to broadly cover the process of the creation of controlled drugs.

Answer 129

A

Complete

Offence is complete once the prohibited substance is created, whether or not it is in a useable form.

Answer 130

A

Possession

Possession may be actual or constructive.

Answer 131

A

Actual Possession

Actual possession arises where the thing in question is in a person’s physical custody; it is on or about their person, or immediately at hand.

WARNER v METROPOLITION POLICE COMMISSIONER

The term “possession” must be given a sensible and reasonable meaning in its context. Ideally, a possessor of a thing has:

Complete physical control over it
Knowledge of its existence, its situation and its qualities

Answer 132

A

Constructive Possession

Constructive possession arises when something is not in a person’s physical custody, but they have ready access to it or can exercise control over it.

SULLIVAN V EARL OF CAITHNESS

“[Possession includes} not merely those who have physical custody of firearms … but also those who have firearms under their control at their behest, even though for one reason or another they may be kept at [another location].”

Answer 133

A

Possession - Section 2(2), Misuse of Drugs Act 1975

For the purposes of this Act, the things which a person has in his possession include any thing subject to his control which is in the custody of another.

Answer 134

A

Supply - Section 2, MODA 1975

Includes to distribute, give or sell.

Distribution is complete when the defendant has done all that is necessary to accomplish delivery of the drug to others.

R v MAGINNIS

Supply involves more than a mere transfer of physical control, it includes enabling the recipient to apply the thing to purposes for which he desires.

R v DONALD

“The distribution of … jointly owned property amongst its co-owners …” is caught within the meaning of supply.

R v KNOX

Giving includes giving back

Answer 135

A

Administer

BLACK LAW’S DICTIONARY

In the context of drug dealing, the appropriate meaning of “administer” is to direct and cause a drug to be taken into the system of another person.

Answer 136

A

Sell

A quantity or share in a drug is exchanged for some valuable consideration.

Answer 137

A

Presumption of Sale – Section 6(5) MODA 1975

For the purposes of Section 6(1)(e), if proved that a person has supplied a controlled drug it shall be deemed to have been sold unless proved to the contrary.

Offers

R v DURING

Intimation to another person that he’s ready on request to supply drugs prohibited by the statute, to them.

R v BROWN

have drug/intend to supply/offer to sell
dont have drug/intend to get/offer to sell
think have drug but dont/offer to sell
pretend to have/offer to sell

Answer 138

A

Otherwise deals

Includes bartering or exchanging.

Answer 139

A

Purpose

In this context can be equated to aim or intention.

(c) Supply or administer, or offer to supply or administer, any Class A controlled drug or Class B controlled drug to any other person, or otherwise deal in any such controlled drug; OR
(d) Supply or administer, or offer to supply or administer, any Class C controlled drug to a person under 18 years of age; OR
(e) Sell, or offer to sell, any Class C controlled drug to a person of or over 18 years of age;

Answer 140

A

R V STRAWBRIDGE

If the accused honestly believed on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.

Answer 141

A

R V EMERALI

In any drug offence the quantity of drug involved must be measurable and useable.

Answer 142

A

R v RUA

The statute is not intended to create separate crimes of producing and manufacturing a controlled drug. Rather, we are inclined to the view that the use of the words ‘produce or manufacture’ are to be read as complementary and to broadly cover the process of the creation of controlled drugs.

Answer 143

A

R v MAGINNIS

Supply involves more than a mere transfer of physical control, it includes enabling the recipient to apply the thing to purposes for which he desires.

Answer 144

A

R v DURING

Intention is that the person will believe a real offer has been made.

Answer 145

A

R v BROWN

have drug/intend to supply/offer to supply
dont have drug/intend to get/offer to supply
think have drug but dont/offer to supply
pretend to have drug/offer to supply

Answer 146

A

DISCHARGES FIREARM WITH INTENT TO DO GBH

s198(1)(a) CA1961 - 14 Years

With intent to do GBH

R v MOHAN

R v WAAKA

DPP V SMITH

Discharges any Firearm OR Airgun OR Similar weapon
At any person

R v PEKEPO

Answer 147

A

DOING A DANGEROUS ACT WITH INTENT

s198(1)(b) CA1961 - 14 Years

With intent to cause GBH

R v MOHAN

R v WAAKA

DPP V SMITH

Sends or delivers to any person OR puts in any place
Any explosive OR Injurious substance or device

Answer 148

A

DOING A DANGEROUS ACT WITH INTENT

s198(1)(c) CA1961 - 14 Years

With intent to cause GBH

R v MOHAN

R v WAAKA

DPP V SMITH

Sets fire to
To any property

Answer 149

A

DISCHARGES A FIREARM WITH INTENT TO INJURE s198(2)(a) CA1961 - 7 Years

With intent to

R v MOHAN

R v WAAKA

Injure

R v DONOVAN

Any person
OR with reckless disregard for the safety of others

R v HARNEY

Discharges any Firearm OR Airgun OR Similar weapon

R v PEKEPO

Answer 150

A

DOING A DANGEROUS ACT WITH INTENT

s198(2)(b) CA1961 - 7 Years

With intent to

R v MOHAN

R v WAAKA

Injure

R v DONOVAN

Any person
OR with reckless disregard for the safety of others

R v HARNEY

Sends or delivers to any person OR puts in any place
Any explosive OR Injurious substance or device

Answer 151

A

DOING A DANGEROUS ACT WITH INTENT

s198(2)(c) CA1961 - 7 Years

With intent to

R v MOHAN

R v WAAKA

Injure

R v DONOVAN

Any person
OR with reckless disregard for the safety of others

R v HARNEY

Sets fire to
To any property

Answer 152

A

USES A FIREARM AGAISNT A LAW ENFORCEMENT OFFICER ETC

s198A(1) CA1961 - 14 Years

Uses a firearm in any manner whatever

POLICE v PARKER

Against any Constable, acting in the course of his or her duty
Knowing that the person is a constable so acting OR Being reckless to whether or not that person is constable so acting

SIMESTER & BROOKBANKS

R V HARNEY

Answer 153

A

USES A FIREARM AGAISNT A LAW ENFORCEMENT OFFICER ETC

Section 198A(2) CA1961 - 10 Years

Uses a firearm in any manner whatever

POLICE v PARKER

With intent to resist the lawful arrest OR Detention of himself or Any other person

R v MOHAN

R v WAAKA

R v FISHER

Answer 154

A

USES A FIREARM AGAISNT A LAW ENFORCEMENT OFFICER ETC

s198B(1)(a) CA1961 - 10 Years

In committing any imprisonable offence
Uses any Firearm

Answer 155

A

COMMISSION OF A CRIME WITH A FIREARM

s198B(1)(b) CA1961 - 10 Years

While committing any imprisonable offence
Has any firearm with him or her

R v KELT

In circumstances that prima facie show an intention to use it in connection with that imprisonable offence

TULI V POLICE

R v MOHAN

R v WAAKA

Answer 156

A

COMMITING

Must be in the commission of committing a crime

Answer 157

A

An imprisonable offence

Normal meaning – any offence punishable by a term of imprisonment

Answer 158

A

Firearm - Section 2, Arms Act 1983

Anything from which any shot, bullet, missile or other projectile can be discharged by force of explosive.

Includes:

Anything capable of doing so by adaption, completion, replacement of parts or repair of defect.
Any dismantled firearm.
Any especially dangerous airgun.

Answer 159

A

Airgun - Section 2, Arms Act 1983

Airgun includes any air rifle and any air pistol and any weapon from which, by the use of gas or compressed air (and not by force of explosive), any shot bullet, missile or other projectile can be discharged.

Answer 160

A

Explosive – Section 2, Arms Act 1983

Any substance or mixture or combination of substances which in its normal state is capable of either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect eg gun powder, gelignite.

Answer 161

A

Constable - Section 4, Police Act 2008

means a Police employee who—

(a) holds the office of constable (whether appointed as a constable under the Police Act 1958 or this Act); and
(b) includes a constable who holds any level of position within the New Zealand Police

Answer 162

A

Acting in the course of their duty

The term includes every lawful act which a constable does while on duty, and may include acts done where the circumstances create a professional obligation for a Constable to exercise policing duties while off duty.

However, an officer who is acting unlawfully, cannot be said to be “acting in the course of his or her duty.”

Answer 163

A

Knowing that the person is a constable so acting –

The accused must know the victim is a police officer and know that the officer is acting in the course of his or her duty, or be reckless as to those facts.

SIMESTER & BROOKBANKS

Knowing means correctly believing. The defendant may believe something wrongly, but cannot know something that is false.

Answer 164

A

Intent

A person does something intentionally if they mean to do it, they desire a specific result and act with the aim or purpose of achieving it.

R v MOHAN

Intent involves a decision to bring about in so far as it lies within the accused power, the commission of the offence.

R v WAAKA

A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act.

Answer 165

A

Reckless Disregard

While it is necessary to prove that the defendant foresaw the risk of injury to others, it is not necessary that he recognized the extent of the injury that would result.

R V MOWATT

It is quite unnecessary that the accused should have foreseen that his unlawful act might cause physical harm of the gravity described in the section, i.e. a wound or serious physical injury. Foresight “that some physical harm to some person, albeit of a minor character, might result” is all that is required.

Answer 166

A

Injure – Section 2, Crimes Act 1961

To injure means to cause actual bodily harm.

R V DONOVAN

Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but must be more than merely transitory or trifling.

Answer 167

A

Grievous Bodily Harm

GBH can be defined simply as harm that is really serious.

DPP V SMITH

‘Bodily harm’ needs no explanation, ‘grievous’ means no more and no less than ‘really serious’.

Answer 168

A

Uses

The primary meaning of “use” is to fire it.

Answer 169

A

Uses in any manner whatever

Can be used as a weapon in any way, including as a club.

POLICE v PARKER

Uses in any manner is to contemplate a situation short of actually firing the weapon and to present a rifle is equivalent to or means the same thing.

R V SWAIN

To use in any manner includes taking the firearm from a bag the offender has with him.

Answer 170

A

Has With Him

Must knowingly have the firearm with him.

R V KELT

Having firearm with him requires a very close physical link and a degree of immediate control over the weapon.

Answer 171

A

DPP V SMITH’Bodily harm’ needs no explanation, ‘grievous’ means no more and no less than ‘really serious’.

Answer 172

A

R v PEKEPOA reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient proof. An intention to shoot that person must be established.

Answer 173

A

R V DONOVANBodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but must be more than merely transitory or trifling.

Answer 174

A

R V HARNEYRecklessness involves foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk.

Answer 175

A

POLICE v PARKERUse in any manner whatever is to contemplate a situation short of actually firing the weapon and to present a rifle is equivalent to or means the same thing.

Answer 176

A

R V KELTHaving firearm with him requires a very close physical link and a degree of immediate control over the weapon.

Answer 177

A

TULI V POLICEPrima facie circumstances are those which are sufficient to show or establish intent in the absence of evidence to the contrary.

Answer 178

A

Homicide defined

The following sections of the Crimes Act 1961 define key aspects of homicide offences.

158 Homicide defined

Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever. Homicide must be culpable to be an offence however, in cases of:

Manslaughter; an organisation can be convicted as a party to the offence (section 66(1)) Murder, an organisation cannot be convicted as either a principal offender or a party to the offence. This is because the offence carries a mandatory life sentence.

Murray Wright Ltd

Because the killing must be done by a human being, an organisation (such as a hospital or food company) cannot be convicted as a principal offender:

Answer 179

A

159 Killing of a child

A child becomes a human being within the meaning of this Act when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, whether it has an independent circulation or not, and whether the navel string is severed or not.

The killing of such child is homicide if it dies in consequence of injuries received before, during, or after birth.

Answer 180

A

160 Culpable homicide

(1) Homicide may be either culpable or not culpable.
(2) Homicide is culpable when it consists in the killing of any person—

By an unlawful act; or
By an omission without lawful excuse to perform or observe any legal duty; or
By both combined; or
By causing that person by threats or fear of violence, or by deception, to do an act which causes his death; or
By wilfully frightening a child under the age of 16 years or a sick person.

(3) Except as provided in section 178 of this Act, culpable homicide is either murder or manslaughter.
(4) Homicide that is not culpable is not an offence.

Answer 181

A

s160(2)(a) By unlawful act:

The term “unlawful act” is defined in the section 2 of the Crimes Act 1961 as follows:

Unlawful Act – means a breach of any Act, regulation, rule, or bylaw.

R v Myatt

[Before a breach of any Act, regulation or bylaw would be an unlawful act under s 160 for the purposes of culpable homicide] it must be an act likely to do harm to the deceased or to some class of persons of whom he was one.

Answer 182

A

s160(2)(b) Omission to perform legal duty:

Culpable homicide includes any death caused by an omission, without lawful excuse, to perform or observe any legal duty as defined by s160(2)(b).

Duties imposed by statute are mainly common law duties that have been embodied in statute. The Crimes Act 1961 defines duties to:

· provide the necessaries and protect from injury (s151)

· provide necessaries and protect from injury to your charges when you are a parent or guardian (s152)

provide necessaries as an employer (s153)
use reasonable knowledge and skill when performing dangerous acts, such as surgery (s155)
take precautions when in charge of dangerous things, such as machinery (s156)
avoid omissions that will endanger life (s157).

Answer 183

A

s160(2)(c) Unlawful acts and omission of duty:

Sometimes both unlawful acts and the omission to perform a legal duty are applicable to the same act. For example, to drive a car so recklessly that you kill a pedestrian is both an unlawful act and an omission to observe your duty to take precautions when you are in charge of a dangerous thing (s156).

Answer 184

A

Threats, fear of violence and deception: s160(2)(d)

A person is guilty of culpable murder if they cause the victim by threats, fear of violence or deception to do an act that results in the victim’s death. You must prove that the fear of violence was well founded, but you do not need to show that the deceased’s action was the only means of escape.

R v Tomars

Formulates the issues in the following way:

Was the deceased threatened by, in fear of or deceived by the defendant?
If they were, did such threats, fear or deception cause the deceased to do the act that caused their death?
Was the act a natural consequence of the actions of the defendant, in the sense that reasonable and responsible people in the defendant’s position at the time could reasonably have foreseen the consequences?
Did these foreseeable actions of the victim contribute in a [significant] way to his death?

Examples of culpable homicide caused by actions prompted by threats, fear of violence or deception are when a person:

· jumps or falls out of a window because they think they are going to be

assaulted

· jumps into a river to escape an attack and drowns

· who has been assaulted and believes their life is in danger, jumps from a

train and is killed.

Answer 185

A

s160(2)(e) Frightening a child or sick person:

In this instance, the fright need not be a result of fear of violence as under s160(2)(d), but may be caused by any act that frightens the child or sick person, so long as it is done wilfully.

“Wilfully frightening” is regarded as “intending to frighten, or at least be reckless as to this”. Adams on Criminal Law

“Wilfully” here will require that the offender intended to frighten, or is at least subjectively reckless as to the risk of that. Mens rea should be interpreted as applying to all the elements in s160(2)(e), so that the defendant must at least have been aware of a real risk that the victim is under 16 or sick (Simester and Brookbanks, 3rd ed, Principles of Criminal Law, p541).

Answer 186

A

162 Death must be within a year and a day

(1) No one is criminally responsible for the killing of another unless the death takes place within a year and a day after the cause of death.
(2) The period of a year and a day shall be reckoned inclusive of the day on which the last unlawful act contributing to the cause of death took place.
(3) Where the cause of death is an omission to fulfil a legal duty, the period shall be reckoned inclusive of the day on which such omission ceased.
(4) Where death is in part caused by an unlawful act and in part by an omission, the period shall be reckoned inclusive of the day on which the last unlawful act took place or the omission ceased, whichever happened last.

Answer 187

A

163 Killing by influence on the mind

No one is criminally responsible for the killing of another by any influence on the mind alone, except by wilfully frightening a child under the age of 16 years or a sick person, nor for the killing of another by any disorder or disease arising from such influence, except by wilfully frightening any such child as aforesaid or a sick person.

Answer 188

A

164 Acceleration of death

Every one who by any act or omission causes the death of another person kills that person, although the effect of the bodily injury caused to that person was merely to hasten his death while labouring under some disorder or disease arising from some other cause.

Answer 189

A

165 Causing death that might have been prevented

Every one who by any act or omission causes the death of another person kills that person, although death from that cause might have been prevented by resorting to proper means.

R v Blaue

Those who use violence must take their victims as they find them.

Answer 190

A

166 Causing injury the treatment of which causes death

Every one who causes to another person any bodily injury, in itself of a dangerous nature, from which death results, kills that person, although the immediate cause of death be treatment, proper or improper, applied in good faith.

Answer 191

A

167 Murder defined

Culpable homicide is murder in each of the following cases:

(a) If the offender means to cause the death of the person killed:
(b) If the offender means to cause to the person killed any bodily injury that is known to

the offender to be likely to cause death, and is reckless whether death ensues or not:

(c) If the offender means to cause death, or, being so reckless as aforesaid, means to cause

such bodily injury as aforesaid to one person, and by accident or mistake kills another

person, though he does not mean to hurt the person killed:

(d) If the offender for any unlawful object does an act that he knows to be likely to cause

death, and thereby kills any person, though he may have desired that his object should be effected without hurting any one.

Answer 192

A

168 Further definition of murder

(1) Culpable homicide is also murder in each of the following cases, whether the offender means or does not mean death to ensue, or knows or does not know that death is likely to ensue:
1. (a) If he means to cause grievous bodily injury for the purpose of facilitating the

commission of any of the offences mentioned in subsection (2) of this section, or facilitating the flight or avoiding the detection of the offender upon the commission or attempted commission thereof, or for the purpose of resisting lawful apprehension in respect of any offence whatsoever, and death ensues from such injury:

(b) If he administers any stupefying or overpowering thing for any of the purposes aforesaid, and death ensues from the effects thereof:
(c) If he by any means wilfully stops the breath of any person for any of the purposes aforesaid, and death ensues from such stopping of breath.

Answer 193

A

172 Punishment of murder

(1) Every one who commits murder is liable to imprisonment for life.
(2) Subsection (1) is subject to section 102 of the Sentencing Act 2002.

Answer 194

A

Attempting to commit an offence

Section 72, Crimes Act 1961 Definition of attempts

(1) Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence

intended, whether in the circumstances it was possible to commit the offence or not. (2) The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.
(3) An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.

R v Murphy

When proving an attempt to commit an offence it must be shown that the accused’s intention was to commit the substantive offence. For example, in a case of attempted murder it is necessary for the Crown to establish an actual intent to kill:

R v Harpur

[The Court may] have regard to the conduct viewed cumulatively up to the point when the conduct in question stops … the defendant’s conduct [may] be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative.

Answer 195

A

s173 Attempt to murder

s173 creates a separate offence of attempted murder. With an attempt to murder charge, the Crown is responsible for establishing the mens rea and actus rea as set out in s72:

Answer 196

A

Punishment of attempted murder

173 Attempt to murder

Every one who attempts to commit murder is liable to imprisonment for a term not exceeding 14 years.

Answer 197

A

174 Counselling or attempting to procure murder

Every one is liable to imprisonment for a term not exceeding 10 years who incites, counsels, or attempts to procure any person to murder any other person in New Zealand, when that murder is not in fact committed.

Answer 198

A

175 Conspiracy to murder

Every one is liable to imprisonment for a term not exceeding 10 years who conspires or agrees with any person to murder any other person, whether the murder is to take place in New Zealand or elsewhere.
For the purposes of this section, the expression To murder includes to cause the death of another person out of New Zealand in circumstances that would amount to murder if the act were committed in New Zealand.

Answer 199

A

176 Accessory after the fact to murder

Every one is liable to imprisonment for a term not exceeding 7 years who is an accessory after the fact to murder.

The definition of an accessory after the fact is given in section 71(1) of the Crimes Act 1961

R v Mane

For a person to be an accessory the offence must be complete at the time of the criminal involvement. One cannot be convicted of being an accessory after the fact of murder when the actus reus of the alleged criminal conduct was wholly completed before the offence of homicide was completed.

Answer 200

A

177 Punishment of manslaughter

(1) Every one who commits manslaughter is liable to imprisonment for life. v

Answer 201

A

178 Infanticide

Where a woman causes the death of any child of hers under the age of 10 years in a manner that amounts to culpable homicide, and where at the time of the offence the balance of her mind was disturbed, by reason of her not having fully recovered from the effect of giving birth to that or any other child, or by reason of the effect of lactation, or by reason of any disorder consequent upon childbirth or lactation, to such an extent that she should not be held fully responsible, she is guilty of infanticide, and not of murder or manslaughter, and is liable to imprisonment for a term not exceeding 3 years.

Answer 202

A

179 Aiding and abetting suicide

Every one is liable to imprisonment for a term not exceeding 14 years who—

(a) Incites, counsels, or procures any person to commit suicide, if that person commits or

attempts to commit suicide in consequence thereof; or

(b) Aids or abets any person in the commission of suicide.

Answer 203

A

180 Suicide pact

(1) Every one who in pursuance of a suicide pact kills any other person is guilty of manslaughter and not of murder, and is liable accordingly.
(2) Where 2 or more persons enter into a suicide pact, and in pursuance of it one or more of them kills himself, any survivor is guilty of being a party to a death under a suicide pact contrary to this subsection and is liable to imprisonment for a term not exceeding 5 years; but he shall not be convicted of an offence against section 179 of this Act.
(3) For the purposes of this section the term suicide pact means a common agreement between 2 or more persons having for its object the death of all of them, whether or not each is to take his own life; but nothing done by a person who enters into a suicide pact shall be treated as done by him in pursuance of the pact unless it is done while he has the settled intention of dying in pursuance of the pact.

Answer 204

A

181 Concealing dead body of child

Every one is liable to imprisonment for a term not exceeding 2 years who disposes of the dead body of any child in any manner with intent to conceal the fact of its birth, whether the child died before, or during, or after birth.

Answer 205

A

WHERE BODY IS NOT LOCATEDR V HORRY Death should be provable by such circumstances as render it morally certain and leave no ground for reasonable doubt – that the circumstantial evidence should be so cogent and compelling as to convince a jury that upon no rational hypothesis other than murder can the facts be accounted for.

Answer 206

A

R v Tomars

Formulates the issues in the following way:

Was the deceased threatened by, in fear of or deceived by the defendant?
If they were, did such threats, fear or deception cause the deceased to do the act that caused their death?
Was the act a natural consequence of the actions of the defendant, in the sense that reasonable and responsible people in the defendant’s position at the time could reasonably have foreseen the consequences? as
Did these foreseeable actions of the victim contribute in a [significant] way to his death?

Answer 207

A

Murray Wright Ltd

Because the killing must be done by a human being, an organisation (such as a hospital or food company) cannot be convicted as a principal offender:

Answer 208

A

R v Myatt

[Before a breach of any Act, regulation or bylaw would be an unlawful act under s 160 for the purposes of culpable homicide] it must be an act likely to do harm to the deceased or to some class of persons of whom he was one.

Answer 209

A

R v Horry

Death should be provable by such circumstances as render it morally certain and leave no ground for reasonable doubt – that the circumstantial evidence should be so cogent and compelling as to convince a jury that upon no rational hypothesis other than murder can the facts be accounted for.

Answer 210

A

R v Murphy

When proving an attempt to commit an offence it must be shown that the accused’s intention was to commit the substantive offence. For example, in a case of attempted murder it is necessary for the Crown to establish an actual intent to kill:

Answer 211

A

R v Harpur

[The Court may] have regard to the conduct viewed cumulatively up to the point when the conduct in question stops … the defendant’s conduct [may] be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative.

Answer 212

A

R v Mane

For a person to be an accessory the offence must be complete at the time of the criminal involvement. One cannot be convicted of being an accessory after the fact of murder when the actus reus of the alleged criminal conduct was wholly completed before the offence of homicide was completed.

Answer 213

A

R v Blaue

Those who use violence must take their victims as they find them.

Answer 214

A

Party – Section 66(1) Crimes Act 1961

Everyone is party to and guilty of an offence who:

Actually commits the offence; or
Does or omits an act for the purpose of aiding a ny person to commit the offence; or
Abets any person in the commission of the offence; or
Incites, counsels or procures any person to commit the offence.

Where 2 or more persons form a common intention to prosecute any unlawful purpose, and to assist each other therein, each of them is a party to every offence committed by any one of then in the prosecution of the common purpose if the commission of that offence was known to be a probable consequence of the prosecution of the common purpose.

Answer 215

A

R V PENE - Intention to help or encourage must exist A party must intentionally help or encourage - it is insufficient if they were reckless as to whether the principal was assisted or encouraged.

Answer 216

A

R V RENATA - Multiple offenders Three offenders beat the victim to death in the car park of a tavern. The prosecution was unable to establish which blow was the fatal one or which of the three offenders administered it. The court held that where the principal offender cannot be identified, it is sufficient to prove that each individual accused must have been either the principal or a party in one of the ways contemplated by s66(1).

Answer 217

A

LARKINS V POLICE - Actual proof of assistance is required While it is unnecessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance. The mere commission of an act intended to have that effect is insufficient. Absence of knowledge by the principal that he is being assisted removes a common foundation for a finding of actual assistance, namely that the principal was able to proceed with his enterprise with the additional confidence gained because his accomplice was on the lookout for unwanted intervention.

Answer 218

A

ASHTON V POLICE - Legal duty An example of a secondary party owing a legal duty to a third person or to the general public is a person teaching another person to drive. That person is, in New Zealand, under a legal duty to take reasonable precautions, because under s156 of the Crimes Act 1961 he is deemed to be in charge of a dangerous thing.

Answer 219

A

R V RUSSELL - Special relationship The accused was charged with the murder of his wife and two sons. Following an argument between the accused and his wife, the wife, in the presence of the accused, allegedly jumped into a swimming pool with both children, drowning them all. The accused failed to render assistance to his wife or their children. The court held that the accused was morally bound to take active steps to save his children, but by his deliberate abstention from so doing, and by giving the encouragement and authority of his presence and approval to his wife’s act he became an aider and abettor and thus a secondary offender.

Answer 220

A

R V BETTS AND RIDLEY – Common Intention An offence where no violence is contemplated and the principal offender in carrying out the common aim uses violence, a secondary offender taking no physical part in it would not be held liable for the violence used.

Answer 221

A

RECEIVING - Section 246(1) C.A.61 - PENALTY 7 years, 1 year, 3 Mth

Receives

WARNER v METROPOLITION POLICE COMMISSIONER

SULLIVAN V EARL OF CAITHNESS

R v DONNELLY

Any property

R v LUCINSKY

Stolen OR Obtained by any other imprisonable offence
Knowing that property to have been stolen or so obtained OR Being reckless as to whether or not the property has been stolen or so obtained

R V KENNEDY

Simester and Brookbanks: Principals of Criminal Law

R v HARNEY

Answer 222

A

Punishment of Receiving s247 CA61

Every person who is guilty of receiving is liable as follows:

If the value of the property received exceeds $1,000, to imprisonment for a term not exceeding 7 years:
If the value of the property received exceeds $500 but does not exceed the sum of $1,000, to imprisonment for a term not exceeding 1 year:
If the value of the property received does not exceed $500, to imprisonment for a term not exceeding 3 months.

Answer 223

A

RECEIVES SECTION 246(3), CRIMES ACT 1961 (3) The act of receiving any property stolen or obtained by any other imprisonable offence is complete as soon as the offender has, either exclusively or jointly with the thief or any other person, possession of, or control over, the property or helps in concealing or disposing of the property.

Answer 224

A

POSSESSIONPossession may be actual or constructive.

Answer 225

A

ACTUAL POSSESSION Actual possession arises where the thing in question is in a person’s physical custody; it is on or about their person, or immediately at hand.WARNER v METROPOLITION POLICE COMMISSIONERThe term “possession” must be given a sensible and reasonable meaning in its context. Ideally, a possessor of a thing has:• Complete physical control over it• Knowledge of its existence, its situation and its qualities

Answer 226

A

CONSTRUCTIVE POSSESSION Constructive possession arises when something is not in a person’s physical custody, but they have ready access to it or can exercise control over it. SULLIVAN V EARL OF CAITHNESS “[Possession includes} not merely those who have physical custody of firearms … but also those who have firearms under their control at their behest, even though for one reason or another they may be kept at [another location].”

Answer 227

A

RECKLESSNESSConsciously and deliberately taking an unjustifiable risk.R v HARNEYRecklessness involves foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk.

Answer 228

A

PROPERTY - Section 2, Crimes Act 1961Includes any real or personal property. Any estate or interest in any real or personal property. Anything in action. Any other right of interest.R v LUCINSKYProperty received must be property stolen or obtained by a crime. The property or part of it.

Answer 229

A

OBTAINS - Sec. 217, Crimes Act 1961Means obtains or retains for himself or herself or for any other person.

Answer 230

A

GUILTY KNOWLEDGESIMESTER AND BROOKBANKS: PRINCIPALS OF CRIMINAL LAWKnowing means “correctly believing” … the defendant may believe something wrongly, but cannot “know” something that is false.R V KENNEDY A guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of receiving

Answer 231

A

VALUE OF THE PROPERTYThe property value is essential to the sentence as per s247, CA 1961.

Answer 232

A

Concept of title

“Title” is not defined in the Crimes Act 1961. The Concise Oxford Dictionary defines title as ‘a right or claim to the ownership of property’. Title simply means a legal right to the property.

Answer 233

A

R v KENNEDY - IntentThe prosecution must prove intent on the part of the receiver to possess the property.

Answer 234

A

R v KENNEDY – guilty knowlegdeThe guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of receiving.

Answer 235

A

WARNER v METROPOLITAN POLICE COMMISSIONER – ideal possessionIdeally, a possessor of a thing has complete physical control over it; he has knowledge of its existence, its situation and its qualities; he has received it from a person who intends to confer possession of it, and he has himself the intention to possess it exclusively of others.

Answer 236

A

SULLIVAN v EARL OF CAITHNESS – constructive possession Possession includes “not merely those who have physical custody of firearms … but also those who have firearms under their control at their behest, even though for one reason or another they may be kept at [another location].”

Answer 237

A

R v LUCINSKY – property stolen/illegally obtainedThe property received must be the property stolen or illegally obtained (or part thereof), and not some other item for which the illegally obtained property had been exchanged or which are the proceeds.

Answer 238

A

R v HARNEY - recklessness“[Recklessness involves] foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.”

Answer 239

A

R v DONNELLY – stolen property returnedWhere stolen property has been physically recovered by the Police, it is legally impossible to commit the crimes of receiving or attempted receiving in respect of it, although there may be evidence of conspiring to receive property dishonestly obtained.

Answer 240

A

ROBBERY s234 CA61 – Penalty 10 years

Theft

R V SKIVINGTON.

R V LAPIER

WARNER v METROPOLITION POLICE COMMISSIONER

SULLIVAN V EARL OF CAITHNESS

Accompanied by violence OR threats of violence

R V MAIHI

PENEHA v POLICE

R v BROUGHTON

To any person OR property
Used to extort the property stolen OR to prevent or overcome resistance to it being stolen

Answer 241

A

AGGRAVATED ROBBERY s235(a) CA61 – Penalty 14 years

Robs
Any person
And at the time OR immediately before OR immediately after
Causes GBH

DPP V SMITH

To any person

Answer 242

A

AGGRAVATED ROBBERY s235(b) CA61 – Penalty 14 years

Being together with any other person

R v JOYCE

R v GALEY

Robs
Any person

Answer 243

A

AGGRAVATED ROBBERY s235(c) CA61 – Penalty 14 years

Being armed with an offensive weapon OR Instrument OR anything appearing to be such and offence weapon or instrument

R v BENTHAM

Robs
Any person

Answer 244

A

ASSAULT WITH INTENT TO ROB s236(1)(a) CA61 – Penalty 14 years

With intent

R v MOHAN

R v WAAKA

To rob
Any person
Causes GBH to

DPP v SMITH

That person or any other person

Answer 245

A

ASSAULT WITH INTENT TO ROB s236(1)(b) CA61 – Penalty 14 years

With intent

R v MOHAN

R v WAAKA

To rob
Any person
Being armed with an offensive weapon OR Instrument OR anything appearing to be such and offence weapon or instrument

R v BENTHAM

Assaults
That person or any other person

Answer 246

A

ASSAULT WITH INTENT TO ROB s236(1)(c) CA61 – Penalty 14 years

With intent

R v MOHAN

R v WAAKA

To rob
Any person
Being together with any other person

R v JOYCE

R v GALEY

Assaults
That person or any other person

Answer 247

A

Demanding with intent to steal, etc s239 CA 1961

Every one is liable to imprisonment for a term not exceeding 14 years who:

without claim of right,
by force or with any threat,
compels any person to
execute OR make OR accept OR endorse OR alter OR destroy
any document
capable of conferring
a pecuniary advantage with
intent to obtain any benefit.

Every one 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.

Answer 248

A

WOUNDING WITH INTENT TO CAUSE GBH s188(1) CA61 – 14 years

With intent

R v MOHAN

R v WAAKA

R v TAISALIKA

To cause GBH

DPP v SMITH

To anyone
Wounds OR maims OR Disfigures OR Causes GBH

R v WATERS

Q v RAPANA & MURRAY

DPP v SMITH

To any person

Answer 249

A

WOUNDING WITH INTENT TO INJURE s188(2) CA61 – 7 years

With intent

R v MOHAN

R v WAAKA

R v TAISALIKA

To injure OR with reckless disregard for the safety of others

R v DONOVAN

R v HARNEY

Wounds OR maims OR Disfigures OR Causes GBH

R v WATERS

Q v RAPANA & MURRAY

DPP v SMITH

To any person

Answer 250

A

INJURING WITH INTENT TO CAUSE GBH s189(1) CA61 – 10 years

With intent

R v MOHAN

R v WAAKA

R v TAISALIKA

To cause GBH

DPP v SMITH

To any person
Injures

R v DONOVAN

To any person

Answer 251

A

INJURING WITH INTENT TO INJURE s189(2) CA61 – 5 years

With intent to

R v MOHAN

R v WAAKA

R v TAISALIKA

Injure OR with reckless disregard for the safety of others

R v DONOVAN

R v HARNEY

Injures

R v DONOVAN

To any person

Answer 252

A

AGGRAVATED WOUNDING s191(1)(a) or (b) or (c) CA61 – 14 years

With intent to

R v MOHAN

R v WAAKA

R v TIHI

To commit OR facilitate the commission of any imprisonable offence OR
To avoid the detection of himself or any other person in the commission of any imprisonable offence OR
To avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offence

R v WATI

R v STRUM

Wounds OR maims OR disfigures OR causes GBH OR stupefies OR renders unconscious OR by any violent means renders incapable of resistance

R v WATERS

Q v RAPANA & MURRAY

DPP v SMITH

R v STRUM

R v CROSSAN

Any person

Answer 253

A

AGGRAVATED WOUNDING s191(2) CA61 – 7 years

Every one is liable to imprisonment for a term not exceeding 7 years who:

with any such intent as aforesaid (1)
injures
any person.

Answer 254

A

THEFT - Section 219(1), Crimes Act 1961

Dishonestly
without claim of right
takes
any property
with intent to
deprive any owner permanently of that property or of any interest in that property.
Theft is complete the moment the item is moved with the intent to steal it.

R V SKIVINGTON

“Larceny [or theft] is an ingredient of robbery, and if the honest belief that a man has a claim of right is a defence to larceny, then it negatives one of the ingredients in the offence of robbery, without proof of which the full offence is not made out.”

R V LAPIER

Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.

Answer 255

A

PROPERTY - s2, Crimes Act 1961Property includes real and personal property, and any estate or interest in any real or personal property, [money, electricity,] and any thing in action and any other right or interest.

Answer 256

A

ASSAULT – s2, Crimes Act 1961assault means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, 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 he has, present ability to effect his purpose.

Answer 257

A

PROVING INTENT/INFERRED INTENTCircumstantial evidence from which an offender’s intent may be inferred can include:• the offender’s actions and words before, during and after the event • the surrounding circumstances • the nature of the act itself. R v COLLISTER The demeanour of the prisoner and the circumstances of the case are such that an ordinary reasonable man would understand that a demand for money was being made on him

Answer 258

A

VIOLENCE

In the context of robbery, must be more than a minimal degree of force and more than a technical assault but does not require physical bodily injury. Whether or not the degree of violence used is sufficient to amount to robbery is a matter of fact for determination in each case.

PENEHA v POLICE It is sufficient that the actions of the defendant forcibly interfere with personal freedom or amount to forcible, powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort.

Answer 259

A

Threats

A threat of violence is generally a direct or veiled warning that violence will be used if the victim does not submit to the demands of the robber.

However threats may also be conveyed by inference through the defendant’s conduct, demeanour or even appearance, depending on the circumstances.

In the context of robbery, violence must involve more than a minimal degree of force and more than a technical assault, but need not involve the infliction of bodily injury.

Whether or not the degree of violence used is sufficient to amount to robbery is a matter of fact for determination in each case.

R v BROUGHTON

A threat of violence is “the manifestation of an intention to inflict violence unless the money or property be handed over. The threat may be direct or veiled. It may be conveyed by words or conduct, or a combination of both.”

Answer 260

A

Extort

To “extort” means “to obtain by coercion or intimidation.” Extortion implies an overbearing of the will of the victim, and the prosecution must show that the threats induced the victim to part with his property.

Answer 261

A

To Prevent

To “prevent or overcomes” means “to keep from happening.”

Answer 262

A

Overcome

To “defeat; to prevail over; to get the better of in a conflict.”

Answer 263

A

ROBS

Robbery - Section 234(1), CA61

Theft accompanied by violence or threats of violence to any person or property used to extort the property stolen or used to overcome resistance to the property being stolen.

All ingredients must be proved.

Answer 264

A

Causes

Person causes GBH if his actions make him criminally responsible for it.

Answer 265

A

Grievous Bodily Harm

GBH can be defined as harm that is really serious.

DPP v SMITH

Bodily harm needs no explanation, grievous means no more and no less than really serious.

Answer 266

A

PERSON

Gender neutral proven by judicial notice or circumstantial evidence

Answer 267

A

At the time

During the commission of the theft, at the time of taking with the required intent.

Answer 268

A

Being together with:

There must be proof that, in committing the robbery, the defendant was part of a joint enterprise by two or more persons who were physically present at the robbery.

R v JOYCE

Crown must establish that at least two persons were physically present at the time of the robbery was committed or assault occurred.

R v GALEY

“Being together” in the context of S235(b) involves two or more persons having a common intention to use combined force either in any event or as circumstances might require, directly in the perpetration of the crime.”

Answer 269

A

Being Armed

The defendant is carrying the item or has it available for immediate use as a weapon.

Answer 270

A

Offensive Weapon – Section 202A (1) Crimes Act 1961

Any article made or altered for the use of causing bodily injury or intended by the person having it with him for such a use.

Answer 271

A

Instrument

Not defined by statute but will include any item intended to be used as a weapon or to intimidate and overbear the victims will to resist.

Answer 272

A

Anything appearing as such

It must be proved both that the appeared to be an offensive weapon or instrument to the victim and that the defendant intended or was at least reckless as to the possibility that it would be perceived as a weapon.

R V BENTHAM

A “thing” does not include a part of a person’s body.

Answer 273

A

Intent

A person does something intentionally if the mean to do it. They desire a specific result and act with the aim or purpose of achieving it. (MOHAN, WAKKA & MOHI).

R v Mohan

Intent involves “a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence

R v Waaka

A “fleeting or passing thought” is not sufficient; there must be a “firm intent or a firm purpose to effect an act”

R v Taisalika

The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent.

Answer 274

A

Grievous bodily harm

Grievous bodily harm can be defined simply as “harm that is really serious”.

DPP v Smith

“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”.

Answer 275

A

Actual bodily harm

Actual bodily harm may be internal or external, and it need not be permanent or dangerous.

R v Donovan

‘Bodily harm’ … includes any hurt or injury calculated to interfere with the health or comfort of [the victim] … it need not be permanent, but must, no doubt, be more than merely transitory and trifling.

Answer 276

A

PERSON

Gender neutral proven by judicial notice or circumstantial evidence

Answer 277

A

WOUND

R v WATERS

A wound is the breaking in the continuity of the skin with the flow of blood and can be internal or external.

Answer 278

A

MAIMS

Will involve mutilating, crippling or disabling a part of the body so the victim is deprived of the use of a limb or one of the senses.

Answer 279

A

DISFIGUREMENT

To deform or deface, to mar or alter the figure or appearance of a person.

Answer 280

A

Reckless Disregard

While it is necessary to prove that the defendant foresaw the risk of injury to others, it is not necessary that he recognized the extent of the injury that would result.

R V MOWATT

It is quite unnecessary that the accused should have foreseen that his unlawful act might cause physical harm of the gravity described in the section, i.e. a wound or serious physical injury. Foresight “that some physical harm to some person, albeit of a minor character, might result” is all that is required.

Answer 281

A

COMMIT

To do, perform, perpetrate

Answer 282

A

FACILITATE

To make possible or to make easy or easier.

Answer 283

A

IMPRISONABLE OFFENCE

Normal meaning – any offence punishable by a term of imprisonment

Answer 284

A

Avoid Detection

Offender causes the specified harm to prevent himself or another person from being caught in the act.

Answer 285

A

Avoid Arrest

Acts done by offenders to avoid their own or other’s arrest

Answer 286

A

INTENT & OFFENCE PROVEN (Two-fold test for intent)

In R v Tihi it was held that in proving an offence against s191, the prosecution must satisfy a “two-fold” test for intent:

The defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in paras (a), (b) or (c), AND
He or she intended to cause the specified harm, or was reckless as to that risk.

R v Tihi

In addition to one of the specific intents outlined in paragraphs (a), (b) or (c), “it must be shown that the offender either meant to cause the specified harm, or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it”.

Answer 287

A

Stupefy

R V STURM

To cause an effect on the mind or nervous system of a person, which really seriously interferes with that person’s mental or physical ability to act in any way which might hinder an intended crime.

Answer 288

A

RENDER UNCONCIOUS

To cause to be rendered unconscious. Must cause victim to lose consciousness.

Answer 289

A

Incapable of Resistance

R V CROSSAN

‘Incapable of resistance’ includes a powerlessness of the will as well as a physical incapacity.

Answer 290

A

R v SKIVINGTON “Larceny [or theft] is an ingredient of robbery, and if the honest belief that a man has a claim of right is a defence to larceny, then it negatives one of the ingredients in the offence of robbery, without proof of which the full offence is not made out.”

Answer 291

A

R v LAPIER Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.

Answer 292

A

R v MAIHI “It is implicit in ‘accompany’ that there must be a nexus (connection or link) between the act of stealing … and a threat of violence. Both must be present.” However the term “does not require that the act of stealing and the threat of violence be contemporaneous …”

Answer 293

A

PENEHA v POLICE It is sufficient that “the actions of the defendant forcibly interfere with personal freedom or amount to forcible powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort”.

Answer 294

A

R v BROUGHTON A threat of violence is “the manifestation of an intention to inflict violence unless the money or property be handed over. The threat may be direct or veiled. It may be conveyed by words or conduct, or a combination of both.”

Answer 295

A

R v JOYCE “The Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.”

Answer 296

A

R v GALEY “Being together” in the context of s235(b) involves “two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime.”

Answer 297

A

R v MOHAN Intent involves “a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence R v WAAKA A “fleeting or passing thought” is not sufficient; there must be a “firm intent or a firm purpose to effect an act”

Answer 298

A

R v TAISALIKA The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent.

Answer 299

A

DPP v SMITH “Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”.

Answer 300

A

R v WATERSA wound is the breaking in the continuity of the skin with the flow of blood and can be internal or external.

Answer 301

A

R v DONOVAN ‘Bodily harm’ … includes any hurt or injury calculated to interfere with the health or comfort of [the victim] … it need not be permanent, but must, no doubt, be more than merely transitory and trifling.

Answer 302

A

R v HARNEY“[Recklessness involves] foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.”

Answer 303

A

R v TIHIIn addition to one of the specific intents outlined in paragraphs (a), (b) or (c), “it must be shown that the offender either meant to cause the specified harm, or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it”.

Answer 304

A

s127, CA 1961 - No presumption because of age

There is no presumption of law that a person is incapable of sexual connection because of his or her age. This provision means that any person of any age is capable, in a legal sense, of being involved in sexual connection.

Therefore it would not be a defence to a sex-related charge to say that either of the parties was too young or too old to have sexual connection.

Answer 305

A

s128, CA 1961 - Sexual violation defined

(1) Sexual violation is the act of a person who—

rapes another person; or
has unlawful sexual connection with another person.

(2) Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis,—

without person B’s consent to the connection; and
without believing on reasonable grounds that person B consents to the connection.

(3) Person A has unlawful sexual connection with person B if person A has sexual connection with person B —

without person B’s consent to the connection; and
without believing on reasonable grounds that person B consents to the connection.

(4) One person may be convicted of the sexual violation of another person at a time when they were married to each other.

Answer 306

A

s129, CA 61 - Attempted sexual violation and assault with intent to commit sexual violation

Every one who attempts to commit sexual violation is liable to imprisonment for a term not exceeding 10 years.
Every one who assaults another person with intent to commit sexual violation of the other person is liable to imprisonment for a term not exceeding 10 years.

Answer 307

A

s132, CA 61 - Sexual conduct with child under 12

(1) Every one who has sexual connection with a child is liable to imprisonment for a term not exceeding 14 years.
(2) Every one who attempts to have sexual connection with a child is liable to imprisonment for a term not exceeding 10 years.
(3) Every one who does an indecent act on a child is liable to imprisonment for a term not exceeding 10 years.
(4) It is not a defence to a charge under this section that the person charged, believed that the child was of or over the age of 12 years.
(5) It is not a defence to a charge under this section that the child consented.
(6) In this section,—

child means a person under the age of 12 years; and
doing an indecent act on a child includes indecently assaulting the child.

Answer 308

A

s134, CA 61 - Sexual conduct with a young person under 16

(1) Every one who has sexual connection with a young person is liable to imprisonment for a term not exceeding 10 years.
(2) Every one who attempts to have sexual connection with a young person is liable to imprisonment for a term not exceeding 10 years.
(3) Every one who does an indecent act on a young person is liable to imprisonment for a term not exceeding 7 years.
(4) No person can be convicted of a charge under this section if he or she was married to the young person concerned at the time of the sexual connection or indecent act concerned.
(5) The young person in respect of whom an offence against this section was committed cannot be charged as a party to the offence if the person who committed the offence was of or over the age of 16 years when the offence was committed.
(6) In this section,—

young person means a person under the age of 16 years; and
doing an indecent act on a young person includes indecently assaulting the young person.

Answer 309

A

s134A, CA 61 - Defence to charge under section 134

(1) It is a defence to a charge under section 134 if the person charged proves that, —

before the time of the act concerned, he or she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16 years; and
at the time of the act concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years; and
the young person consented.

(2) Except to the extent provided in subsection (1),—

it is not a defence to a charge under section 134 that the young person concerned consented; and
it is not a defence to a charge under section 134 that the person charged believed that the young person concerned was of or over the age of 16 years.

Answer 310

A

s135, CA61 - Indecent assault

Every one is liable to imprisonment for a term not exceeding 7 years who

indecently
assaults
another person.

Answer 311

A

s194 CA61, Assault on a child, or by a male on a female

Every one is liable to imprisonment for a term not exceeding 2 years who —

Assaults
any child under the age of 14 years; or
Being a male
assaults any female.

Answer 312

A

s195 CA61 - Ill-treatment or neglect of child or vulnerable adult

(1) Every one is liable to imprisonment for a term not exceeding 10 years who, being a person described in subsection (2),

intentionally
engages in conduct that, or
omits to discharge or perform any legal duty the omission of which,
is likely to cause suffering, injury, adverse effects to health, or any mental disorder or disability
to a child or vulnerable adult (the victim)
if the conduct engaged in, or the omission to perform the legal duty,
is a major departure from the standard of care to be expected of a reasonable person.

(2) The persons are—

(a) a person who has actual care or charge of the victim; or
(b) a person who is a staff member of any hospital, institution, or residence where the victim resides.

(3) For the purposes of this section and section 195A, a child is a person under the age of 18 years.

Answer 313

A

s195A - Failure to protect child or vulnerable adult

Every one is liable to imprisonment for a term not exceeding 10 years who, being a person described in subsection (2), has frequent contact with a child or vulnerable adult (the victim) and —
1. knows that the victim is at risk of death, grievous bodily harm, or sexual assault as the result of—
  1. an unlawful act by another person; or
  2. an omission by another person to discharge or perform a legal duty if, in the circumstances, that omission is a major departure from the standard of care expected of a reasonable person to whom that legal duty applies; and
2. fails to take reasonable steps to protect the victim from that risk.
The persons are —
1. a member of the same household as the victim; or
2. a person who is a staff member of any hospital, institution, or residence where the victim resides.
A person may not be charged with an offence under this section if he or she was under the age of 18 at the time of the act or omission.
For the purposes of this section, —
1. a person is to be regarded as a member of a particular household, even if he or she does not live in that household, if that person is so closely connected with the household that it is reasonable, in the circumstances, to regard him or her as a member of the household:
2. where the victim lives in different households at different times, the same household refers to the household in which the victim was living at the time of the act or omission giving rise to the risk of death, grievous bodily harm, or sexual assault.
In determining whether a person is so closely connected with a particular household as to be regarded as a member of that household, regard must be had to the frequency and duration of visits to the household and whether the person has a familial relationship with the victim and any other matters that may be relevant in the circumstances

Answer 314

A

s128, CA 1961 - Sexual violation defined

Sexual violation is the act of a person who—
1. rapes another person; or
2. has unlawful sexual connection with another person.
Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis,—
1. without person B’s consent to the connection; and
2. without believing on reasonable grounds that person B consents to the connection.
Person A has unlawful sexual connection with person B if person A has sexual connection with person B —
1. without person B’s consent to the connection; and
2. without believing on reasonable grounds that person B consents to the connection.
One person may be convicted of the sexual violation of another person at a time when they were married to each other.

Answer 315

A

s128(2) – RAPE DEFINED

Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis,—
1. without person B’s consent to the connection; and
2. without believing on reasonable grounds that person B consents to the connection.

Answer 316

A

s2, CA61 - Genitalia

Includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is male, female, or of indeterminate sex)

Answer 317

A

Penis

The male organ of reproduction

Penis - s2, CA61

Includes a surgically constructed or reconstructed organ analogous to naturally occurng penis. (whether the person concerned is male, female or of indeterminate sex).

Answer 318

A

Consent

Consent is a person’s conscious and voluntary agreement to do something desired or proposed by another.

R v COX

Consent must be ‘full, voluntary, free and informed…freely and voluntarily given by a person in a position to form a rational judgement’.

Answer 319

A

s128A, CA 61 - Non consent under certain circumstances

A person does not consent to sexual activity under certain circumstances. Matters that do not constitute consent:

not protesting or offering physical resistance use of force, threats of force, or fear of force
asleep or unconscious
so affected by alcohol / drugs they cannot consent
so affected by mental or physical impairment they cannot consent
mistaken ID
mistaken as to nature and quality of the act

Answer 320

A

Reasonable Grounds (a 3 step process):

Subjective test – Absence of consent - What was the complainant thinking at the time? Was she consenting?
Subjective test – Belief in consent -If she wasn’t consenting, did the offender believe she was consenting? What was the offender thinking at the time.
Objective test – Reasonable grounds for belief in consent - If the offender believed complainant was consenting, was that belief reasonable in the circumstances. Ie what would a reasonable person have believed if placed in the same position as the defendant?

R v GUTUAMA

Under the objective test the crown must prove that “no reasonable person in the accused’s shoes could have thought that the complainant was consenting.”

Answer 321

A

PROOF OF AGE

In practice this generally involves producing the victim’s birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.

R v FORREST AND FORREST

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.

Answer 322

A

s128(3) CA61 – Unlawful Sexual Connection

3) Person A has unlawful sexual connection with person B if person A has sexual connection with person B —
(a) without person B’s consent to the connection; and
(b) without believing on reasonable grounds that person B consents to the connection.

Answer 323

A

s2(1A), CA 61 - Slightest degree of penetration is sufficient

(1A) For the purposes of paragraph (a) of the definition in subsection (1) of “sexual connection”, introduction to the slightest degree is enough to effect a connection.

So, while under paragraph (a) penetration of the genitalia or anus must be proved, the extent of penetration is not relevant; any degree of penetration, no matter how slight or fleeting, is sufficient.

Answer 324

A

s134(6), CA 61 - Sexual conduct with a young person under 16

6) In this section,—

young person means a person under the age of 16 years

Answer 325

A

s132(6), CA 61 - Sexual conduct with child under 12

(6) In this section,—

child means a person under the age of 12 years

Answer 326

A

indecent act

An ‘indecent act’ is generally accepted to be an act accompanied by circumstances of indecency.

Indecent acts are usually consensual acts. In age-specific sexual offences, doing an indecent act with a child or young person can also include indecently assaulting that child or young person.

Answer 327

A

s135, CA61 - Indecent assault

Every one is liable to imprisonment for a term not exceeding 7 years who:

indecently
assaults
another person.

R v Leeson

“The definition of ’indecent assault’ … is an assault accompanied with circumstances of indecency …”

Answer 328

A

R v KOROHEKE The genitalia comprise the reproduction organs, interior and exterior … they include the vulva [and] the labia, both interior and exterior, at the opening of the vagina.

Answer 329

A

R v COX Consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgment”.

Answer 330

A

R v GUTUAMA Under the objective test the Crown must prove that “no reasonable person in the accused’s shoes could have thought that [the complainant] was consenting”.

Answer 331

A

R v HARPUR An attempt includes “an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime”.

Answer 332

A

R v FORREST AND FORREST “The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.”

Answer 333

A

R v COURT Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of [the complainant]”.

Answer 334

A

R v LEESON “The definition of ’indecent assault’ … is an assault accompanied with circumstances of indecency …”

Answer 335

A

s8 Consideration of just cause for continued detention

(1) In considering whether there is just cause for continued detention, the court must take into account—
(a) whether there is a … risk that—
(i) the defendant may fail to appear in court on the date to which the defendant has been remanded; or
(ii) the may interfere with witnesses or evidence; or
(iii) the defendant may offend while on bail; and
(b) any matter that would make it unjust to detain the defendant.
(2) In considering whether there is just cause for continued detention under subsection (1), the court may take into account the following:
(a) the nature of the offence with which the defendant is charged, and whether it is a grave or less serious one of its kind:
(b) the strength of the evidence and the probability of conviction or otherwise:
(c) the seriousness of the punishment to which the defendant is liable, and the severity of the punishment that is likely to be imposed:
(d) the character and past conduct or behaviour, in particular proven criminal behaviour, of the defendant:
(e) whether the defendant has a history of offending while on bail, or breaching court orders, including orders imposing bail conditions:
(f) the likely length of time before the matter comes to hearing or trial:
(g) the possibility of p_rejudice to the defence_ in the preparation of the defence if the defendant is remanded in custody:
(h) any other special matter that is relevant in the particular circumstances.

Answer 336

A

40 Warrant to remove child or young person

(1) Where an application for a declaration under section 67 of this Act has been made in respect of a child or young person, any District Court Judge or, if no District Court Judge is available, [any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may, on application in writing verified in accordance with section 99 of that Act], where there are reasonable grounds for believing that the child or young person is—
(a) Suffering, or is likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm; or
(b) So seriously disturbed as to be likely—
(i) To act in a manner harmful to the child or young person or any other person; or
(ii) To cause serious damage to property,

— issue a warrant authorising any [constable] or a Social Worker, either by name or generally, to search for the child or young person.

(2) An application for a warrant under subsection (1) of this section may be made by a [constable] or a Social Worker.
(3) The alleged commission of an offence shall not of itself be sufficient grounds for the issue of a warrant under this section.
(4) Any person authorised by warrant under this section to search for any child or young person may—
(a) Enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:
(b) Either—
(i) Remove or detain, by f_orce if necessary_, the child or young person and place the child or young person in the custody of the [chief executive]; or
(ii) Where the child or young person is in a hospital, direct the Medical Superintendent of that hospital to keep that child or young person in that hospital.
(5) Where any direction is issued pursuant to subsection (4)(b)(ii) of this section in respect of any child or young person, that child or young person shall be deemed to have been placed in the custody of the [chief executive] pursuant to this section.

Answer 337

A

42 Search without warrant

(1) Any [constable] who believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death may, without warrant,—
(a) Enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:
(b) Remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the

[chief executive].

(2) Every [constable] who exercises any powers conferred by subsection (1) of this section shall, on first entering any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place, and if requested, at any subsequent time,—
(a) _ Produce evidence of identity_; and
(b) Disclose that those powers are being exercised under this section.
(3) A [constable] who exercises the power conferred by subsection (1) of this section shall, within 3 days after the day on which the power is exercised, forward to the Commissioner of Police a written report on the exercise of the power and the circumstances in which it came to be exercised.

Answer 338

A

214 Arrest of child or young person without warrant

(1) Subject to [section 214A and] sections 233 and 244 of this Act, where, under any enactment, any enforcement officer has a power of arrest without warrant, that officer shall not arrest a child or young person pursuant to that power unless that officer is satisfied, on reasonable grounds,—
(a) That it is necessary to arrest that child or young person without warrant for the purpose of—
(i) Ensuring the appearance of the child or young person before the Court; or
(ii) Preventing that child or young person from committing further offences; or
(iii) Preventing the loss or destruction of evidence relating to an offence committed by the child or young person or an offence that the enforcement officer has reasonable cause to suspect that child or young person of having committed, or preventing interference with any witness in respect of any such offence; and
(b) Where the child or young person may be proceeded against by way of summons, that proceeding by way of summons would not achieve that purpose.
(2) Nothing in subsection (1) of this section prevents a [constable] from arresting a child or young person without warrant on a charge of any offence where—
(a) The [constable] has reasonable cause to suspect that the child or young person has committed a [category 4 offence or category 3 offence for which the maximum penalty available is or includes imprisonment for l_ife or for at least 14 years_]; and
(b) The [constable] believes, on reasonable grounds, that the arrest of the child or young person is required in the public interest.
(3) Every enforcement officer who arrests a child or young person without warrant shall, within 3 days of making the arrest, furnish a written

report—

(a) Where that enforcement officer is a [constable], to the Commissioner of Police:

[(b) Where that enforcement officer is a traffic officer who is a [[Police employee who is not a constable]], to the Commissioner of Police:]

(c) Where that enforcement officer is an officer or employee of the Public Service, to the chief executive of the Department of which that person is an officer or employee:
(d) Where that enforcement officer is an officer of a local authority, to the [chief executive] of that local authority.
(4) Every report furnished pursuant to subsection (3) of this section in respect of the arrest of any child or young person shall state the reason why the child or young person was arrested without warrant.

Answer 339

A

215 Child or young person to be informed of rights before questioned by enforcement officer

(1) Subject to sections 233 and 244 of this Act, every enforcement officer shall, before questioning any child or young person [whom there are reasonable grounds to suspect of having committed an offence, or before asking any child or young person any question intended to obtain an admission of an offence], explain to that child or young person—
(a) Subject to subsection (2) of this section, if the circumstances are such that the enforcement officer would have power to arrest the child or young person without warrant, that the child or young person may be arrested if, by refusing to give his or her name and address to the enforcement officer, the child or young person cannot be served with a summons; and
(b) Subject to subsection (2) of this section, that the child or young person is not obliged to accompany the enforcement officer to any place for the purpose of being questioned, and that if the child or young person consents to do so, that he or she may withdraw that consent at any time; and
(c) That the child or young person is under n_o obligation to make or give any statement_; and
(d) That if the child or young person consents to make or give a statement, the child or young person may withdraw that consent at any time; and
(e) That any statement made or given may be used in evidence in any proceedings; and
(f) That the child or young person is entitled to consult with, and make or give any statement in the presence of, a barrister or solicitor and any person nominated by the child or young person in accordance with section 222 of this Act.
(2) Nothing in paragraph (a) or (b) of subsection (1) of this section applies where the child or young person is under arrest.

[(3) Without limiting subsection (1) of this section, where_, during the course of questioning_ a child or young person, an enforcement officer forms the view that there are reasonable grounds to suspect the child or young person of having committed an offence, the enforcement officer shall, before continuing the questioning, give the explanation required by that subsection.]

Answer 340

A

218 Explanations to be given in manner and language appropriate to age and level of understanding of child or young person

Every explanation required to be given to a child or young person pursuant to section 215 (or s215A or s216 or s217 )of this Act shall be given in a manner and in language that is appropriate to the age and level of understanding of the child or young person.

Answer 341

A

222 Persons who may be nominated for the purposes of section 221(2)(b) or (c)

(1) Subject to subsection (2) of this section, a child or young person may nominate one of the following persons for the purposes of section 221(2)(b) or (c) of this Act:
(a) A parent or guardian of the child or young person:
(b) An adult member of the family, whanau, or family group of the child or young person:
(c) Any other adult selected by the child or young person:
(d) If the child or young person refuses or fails to nominate any person referred to in any of paragraphs (a) to (c) of this subsection, any adult (not being an enforcement officer) nominated for the purpose by an enforcement officer.
(2) Where an enforcement officer believes, on reasonable grounds, that any person nominated by a child or young person pursuant to subsection (1)(a) or (b) or (c) of this section,—
(a) If permitted to consult with the child or young person pursuant to section 221(2)(b) of this Act, would attempt, or would be likely to attempt, to pervert the course of justice; or
(b) Cannot with reasonable diligence be located, or will not be available within a period of time that is reasonable in the circumstances, —

that enforcement officer may refuse to allow the child or young person to consult with that person.

(3) Where, pursuant to subsection (2) of this section, a child or young person is not permitted to consult with a person nominated by that child or young person pursuant to subsection (1) of this section, that child or young person shall, subject to subsection (2) of this section, be permitted to consult with any other person nominated by that child or young person pursuant to subsection (1) of this section.
(4) It is the duty of any person nominated pursuant to subsection (1) of this section—
(a) To take reasonable steps to ensure that the child or young person understands the matters explained to the child or young person

under section 221(2)(a) of this Act; and

(b) To support the child or young person—
(i) Before and during any questioning; and
(ii) If the child or young person agrees to make or give any statement, during the making or giving of the statement.]

Answer 342

A

13 Full disclosure

[(1) The prosecutor must disclose to the defendant the information described in subsection (2) as soon as is reasonably practicable after a defendant has pleaded not guilty.]

(2) The information referred to in subsection (1) is—
(a) any relevant information, including, without limitation, the information (standard information) described in subsection (3); and
(b) a list of any relevant information that the prosecutor refuses under s15, 16, 17, or 18 to disclose to the defendant together with—
(i) the reason for the refusal; and
(ii) if the defendant so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by s16, 17, or 18 and (in the case of the interests protected by section 18) there is no overriding public interest.
(3) The standard information referred to in subsection (2)(a) is—
(a) a copy of any statement made by a prosecution witness; and
(b) a copy of any brief of evidence that has been prepared in relation to a prosecution witness; and
(c) the name and, if disclosure is authorised under section 17, the address of a_ny person interviewed_ by the prosecutor who gave relevant information and whom the prosecutor does not intend to call as a witness; and—
(i) any written account of the interview, whether signed or unsigned, and any other record of the interview; and
(ii) any statement made to the prosecutor by the person; and
(d) any convictions of a prosecution witness that are known to the prosecutor and that may affect the credibility of that witness; and
(e) a list of all exhibits that the prosecutor proposes to have introduced as evidence as part of the case for the prosecution; and
(f) a list of all relevant exhibits in the possession of the prosecutor that the prosecutor does not propose to have introduced as evidence; and
(g) a copy of any information supplied to the prosecutor in connection with the case by any person or persons whom the prosecutor proposes to call to give evidence as an expert witness or witnesses; and
(h) a copy of a_ny relevant information supplied to the prosecutor_ by a person or persons whom the prosecutor considered calling to give evidence as an expert witness or witnesses, but elected not to do so.
(4) The obligation to disclose information to the defendant under this section as soon as is reasonably practicable is subject to any order made under section 30 or 32.
(5) If information referred to in subsection (2) comes into the possession or control of the prosecutor, or is prepared in recorded form, after the prosecutor has disclosed information in accordance with subsection (1) and before the hearing or trial is completed, the prosecutor must disclose the information to the defendant as soon as is reasonably practicable.
(6) The entitlement of a defendant to information under this section continues while the criminal proceedings are in progress (including any appeal against conviction) and during the period from the conviction until the expiry of the time for l_odging an appeal_ against conviction.

Answer 343

A

7 Fundamental principle that relevant evidence admissible

(1) All relevant evidence is admissible in a proceeding except evidence that is—
(a) inadmissible under this Act or any other Act; or
(b) _excluded under this Act or any other Ac_t.
(2) Evidence that is not relevant is not admissible in a proceeding.
(3) Evidence is relevant in a proceeding if it has a tendency to prove or disprove anything that is of consequence to the determination of the proceeding.

Answer 344

A

8 General exclusion

(1) In any proceeding, the Judge must exclude evidence if its probative value is outweighed by the risk that the evidence will—
(a) have an unfairly prejudicial effect on the proceeding; or
(b) needlessly prolong the proceeding.
(2) In determining whether the probative value of evidence is outweighed by the risk that the evidence will have an unfairly prejudicial effect on a criminal proceeding, the Judge must take into account the right of the defendant to offer an effective defence.

Answer 345

A

35 Previous consistent statements rule

(1) A previous statement of a witness that is consistent with the witness’s evidence is not admissible unless subsection (2) or subsection (3) applies to the statement.
(2) A previous statement of a witness that is consistent with the witness’s evidence is admissible to the extent that the statement is necessary to respond to a challenge to the witness’s veracity or accuracy, based on a previous inconsistent statement of the witness or on a claim of recent invention on the part of the witness.
(3) A previous statement of a witness that is consistent with the witness’s evidence i_s admissible if_—
(a) the circumstances relating to the statement provide reasonable assurance that the statement is reliable; and
(b) the statement provides the court with information that the witness is unable to recall.

Answer 346

A

44 Evidence of sexual experience of complainants in sexual cases

(1) In a sexual case, no evidence can be given and no question can be put to a witness relating directly or indirectly to the sexual experience of the complainant with any person other than the defendant, except with the permission of the Judge.
(2) In a sexual case, no evidence can be given and no question can be put to a witness that relates directly or indirectly to the r_eputation of the complainant_ in sexual matters.
(3) In an application for permission under subsection (1), the J_udge must not grant permission_ unless satisfied that the evidence or question is of such direct relevance to facts in issue in the proceeding, or the issue of the appropriate sentence, that it would be contrary to the interests of justice to exclude it.
(4) The permission of the Judge is not required to rebut or contradict evidence given under subsection (1).
(5) In a sexual case in which the defendant is charged as a party and cannot be convicted unless it is shown that another person committed a sexual offence _against the complainan_t, subsection (1) does not apply to any _evidence given, or any questio_n put, that relates directly or indirectly to the sexual experience of the complainant with that other person.
(6) This section does not authorise evidence to be given or any question to be put that could not be given or put apart from this section.

Answer 347

A

45 Admissibility of visual identification evidence

(1) If a formal procedure is followed by officers of an enforcement agency in obtaining visual identification evidence of a person alleged to have committed an offence or there was a good reason for not following a formal procedure, that e_vidence is admissible_ in a criminal proceeding unless the defendant proves on the balance of probabilities that the evidence is unreliable.
(2) _ If a formal procedure is not followed_ by officers of an enforcement agency in obtaining visual identification evidence of a person alleged to have committed an offence and there was no good reason for not following a formal procedure, that evidence is inadmissible in a criminal proceeding unless the prosecution proves beyond reasonable doubt that the circumstances in which the identification was made have produced a reliable identification.
(3) For the purposes of this section, a formal procedure is a procedure for obtaining visual identification evidence—
(a) that is observed as soon as practicable after the alleged offence is reported to an officer of an enforcement agency; and
(b) in which the person to be identified is compared to no fewer than 7 other persons who are similar in appearance to the person to be identified; and
(c) in which no indication is given to the person making the identification as to who among the persons in the procedure is the person to be identified; and
(d) in which the person making the identification is informed that the person to be identified may or may not be among the persons in the procedure; and
(e) that is the subject of a written record of the procedure actually followed that is sworn to be true and complete by the officer who conducted the procedure and provided to the Judge and the defendant (but not the jury) at the hearing; and
(f) that is the subject of a pictorial record of what the witness looked at that is prepared and certified to be true and complete by the officer who conducted the procedure and provided to the Judge and the defendant (but not the jury) at the hearing; and
(g) that complies with any further requirements provided for in regulations made under section 201.
(4) The circumstances referred to in the following paragraphs are good reasons for not following a formal procedure:
(a) a refusal of the person to be identified to take part in the procedure (that is, by refusing to take part in a parade or other procedure, or to permit a photograph or video record to be taken, where the enforcement agency does not already have a photo or a video record that shows a true likeness of that person):
(b) the singular appearance of the person to be identified (being of a nature that cannot be disguised so that the person is similar in appearance to those with whom the person is to be compared):
(c) _ a substantial change in the appearance of the person to be identified_ after the alleged offence occurred and before it was practical to hold a formal procedure:
(d) no officer involved in the investigation or the prosecution of the alleged offence could reasonably anticipate that identification would be an issue at the trial of the defendant:
(e) if an identification of a person alleged to have committed an offence has been made to an officer of an enforcement agency soon after the offence was reported and in the course of that officer’s initial investigation:
(f) if an identification of a person alleged to have committed an offence has been made to an officer of an enforcement agency after a chance meeting between the person who made the identification and the person alleged to have committed the offence.

Answer 348

A

87 Privacy as to witness’s precise address

(1) In any proceeding, the precise particulars of a witness’s address (for example, details of the street and number) may not, without the permission of the Judge, be—
(a) the subject of any question to a witness or included in any evidence given; or
(b) included in any statement or remark made by a witness, lawyer, officer of the court, or any other person.
(2) The Judge must not grant permission under subsection (1) unless satisfied that the question to be put, the evidence to be given, or the statement or remark to be made, is of sufficient direct relevance to the facts in issue that to exclude it would be contrary to the interests of justice.
(3) An application for permission under subsection (1) may be made before or after the commencement of any hearing, and is, where practicable, to be made and dealt with in chambers.
(4) Nothing in subsection (1) applies in a criminal proceeding if it is necessary to disclose the particulars in the charge in order to ensure that the defendant is fully and fairly informed of the charge.

Answer 349

A

88 Restriction on disclosure of complainant’s occupation in sexual cases

(1) In a sexual case, except with the permission of the Judge,—
(a) _ no question_ may be put to the complainant or any other witness, and no evidence may be given, concerning the complainant’s occupation; and
(b) no statement or remark may be made in court by a witness, lawyer, officer of the court, or any other person involved in the proceeding concerning the complainant’s occupation.
(2) The Judge must not grant permission under subsection (1) unless satisfied that the question to be put, the evidence to be given, or the statement or remark to be made, is of sufficient direct relevance to the facts in issue that to exclude it would be contrary to the interests of justice.
(3) An application for permission under subsection (1) may be made before or after the commencement of any hearing, and is, where practicable, to be made and dealt with in chambers.

Answer 350

A

121 Corroboration

Subpart 6—Corroboration, judicial directions, and judicial warnings (s 121 to s 127)

(1) It is not necessary in a criminal proceeding for the evidence on which the prosecution relies to be corroborated, except with respect to the offences of—

(a) perjury (section 108 of the Crimes Act 1961); and
(b) false oaths (section 110 of the Crimes Act 1961); and
(c) f_alse statements or declarations_ (section 111 of the Crimes Act 1961); and (d) treason (section 73 of the Crimes Act 1961).

(2) Subject to subsection (1) and section 122, if in a criminal proceeding there is a jury, it is not necessary for the Judge to—
(a) warn the jury that it is dangerous to act on uncorroborated evidence or to give a warning to the same or similar effect; or
(b) give a direction relating to the absence of corroboration.

Answer 351

A

15 Entry without warrant to find and avoid loss of evidential material relating to certain offences

A constable may enter and search a place without a warrant if he or she has reasonable grounds—

(a) to suspect that an offence punishable by imprisonment for a term of 14 years or more has been committed, or is being committed, or is about to be committed; and
(b) _ to believe_—
(i) that evidential material relating to the offence is in that place; and
(ii) that, if entry is delayed in order to obtain a search warrant, the evidential material will be destroyed, concealed, altered, or damaged.

Answer 352

A

16 Searching people in public place without warrant for evidential material relating to certain offences

A constable may search a person without a warrant in a public place if the constable has reasonable grounds to believe that the person is i_n possession of evidential material_ relating to an offence punishable by imprisonment for a term of 14 years or more.

Answer 353

A

17 Warrantless entry and search of vehicle for evidential material relating to certain offences

A constable may, without a warrant, enter and search a vehicle that is i_n a public place_ if he or she has reasonable grounds to believe that evidential material relating to an offence punishable by imprisonment for a term of 14 years or more is i_n or on the vehicle_.

Answer 354

A

45 Restrictions on some trespass surveillance and use of interception device

(1) Nothing in this subpart authorises any enforcement office_r to undertake trespass surveillance (other than by means of a tracking device) except in order to obtain evidential material in relation to an offence—
(a) that is punishable by a term of imprisonment of 7 years or more; or
(b) against s44, 45, 50, 51, 54, or 55 of the Arms Act 1983 or
(c) agains_t s25, 26, or 70 of the Psychoactive Substances Act 2013.
(2) Nothing in this subpart authorises any enforcement officer to use an interception device except in order to obtain evidential material in relation to an offence—
(a) that is punishable by a term of imprisonment of 7 years or more; or
(b) against _s44, 45, 50, 51, 54, or 55 of the Arms Act 198_3 or
(c) against s25, 26, or 70 of the Psychoactive Substances Act 2013.

Answer 355

A

46 Activities for which surveillance device warrant required

(1) Except as provided in s47 & 48, an enforcement officer who wishes to undertake any 1 or more of the following activities must obtain a surveillance device warrant:
(a) use of an interception device to intercept a private communication:
(b) use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt wit_h, and the installation of the device does not involve trespass to land or goods:
(c) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device:
(d) use of a surveillance device that involves trespass to land or goods:
(e) observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purposes of a single investigation, or a connected series of investigations, exceeds—
(i) _ 3 hours in any 24-hour period; or
(ii) 8 hours in total.
(2) This section is subject to section 45.

Answer 356

A

117 Special powers where application for search warrant pending

(1) If an application for a search warrant is about to be made or has been made and has not yet been granted or refused by an issuing officer, an enforcement officer present at the place or vehicle that is or is to be the subject of the application may, if authorised by subsection (2),—
(a) enter and secure the place, vehicle, or other thing in respect of which authorisation to enter and search is being sough_t, and secure any item or items found at that place or in or on that vehicle or other thing, at any time that is reasonable in the circumstances:
(b) direct any person to assist with the entry and securing of the place or vehicle or other thing or t_he securing of items in it (including, without limitation, a member of a hapū or an iwi if the place to be entered is of cultural or spiritual significance to that hapū or iwi).
(2) The powers conferred by subsection (1) may be exercised if the enforcement officer has reasonable grounds to believe that evidential material may be destroyed, concealed, altered, damaged, or removed before a decision is taken to grant or refuse the issue of a search warrant.
(3) The powers conferred by subsection (1) may be exercised until the first of the following occurs:
(a) the expiry of 6 hours from when the power is first exercised:
(b) the warrant is available for execution at that place or vehicle or in respect of that other thing:
(c) the application for a search warrant is refused.
(4) A person who exercises any power under subsection (1) must, on the request of any person affected by the exercise of the power,—
(a) identify himself or herself either by name or by unique identifier; and
(b) state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and
(c) if not in Police uniform, produce evidence of his or her identity.

Answer 357

A

123 Seizure of items in plain view

(1) This section applies to an enforcement officer who, as part of his or her duties,—
(a) exercises a search power; or
(b) is lawfully in any place or in or on a vehicle; or
(c) is conducting a lawful search of a person.
(2) An enforcement officer to whom this section applies may seize any item or items that he or she, or any person assisting him or her, finds in the course of carrying out the search or as a result of observations at the place or in or on the vehicle, if the enforcement officer has reasonable grounds to believe that he or she could have seized the item or items under—
(a) any search warrant that could have been obtained by him or her under this Act or any other enactment; or
(b) any other search power exercisable by him or her under this Act or any other enactment.
(3) If an enforcement officer seizes any item or items under subsection (2), in circumstances where he or she is not already exercising a search power, the enforcement officer may exercise any applicable power conferred by section 110 in relation to the seizure of the item or items.

Answer 358

A

s30 Victim’s views about release on bail of accused or offender

(1) This section applies if—
(a) the victim is the victim of a specified offence; and
(b) the person accused of the offence or, as the case requires, the offender, applies to a court for release on bail.
(2) If this section applies, the prosecutor must—
(a) make all reasonable efforts to ascertain any views the victim has about the accused, or, as the case requires, the offender, being released on bail; and
(b) inform the court of any views ascertained under paragraph (a).]

Answer 359

A

s31 Police to give victims of specified offences information about right to ask for notice and to appoint representative

(1) This section applies in respect of a victim of a specified offence.
(2) The Commissioner of Police must, as soon as practicable,—
(a) inform the victim of the matters required by subsections (3) to (5); and
(b) inform a support person of the victim of the matters required by subsection (6).
(3) The Commissioner of Police must inform the victim that the victim has the right to ask to be given any notice under sections 34 to 38 and that, if he or she asks to be given such notices, then the victim must at the same time give to the NZ Police his or her address in accordance with section 32B(1)(c)(i).
(4) The Commissioner of Police must inform the victim that if the victim asks to be given any notice under sections 34 to 38 and gives the NZ Police his or her address, then the victim may also be given notice under the following provisions:
(a) s39:
(b) s20 of the Prisoners’ and Victims’ Claims Act 2005.
(5) The Commissioner of Police must inform the victim that—
(a) the victim may appoint a representative under section 40 to request and receive on his or her behalf any notice given under sections 34 to 39; and
(b) if the victim appoints a representative, the victim or his or her representative must give to the NZ Police the name and address of the representative in accordance with section 32B(1)(c)(ii).
(6) If the Commissioner of Police knows, or ought reasonably to know, that the victim is not, or may not be, capable alone of doing any of the following, the Commissioner must inform a support person of the victim that a representative of the victim may be appointed under section 42:
(a) asking for, receiving, or understanding a notice under any of sections 34 to 39; and
(b) appointing a representative under section 40.
(7) Subsection (6) does not limit subsections (3) to (5).]

Answer 360

A

s32 Police to give Secretary information about victims of specified offences

As soon as practicable after determining that the offence that affected the victim is a specified offence, the Commissioner of Police must give to the Secretary the following information:

(a) the name of—
(i) the victim; and
(ii) the victim’s representative (if any); and
(b) the address of—
(i) the victim; or
(ii) the victim’s representative

Answer 361

A

Section 4 of the Act defines an “expert” as “a person who has specialised knowledge or skill, based on training, study or experience”

Answer 362

A

Under Section 4 of the Act, a hearsay statement is defined as;a) “A statement that – was made by a person other than a witness; and b) is offered in evidence at the proceeding to prove the truth of its contents”Define “Hearsay statement”This is a statement that was made by a person other than a witness, and is offered in evidence in the proceeding to prove the truth of its contents. This definition means that out-of-court statements made by a “witness” are not excluded by the hearsay rule because the maker is available to be cross-examined. Such statements may still be excluded by a different rule. A statement offered for some purpose other than proving the truth of its contents, for example merely to show that the statement was made or uttered, is not a hearsay statement.

Answer 363

A

In relation to the reliability of hearsay statements, briefly outline the four reasons why hearsay evidence is generally excluded;

Where the maker of a statement is not called as a witness, there is no opportunity to cross-examine them regarding its contents, the circumstances in which it was made, and so on.
The rule addresses the concern that juries cannot evaluate evidence properly without being able to see the demeanor of the person who made the statement in question
There is a danger that witnesses will make mistakes about the meaning or content of statements made by other people
The reason for the rule’s existence is therefore the danger attributing undeserved weight to evidence that cannot be adequately or properly tested. There needs to be a ‘reasonable assurance’ of reliability, which means that the evidence must be reliable enough for the fact-finder to consider it, and draw its own conclusions as to weight.

Answer 364

A

Definition of “hostile witness”;

Exhibits, or appears to exhibit, a lack of veracity when giving evidence unfavourable to the party who called the witness on a matter about which the witness may reasonably be supposed to have knowledge; or
Gives evidence that is inconsistent with a statement made by that witness in a manner that exhibits, or appears to exhibit, an intention to be unhelpful to the party who called the witness; or
Refuses to answer questions or deliberately withholds evidence.

Answer 365

A

Sexual Case - means a criminal proceeding in which a person is charged with, or is waiting to be sentenced or otherwise dealt with for an offence against any of the provisions of sections 128 – 142A or section 144A CA 1961, or, any other offence against the person of a sexual nature.

Answer 366

A

4 Interpretation

(1) In this Act, unless the context otherwise requires,—

Part 1 Preliminary provisions

(s 3 to s 15)

General

admission, in relation to a civil proceeding, means a statement that is—

(a) made by a person who is or becomes a party to the proceeding; and
(b) adverse to the person’s interest in the outcome of the proceeding

child means a person under the age of 18 years

child complainant, in relation to any proceeding, means a complainant who is a child when the proceeding commences

common bundle means a compilation of documents that the parties to a civil proceeding wish to offer in evidence at the hearing of the proceeding, being a compilation that—

(a) is prepared in accordance with rules of court or the practice of a court; and
(b) is filed in court

communication assistance means oral or written interpretation of a language, written assistance, technological assistance, and any other assistance that enables or facilitates communication with a person who—

(a) does not have sufficient proficiency in the English language to—
1. (i) understand court proceedings conducted in English; or
2. (ii) give evidence in English; or
(b) has a communication disability

conviction means,—

(a) in sections 47 to 49, a subsisting conviction entered before or after the commencement of this Act by—
1. (i) a New Zealand court or a court-martial conducted under New Zealand law in New Zealand or elsewhere; or
2. (ii) a court established by, or a court-martial conducted under, the law of Australia, United Kingdom, Canada, or any other foreign country in respect of which an Order in Council has been made under section 140(5); and
(b) in sections 139 and 140, a subsisting conviction entered before or after the commencement of this Act by a New Zealand or foreign court or a court-martial conducted under New Zealand or foreign law

copy, in relation to a document, includes a copy of a copy and a copy that is not an exact copy of the document but is identical to the document in all relevant respects

country includes a State, territory, province, or other part of a country

court includes the Supreme Court, the Court of Appeal, the High Court, and any District Court

District Court includes—

(a) a Family Court; and
(b) a Youth Court

document means—

(a) any material, whether or not it is signed or otherwise authenticated, that bears symbols (including words and figures), images, or sounds or from which symbols, images, or sounds can be derived, and includes—
1. (i) a label, marking, or other writing which identifies or describes a thing of which it forms part, or to which it is attached:
2. (ii) a book, map, plan, graph, or drawing:
3. (iii) a photograph, film, or negative; and
(b) information electronically recorded or stored, and information derived from that information

domestic violence has the same meaning as in section 3(1) of the Domestic Violence Act 1995

enforcement agency means the New Zealand Police or any body or organisation that has a statutory responsibility for the enforcement of an enactment

expert means a person who has specialised knowledge or skill based on training, study, or experience

expert evidence means the evidence of an expert based on the specialised knowledge or skill of that expert and includes evidence given

in the form of an opinion

foreign country means a country other than New Zealand

give evidence means to give evidence in a proceeding—

(a) in the ordinary way, as described in section 83; or
(b) in an alternative way, as provided for by section 105; or
(c) in any other way provided for under this Act or any other enactment

harassment has the same meaning as in section 3 of the Harassment Act 1997

hearsay rule means the rule described in section 17

hearsay statement means a statement that—

(a) was made by a person other than a witness; and
(b) is offered in evidence at the proceeding to prove the truth of its contents

hostile, in relation to a witness, means that the witness—

(a) exhibits, or appears to exhibit, a lack of veracity when giving evidence unfavourable to the party who called the witness on a matter about which the witness may reasonably be supposed to have knowledge; or
(b) gives evidence that is inconsistent with a statement made by that witness in a manner that exhibits, or appears to exhibit, an intention to be unhelpful to the party who called the witness; or
(c) refuses to answer questions or deliberately withholds evidence

incriminate means to provide information that is reasonably likely to lead to, or increase the likelihood of, the prosecution of a person for a criminal offence

international organisation means an organisation of States or governments of States or an organ or agency of an organisation of that kind, and includes the Commonwealth Secretariat

interpreter includes a person who provides communication assistance to a defendant or a witness
investigative questioning means questioning in connection with the investigation of an offence or a possible offence by, or in the

presence of,—

(a) a [constable]; or
(b) a person whose functions include the investigation of offences

Judge includes a Justice of the Peace, a community magistrate, and any tribunal
lawyer means a barrister or solicitor, as those terms are defined in section 2 of the Law Practitioners Act 1982

leading question means a question that directly or indirectly suggests a particular answer to the question
offer evidence includes eliciting evidence by cross-examining a witness called by another party
opinion, in relation to a statement offered in evidence, means a statement of opinion that tends to prove or disprove a fact

opinion rule means the rule described in section 23
party means a party to a proceeding
previous consistent statements rule means the rule described in section 35
previous statement means a statement made by a witness at any time other than at the hearing at which the witness is giving evidence proceeding means—

(a) a proceeding conducted by a court; and
(b) any interlocutory or other application to a court connected with that proceeding

propensity rule means the rule described in section 40 public document —

(a)

means a document that—

(i)

(ii) (iii)

forms part of the official records of the legislative, executive, or judicial branch of the Government of New Zealand or of a foreign country or of a person or body holding a public office or exercising a function of a public nature under the law of New Zealand or a foreign country; or

forms part of the official records of an international organisation; or

is being kept by, or on behalf of, a branch of any government, person, body, or organisation referred to in subparagraph (i) or (ii), for the purpose of carrying out the official functions of that government, person, body, or organisation; but

6

(b) in sections 145 to 147, has the meaning set out in section 145 seal includes a stamp

self-incrimination means the provision by a person of information that could reasonably lead to, or increase the likelihood of, the prosecution of that person for a criminal offence

sexual case means a criminal proceeding in which a person is charged with, or is waiting to be sentenced or otherwise dealt with for,—

(a) an offence against any of the provisions of sections 128 to 142A or section 144A of the Crimes Act 1961; or
(b) any other offence against the person of a sexual nature

statement means—

(a) a spoken or written assertion by a person of any matter; or
(b) non-verbal conduct of a person that is intended by that person as an assertion of any matter

veracity rules means the rules described in section 37

video record means a recording on any medium from which a moving image may be produced by any means; and includes an accompanying sound track

visual identification evidence means evidence that is—

(a) an assertion by a person, based wholly or partly on what that person saw, to the effect that a defendant was present at or near a place where an act constituting direct or circumstantial evidence of the commission of an offence was done at, or about, the time the act was done; or
(b) an account (whether oral or in writing) of an assertion of the kind described in paragraph (a)

voice identification evidence means evidence that is an assertion by a person to the effect that a voice, whether heard first-hand or through mechanical or electronic transmission or recording, is the voice of a defendant or any other person who was connected with an act constituting direct or circumstantial evidence of the commission of an offence

witness means a person who gives evidence and is able to be cross-examined in a proceeding.

(2) A hearing commences for the purposes of this Act when at the substantive hearing of the issues that are the subject of proceedings the party having the right to begin commences to state that party’s case or, having waived the right to make an opening address, calls that party’s first witness.

Answer 367

A

3 Interpretation

(1) In this Act, unless the context otherwise requires,—

access, in relation to any computer system, means instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system

access information includes codes, passwords, and encryption keys, and any related information that enables access to a computer system or any other data storage device

arms means any firearm, airgun, pistol, restricted weapon, imitation firearm, or explosive (as those terms are defined in section 2 of the Arms Act 1983), or any ammunition

business context, in relation to the acquisition of any information by a person, means the acquisition of the information in the person’s capacity as—

(a) a provider of professional services or professional advice in relation to a person who is being investigated, or 1 or more of whose transactions are being investigated, in respect of an offence; or
(b) a director, manager, officer, trustee, or employee of an entity that is being investigated, or 1 or more of whose transactions are being investigated, in respect of an offence

category 3 offence has the same meaning as in section 6 of the Criminal Procedure Act 2011

category 4 offence has the same meaning as in section 6 of the Criminal Procedure Act 2011

chief executive—

(a) means the chief executive (however described) of any department of State, Crown entity, local authority, or other body that employs or engages enforcement officers as part of its functions; and
(b) includes the Commissioner

Commissioner means the Commissioner of Police

computer system—

(a) means—
(i) a computer; or
(ii) 2 or more interconnected computers; or
(iii) any communication links between computers or to remote terminals or another device; or
(iv) 2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device; and
(b) includes any part of the items described in paragraph (a) and all related input, output, processing, storage, software, or communication facilities, and stored data

constable has the same meaning as in section 4 of the Policing Act 2008

controlled drug has the same meaning as in section 2(1) of the Misuse of Drugs Act 1975

Crown entity has the same meaning as in section 7(1) of the Crown Entities Act 2004

Customs officer has the meaning given to it in section 2(1) of the Customs and Excise Act 1996

District Court Judge means a Judge appointed under the District Courts Act 1947

enforcement officer means—

(a) a constable; or
(b) any person authorised by an enactment specified in column 2 of the Schedule, or by any other enactment that expressly applies any provision in Part 4, to exercise a power of entry, search, inspection, examination, or seizure

equipment includes fingerprint powder and any chemical or other substance used for law enforcement purposes

evidential material, in relation to an offence or a suspected offence, means evidence of the offence, or any other item, tangible or

intangible, of relevance to the investigation of the offence

examination order means an examination order made under section 38

informant has the same meaning as in section 6(1) of the Criminal Disclosure Act 2008

intercept, in relation to a private communication, includes hear, listen to, record, monitor, acquire, or receive the communication either —

(a) while it is taking place; or
(b) while it is in transit

interception device—

(a) means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to intercept or record a private communication (including a telecommunication); but
(b) does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing

issuing officer means—

(a) a Judge:
(b) a person, such as a Justice of the Peace, Community Magistrate, Registrar, or Deputy Registrar, who is for the time being authorised to act as an issuing officer under section 108

Judge means a District Court Judge or a Judge of the High Court

law enforcement agency means any department of State, Crown entity, local authority, or other body that employs or engages enforcement officers as part of its functions

local authority means a local authority within the meaning of section 5(1) of the Local Government Act 2002

medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

non-business context means a context other than a business context

non-private premises means premises, or part of a premises, to which members of the public are frequently permitted to have access, and includes any part of a hospital, bus station, railway station, airport, or shop

nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of general nursing functions

Police article has the same meaning as in section 4 of the Policing Act 2008

Police bail has the same meaning as in Part 2 of the Bail Act 2000

Police employee has the same meaning as in section 4 of the Policing Act 2008

Police uniform has the same meaning as in section 4 of the Policing Act 2008

precursor substance has the same meaning as in section 2(1) of the Misuse of Drugs Act 1975

private activity means activity that, in the circumstances, any 1 or more of the participants in it ought reasonably to expect is observed or recorded by no one except the participants

private communication—

(a) means a communication (whether in oral or written form, or in the form of a telecommunication, or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but
(b) does not include a communication of that kind occurring in circumstances in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person without having the express or implied consent of any party to do so

private premises means a private dwellinghouse, a marae, and any other premises that are not within the definition of non-private premises

production order means a production order made under section 74

raw surveillance data—

(a) means actual video recordings or actual audio recordings; and
(b) includes full transcripts, or substantial parts of transcripts, of audio recordings

remote access search means a search of a thing such as an Internet data storage facility that does not have a physical address that a person can enter and search

road block means any form of barrier or obstruction preventing or limiting the passage of vehicles

rub-down search means a search described in sections 85(2), 86, and 87

search power, in relation to any provision in this Act, means—

(a) every search warrant issued under this Act or an enactment set out in column 2 of the Schedule to which that provision is applied; and
(b) every power, conferred under this Act or an enactment set out in column 2 of the Schedule to which that provision is applied, to enter and search, or enter and inspect or examine (without warrant) any place, vehicle, or other thing, or to search a person

strip search means a search where the person conducting the search may require the person being searched to undress, or to remove, raise, lower, or open any item or items of clothing so that the genitals, buttocks, or (in the case of a female) breasts are—

10

s 4

(a) uncovered; or
(b) covered only by underclothing

surveillance device means a device that is any 1 or more of the following kinds of devices:

(a) an interception device:
(b) a tracking device:
(c) a visual surveillance device

thing seized does not include anything made or generated by a person exercising a search or surveillance power (for example, photographs, drawings, or audio or video recordings made by or on behalf of that person, or a forensic copy of a computer hard drive)

tracking device—

(a) means a device that may be used to help ascertain, by electronic or other means, either or both of the following:
(i) the location of a thing or a person:
(ii) whether a thing has been opened, tampered with, or in some other way dealt with; but
(b) does not include a vehicle or other means of transport, such as a boat or helicopter

trespass surveillance means surveillance that involves trespass to land or trespass to goods

unique identifier, in relation to an enforcement officer, means an identifier, used to identify the officer, that is not his or her name and that—

(a) is assigned to him or her by the law enforcement agency that employs or engages him or her for the purposes of its operations; and
(b) uniquely identifies him or her in relation to the law enforcement agency

unlawfully at large, in relation to a person, means that he or she is any 1 or more of the following:

(a) a person for whose arrest a warrant (other than a warrant issued under Part 3 of the Summary Proceedings Act 1957) is in force:
(b) unlawfully at large within the meaning of the Corrections Act 2004 or the Parole Act 2002:
(c) a prison breaker within the meaning of section 119 of the Crimes Act 1961:
(d) an escapee from lawful custody within the meaning of section 120 of the Crimes Act 1961:
(e) a special patient or restricted patient within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 who has escaped or failed to return on the expiry or cancellation of a period of leave:
(f) a care recipient or special care recipient within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 who has escaped or failed to return on the expiry or cancellation of a period of leave:
(g) a young person within the meaning of the Children, Young Persons, and Their Families Act 1989 who is subject to an order made under section 311(1) of that Act and who is absconding from the custody of the chief executive (as defined in that Act)

vehicle means any conveyance that is capable of being moved under a person’s control, whether or not the conveyance is used for the carriage of persons or goods, and includes a motor vehicle, aircraft, train, ship, or bicycle

visual surveillance device—

(a) means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device

that is used or is capable of being used to observe, or to observe and record, a private activity; but

(b) does not include spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision

*visual trespass surveillance** means trespass surveillance involving the use of a visual surveillance device.
(2) For the purposes of the definition of computer system, a computer is interconnected with another computer if it can be lawfully used to

provide access to that other computer—

(a) with or without access information; and
(b) whether or not either or both computers are currently turned on; and
(c) whether or not access is currently occurring.

Answer 368

A

Definition of Adult

A person aged 17 years or older at the time of reporting a sexual assault.

Answer 369

A

Sexual assault:

Sexual assault includes but is not limited to:

sexual violation by rape or unlawful sexual connection
_indecent assault _
any form of unwanted or coercive touching or actions of a sexual nature or in circumstances of indecency
any sexual abuse or exploitation by way of _coercion, deceit, power of authority or mistaken belief _
incest.

Answer 370

A

Victim:

The person whom a sexual assault has been committed against.
Can also be referred to as the survivor.

Answer 371

A

KPP 3 – Appropriate Crisis Support

Appropriate sexual assault support for ASA victims is provided by

Specially trained group or agency including Iwi and Maori groups providing specialist sexual assault support or counselling services
Where there are no such groups available locally, trained sexual assault counsellor.

Note: the role of a specialist sexual assault support group or agency or trained sexual assault counsellor is to maximise the psychological and emotional well-being of the victim. To this end, they may also be an independent advocate for the victim.

Arranging initial sexual Assault support

1) Advise victim ASAP after receiving complaint of their right to a support person.

let them know Police will arrange.
They can have input as to who provides support and when.

2) Contact your local specialist sexual assault support regardless of victims initial response to the offering of support.

Whatever the victim initial response to the ASA is it is very likely they will need specialist emotional support as the investigation progresses.
encourage the victim to meet the support person alone. This allows the support person to inform the victim on what help they can give.

3) If the victim declines a support person and prefers to have family support them, inform the victim of the implications of their decision

Support person is experienced and they can still have family present.
Family members may also be traumatised and require support.
Family members may become potential witnesses.
Parents and intimate partners present can create issues of frank and open disclosures.

NOTE: If the victim remains unwilling to accept Support Person provide brochure with contact details.

Answer 372

A

KKP 4 Purpose of preliminary interviews

At this stage of the investigation process, a full investigation should be underway and information obtained during initial contacts passed on to an ASA investigator.

In most sexual assault investigations, a preliminary interview (the recognised interview/conversation with a victim) is necessary for investigators to gain a better understanding of what has occurred and to determine:

What further investigative actions are necessary
Whether an offence may have occurred, and
Whether the victim wishes to make a formal complaint.

Procedures for conducting preliminary interviews

4 steps to preliminary interviews of ASA victims

<!–StartFragment–>

(1) Ensure:

victim is safe
all necessary initial contact actions have been undertaken
the interview environment is comfortable and private, and evidence neutral.

<!–EndFragment–>(2) As soon as sexual assault established:

immediately arrange for a specialist sexual assault support worker for the victim to provide emotional care.
If victim is very distressed, do not proceed without specialist support unless information is required urgently or a person’s safety is at risk.

(3)

Following investigative interviewing procedures for witnesses, ask the witness ‘TEDS’ to establish:

What has happened?
When did this take place?
Where did it take place?
Who is the offender?

Avoid asking “why” or “how”. Take care not to contaminate the victim’s recall of the events. They will be interviewed in more detail later.

After the Preliminary Interview

(1) Reasses investigation – What further is required:

Public safety – likelihood of similar offending.
Need to secure fragile or diminishing evidence (tox kit etc)
Secure & contain crime scene
ID & locate witnesses
ID & / or apprehend suspect.

2) Photo of victim necessary for evidential purposes ?

Compare with CCTV
For the Police File

3) If victims clothing needs to be sezied make sure a provide new set for them.
4) Regardless of whether further action to be taken or victim wants to make a complaint, ensure the victim aware of the support services available (medical examination/care and intervention through specialist sexual assault support services).

<!–EndFragment–>

Answer 373

A

KPP 5 - Information to be provided to Victim

(1) Give information of the support services ASAP.
* Police should contact the support service ASAP.
(2) Provide info on Police Investigation process and realistic expectations of likely timing of stages for:

Initial action
Scene examination
Medical examination
Formal Interview
Taking / holding of exhibits
Subsequent Court Procedure

(3) Clarify victims expectations of reporting.

Do they want to make a formal complaint; or
Seeking info from Police to enable them to make a decision on how to proceed.

If the victim does not want to make a formal complaint but there is need to disclose info to the suspect. You must inform the complainant of this.

(4) Victim must get the opportunity to comment on needs in relation to

ASA investigator
Specialist adult witness interview
Medical doctor
Support person

Victims views should be strongly considered and attempts made to fulfil them.

(5) Provide progress update to the victim during investigation. Record all contact in NIA.
(6) Most ASA victims meet criteria for S29. Ensure victim is informed of :

charges laid
court dates
bail application
appeals

(7) Discuss with victim if a Prosecution should or would continue if complaint is withdrawn.
(8) Explain and discuss decisions not to proceed with investigation or prosecution and assist the victim to understand the reasons why.

Answer 374

A

KKP 6 Medical forensic examinations

Primary objective of examination

The ASA victim’s well being and safety is paramount. Primary objective of a medical forensic examination is:

the victim’s physical, sexual and mental health and safety.
of secondary importance is the opportunity to collect trace evidence.

Investigators should ensure the medical forensic examination is promoted to victims in this way.

Timing of medical forensic examinations

ASA investigators should always make decisions about examination timing and type in consultation with a medical forensic practitioner.

**Acute or a suspected drug facilitated sexual assault (1-7 days) **
- A medical forensic practitioner must be contacted as soon as possible. The timing of the forensic examination is particularly important in the first seven days after an assault.
- Ideally an examination should be conducted within 24 hours and before the evidence is lost and formal interview is completed.
Non-acute (7 days - 6 months)
- Always refer the victim for SAATS medical care, even in cases when a forensic examination is unlikely to generate trace evidence because of the time passed since the assault.
- Forensic evidence can still be captured in the early days of non-acute reported cases. For example, bruising or genital symptoms may still be evident at 10 or more days after a serious assault.

Before conducting medical forensic examinations

Step 1:

Explain to the victim:

examination will be conducted by a medical forensic practitioner specially trained in examining sexual assault victims
has potential health benefits and can assist Police obtain evidence to apprehend the offender
The expected duration of the examination (2 hours”) and, if appropriate, possible outcomes of the examination.

Note:

Address victims concerns about the gender of the practitioner conducting the examination.
Advise that you will try to accommodate their wishes (Research indicates most ASA victims identify gender as an issue indicating a preference for examination by a female practitioner).

Step 2:

Contact the medical forensic practitioner on call and:

advise victim’s age and gender - may impact on the suitability of the practitioner
advise _time of sexual assault occurance _
give a very brief outline of the information known so far, including:
- drugs involved
- victim’s injuries
- level of intoxication
- known health concerns
victim’s wishes about gender of the examining practitioner
When necessary, discuss whether a child’s sexual assault complaint should be investigated using the ASA procedures (or vice versa).

Providing this information will allow the practitioner to assess:

the best timing and approach for the examination
How to best meet the victim’s wishes regarding the gender of the examining practitioner

Step 3:

Arrange times for the medical forensic practitioner to be at the examination venue and provide access to the examination room when necessary.

**Step 4 : **

Ensure:

victim has opportunity to speak to a specialist sexual assault support worker
any support person chosen has not been in contact with any suspects.

Step 5:

Use toxicology kits for early evidence capture in appropriate cases, pending the medical/forensic examination. There may be a delay of several hours during the working week, as most services rely on clinicians who have other daytime jobs.
Remember: If the case is very recent (acute), remind the victim to refrain from the actions set out in step 6 of the Initial actions on contact.

Step 6:

Unless you are sure a change of clothing (including undergarments) will be available at the examination venue, arrange a change of clothing for the victim for after their examination.

Step 7:

take a MEK & toxicology kit to the examination venue

Step 8:

Ensure the officer attending the examination has all relevant information so that the practitioner can be fully briefed (e.g. photocopies of any notes from preliminary interviews and other relevant notebook entries).

After the examination:

Step 1:

After conducting the examination, the practitioner:

seals and labels all samples with the victim’s name, date and time taken and places in MEK
Bags, seals and labels any items of clothing removed during the examination.

Step 2:

Before sealing MEK, the attending officer debriefs with the practitioner asking them to:

advise on any immediate needs of the victim (remember that their safety and well-being is paramount)
verbally summarise the exhibits and advise their possible significance in the investigation
identify any forensic items required to be analysed by ESR as soon as possible to minimise loss of evidential benefits
identify any injuries that to be photographed (i.e. non-intimate injuries)
identify any significant disclosures made by the victim during the examination which:
- may be useful in the Police investigation, or
- in the case of under 17 years being dealt with under these procedures, require notification to CYF.
- All information from the debrief should be captured on the investigation officer’s evidential statement and attached to the case file.

Step 3:

The practitioner seals MEK in the officer’s presence
hands sealed MEK, toxicology kit (where relevant) and clothing removed to Police the
The practitioner keeps the original medical protocol form. (The duplicate is sent to ESR within the sealed MEK and Police retain the triplicate for the case file).

Step 4:

Police secure the sealed kit in an appropriate refrigerator (not a freezer) until delivered to ESR. Once it is established that analysis is required, follow local procedures for the delivery of specimens to the ESR as soon as practicable.
Note: If the kit contains specimens identified by the practitioner as requiring urgent examination to minimise loss of evidence (e.g. tampons or toxicology) the kit must be sent to ESR without delay.

Step 5:

Police collect and preserve any clothing worn by the victim during the offence that has not already been bagged by the medical forensic practitioner.
Appropriately package and label each item of clothing separately to avoid cross-contamination.

Answer 375

A

THE PROCESS

The appreciation process –

Fix a firm AIM or objective
Study all the FACTORS involved
Consider the different COURSES OPEN and select the one that is best and most appropriate to the circumstances
Make a PLAN to implement the chosen course
An appreciation is a proven method of problem solving. The process follows a series of set steps to ensure the optimum course of action is decided upon.
It considers all appropriate factors and w_eighs the benefits and risks_ of all alternative solutions, allowing sound decisions to be taken.
An appreciation is an ongoing process which involves continually thinking through each new piece of information as it is uncovered.

A full written appreciation may be used for protracted situations. However in most urgent or pressing situations where immediate initial action is required, a shortened form of appreciation is usually conducted mentally i.e. not in writing, for speed.

Answer 376

A

Aim

<!–StartFragment–>Definition

AIM - The first is to review the information you have and identify from this information the “Commanders Intent” (Aim or goal) and any constraints that have been placed on you. The aim is the whole object of the exercise, what you are trying to achieve.

An aim is a short (one line) statement which succinctly demonstrates a single objective.

Technique<!–StartFragment–>

The aim must be clear, accurate and concise.
It must be chosen carefully as the wrong aim will produce the wrong result.
The aim of the appreciation process should be borne in mind at all times, particularly when making decisions.

<!–EndFragment–>

Answer 377

A

<!–StartFragment–>Factors

<!–StartFragment–>Definition:

FACTORS – A factor is a fact, influence or circumstance contributing to a result. For each factor and each deduction ask “so what” and “therefore”. Common factors include;

A factor is any circumstance or fact that could possibly have an effect on the manner in which you will achieve your desired outcome.

(examples of factors that may determine how actions are prioritised at the scene):

Human resources
Persons to be policed
Ground
Time
Area
Climate
Administration and logistics
Communications
Courses open to persons to be policed
Law
further risk to life
the location of possible suspects,
resources available,
evidence requiring preservation,
the environment and weather conditions
history of the relevant parties

Technique:

<!–StartFragment–>Ask the question: “So what? What does this mean?” in order to thoroughly examine each factor and draw logical conclusions from it.

e.g. “I only have 5 staff available, so what does this mean?”

The answer to this question leads to a logical conclusion or conclusions; for example “I only have 5 staff, therefore ……I must prioritise the tasks to be completed”. The key word is “therefore”.
This is because it prompts the logical conclusion(s) that can be derived from the question “what does this mean?”
Any deductions made, must in turn be examined themselves, to see whether they in turn will yield further deductions, and so on.

<!–EndFragment–>

<!–EndFragment–>

Answer 378

A

Courses Open

Definition:

COURSES OPEN – What could be done, bearing in mind the factors and the deductions made from the factors?

Discuss the advantages and disadvantages of each course and this should identify the best option available.

The best course should be the one which helps you to complete your aim.

<!–StartFragment–>Courses open are a list of all the possible ways the aim could be achieved, bearing in mind the factors and the deductions made from those factors.

Technique:<!–StartFragment–>

Advantages, disadvantages and risks of each alternative must be carefully examined and evaluated.

These questions must be asked:

What are the possible results or consequences of each alternative? ·
Which alternative is the most appropriate way to reach the objective? ·
From these considerations, decide on the most appropriate course to achieve your aim.

<!–EndFragment–>

Answer 379

A

Plan

<!–StartFragment–>Definition:

PLAN –

Having selected the best course open, the final step is planning.
The plan is the logical result of the appreciation.
It should not introduce any new matter that was not previously considered.

A plan is a proposed course of action designed to put the selected course into action in order to achieve the desired aim.

Technique:<!–StartFragment–>

A plan must be:

the logical outcome of the Appreciation
clear, concise and leaves no room for misinterpretation
designed to avoid introducing matters not previously considered by the appreciation
consistently considerate of safety issues
recorded
delivered to staff using the ‘SMEAC’ format, ie. Situation, Mission, Execution, Administration & Logistics and Command & Signals.

<!–EndFragment–>

Answer 380

A

CHIS

A Handler or Co-Handler is a Police constable who has completed training to Level 1 in CHIS Handling.
A Co-Handler assists the primary Handler or assumes the Handler’s role and responsibilities when required.

Recruitment and registration