Priority Topics

Question 1

What is the definition of intent and where is it found in legislation?

Answer 1

No Act/Section.

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.

Question 2

What is the definition of consent and where is it found in legislation?

Answer 2

No Act/Section

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

Question 3

What is the definition of recklessness and where is it found in legislation?

Answer 3

No Act/Section

A conscious and deliberate taking of an unjustifiable risk.

Question 4

What is the definition of a firearm and where is it found in legislation?

Answer 4

S2 Arms Act `1983

Firearm -

(a) Means anything from which any shot, bullet, missile or other projectile can be discharged by force of explosive; and
(b) Includes -
(i) Anything that has been adapted so that if can be used to discharge a shot, bullet, missile or other projectile by force of explosive; and
(ii) Anything which is not for the time being capable of discharging any shot, bullet, missile or other projectile but which, by it’s completion or the replacement of any component part or parts or the correction or repair of any defect or defects, would be a firearm within the meaning of paragraph (a) of this definition or subparagraph (i) of this paragraph; and
(iii) Anything (being a firearm within the meaning of paragraph (a) or subparagraph (i) of this paragraph) which is for the time being dismantled or partially dismantled; and
(iv) Any specially dangerous airgun.

Question 5

What is the definition of burglary and where is it found in legislation?

Answer 5

S231 CA1961

(1) Every one commits burglary and is liable to imprisonment for a term not exceeding 10 years who—
(a) enters any building or ship, or part of a building or ship, without authority and with intent to commit an imprisonable offence in the building or ship; or
(b) having entered any building or ship, remains in it without authority and with intent to commit an imprisonable offence in the building or ship.

Question 6

What is the definition of rape and where is it found in legislation?

Answer 6

S128(2) CA1961

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,—

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

Question 7

What is the definition of unlawful sexual connection and where is it found in legislation?

Answer 7

S128(3) CA1961

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.

Question 8

What is the definition of controlled drug and where is it found in legislation?

Answer 8

S2 MODA 1975

Controlled drug means any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3; and includes any controlled drug analogue.

Question 9

What is the definition of grievous bodily harm and where is it found in legislation?

Answer 9

No Act/Section

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

Question 10

What is the definition of injury and where is it found in legislation?

Answer 10

S2 CA1961

To injure means to cause actual bodily harm.

Question 11

What was held in R v Cox (consent)?

Answer 11

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

Question 12

What was held in R v Mohan?

Answer 12

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

Question 13

What was held in R v Waaka?

Answer 13

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

Question 14

What was held in R v Strawbridge?

Answer 14

It is not necessary for the Crown to establish knowledge on the part of the accused. In the absence of evidence tot he contrary knowledge on her part will be presumed, but if there is some evidence that 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.

Question 15

What was held in Police v Emerali?

Answer 15

The seriousness of possessing a narcotic does not extend to some minute and useless residue of the substance.

Question 16

What was held in R v Gutuama?

Answer 16

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

Question 17

What was held in R v Koroheke?

Answer 17

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.

Question 18

What was held in R v Harney?

Answer 18

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

Question 19

What is the definition of theft and where is it found in legislation?

Answer 19

S219(1) CA1961

Theft or stealing is the act of,—

(a) dishonestly and without claim of right, taking any property with intent to deprive any owner permanently of that property or of any interest in that property; or
(b) dishonestly and without claim of right, using or dealing with any property with intent to deprive any owner permanently of that property or of any interest in that property after obtaining possession of, or control over, the property in whatever manner.

Question 20

What is the definition of property and where is it found in legislation?

Answer 20

S2 CA1961

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.

Question 21

What is the definition of vehicle and where is it found in legislation?

Answer 21

S2 LTA 1998

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

Question 22

What is the definition of building and where is it found in legislation?

Answer 22

S231(2) CA1961

Building means any building or structure of any description, whether permanent or temporary; and includes any tent, caravan or houseboat; and also includes any enclosed yard or closed cave or closed tunnel.

Question 23

What is the definition of penetration and where is it found in legislation?

Answer 23

No Act/Section
Introduction and penetration have the same meaning.

S2(1A) CA1961
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.

Question 24

What was held in R v Tihi?

Answer 24

In addition to one of the specific intents outlined in paragraphs (a) (b) (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 risk of suffering it.”

Question 25

What was held in R v Lapier?

Answer 25

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

Question 26

What was held in R v Taisalika?

Answer 26

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.

Question 27

What was held in R v Chartrand?

Answer 27

Without lawful justification, authority or excuse.

Question 28

What was held in R v Crossan (kidnapping)

Answer 28

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

Question 29

What is the definition of immovable property and where is it found in legislation?

Answer 29

No Act/Section.

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.

Question 30

What is the definition of fire damage and where is it found in legislation?

Answer 30

No Act/Section.

Although fire damage will often involve burning or charring, it is not necessary that the property is actually set alight; melting, blistering of paint or significant smoke damage may be sufficient.

Question 31

What is the definition of proof of penetration and where is it found in legislation?

Answer 31

No Act/Section

Proof of penetration is required, and may be provided by the complainant’s evidence, medical examination (DNA/injuries) or the accused’s admissions.

Question 32

What is the definition of reasonable grounds (3 step process) and where is it found in legislation?

Answer 32

No Act/Section.

Subjective Test 1: Step 1 - Absence of Consent
What was the complainant thinking at the time? Was he/she consenting?

Subjective Test 2: Step 2 - Belief in Consent
If he/she were not consenting did the offender believe the complainant was consenting? What was the offender thinking at the time?

Objective Test: Step 3 - RG for Belief in Consent
If the offender believed the complainant was consenting, was that belief reasonable in the circumstances? What would a reasonable person have believed if placed in the same position as the Defendant?

Question 33

What is the definition of maim and where is it found in legislation?

Answer 33

No Act/Section

Will involve mutilating, crippling or disabling a part of the body so as to deprive the victim of use of a limb or of one of the senses. There needs to be some degree of permanence.

Question 34

What is the definition of disfigure and where is it found in legislation?

Answer 34

No Act/Section

To “disfigure” means “to deform or deface; to mar or alter the figure or appearance of a person.”

Question 35

What was held in R v Lucinsky?

Answer 35

The 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.

Question 36

What was held in Ashton v Police?

Answer 36

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 CA1961 he is deemed to be in charge of a dangerous thing.

Question 37

What was held in R v Pryce?

Answer 37

Detaining is an active concept meaning to “keep in confinement or custody.” This is to be contrasted to the passive concept of “harbouring” or mere failure to hand over.

Question 38

What was held in R v Wellard?

Answer 38

The essence of the offence of kidnapping is the “deprivation of liberty coupled with a carrying away from the place where the victim wants to be”.

Question 39

What was held in R v Galey?

Answer 39

“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.”

Question 40

What was held in R v Joyce?

Answer 40

“Being together” requires two or more people acting (physically present together) in the commission of an offence.

Question 41

What is the definition of sexual connection and where is it found in legislation?

Answer 41

S2 CA1961

(a) connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of—
(i) a part of the body of another person; or
(ii) an object held or manipulated by another person; or

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

Question 42

What is the definition of claim of right and where is it found in legislation?

Answer 42

S2 CA1961

Claim of Right, 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