Progress Tests 1- 4 Flashcards
Progress Test 1
Q. Wounding with intent is an offence under s188 of
the Crimes Act 1961. Subsections (1) and (2) both
relate to actions that result in wounding, maiming,
disfiguring or grievous bodily harm to the victim.
What is the difference between the two sections?
Answer:
Whilst both sections of Wounding with intent pursuant of s188 of the Crimes Act 1961 relate to actions that result in wounding, maiming, disfiguring or grievous bodily harm to the victim the difference is the offender’s intent.
Progress Test 1
Q. In the context of s191 of the Crimes Act 1961, the
offender causes harm to the victim in the process of
committing an imprisonable offence.
This harm is caused for one of three intents. Name the three intents?
Answer:
Section 191 of the Crimes Act 1961 specifies harm for anyone of one of the following purposes:
− intent to commit or facilitate the commission of any
imprisonable offence
− intent to avoid the detection of himself or of any
other person in the commission of any imprisonable
offence
− intent to avoid the arrest or facilitate the flight of
himself or of any other person upon the commission
or attempted commission of any imprisonable
offence.
Progress Test 1
Q. What was held in R v Crossan in relation to section
191 Crimes Act 1961?
Answer:
R v Crossan, Incapable of resistance includes a powerlessness of the will as well as a physical incapacity. The term violent means is not limited to physical violence and may include threats of violence depending on the circumstances.
Progress Test 1
Q. Section 198(1) Crimes Act 1961, Discharging a firearm
with intent to do grievous bodily harm, sets out
three offences. Summarise those offences.
Answer:
Discharging firearm or doing dangerous act with intentEvery one is liable to imprisonment for a term not exceeding 14 years who, with intent to do grievous bodily harm,—
Discharges any firearm, airgun, or other similar weapon at any person; or
Sends or delivers to any person, or puts in any place, any explosive or injurious substance or device; or
Sets fire to any property
Progress Test 2
Q. What was held in R v Skivington?
Answer:
1. “Larceny [or theft] is an element 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 elements in the offence of robbery, without proof of which the full offence is not made out.”
Progress Test 2
Q. What factors elevate the offence of Robbery
(section 234 Crimes Act 1961) to Aggravated
(section 235 Crimes Act 1961)?
Answer:
(a) At the time of immediately before or after “Caused GBH to any person”
(b) Being together with any other person robs any person
(c) Being armed with any offensive weapon or instrument or anything appearing to be a weapon robs any other person
Progress Test 2
Q. Define Claim of Right.
Answer:
A 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
Progress Test 2
Q. John waits down the road as a look out. Bill runs in
and uses violence to steal cigarettes. Although they
have acted jointly in the offending why is it not an
aggravated robbery by being together with?
Answer:
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 time of the robbery. In this case they were not physically together at the time of the robbery. They are both guilty of Robbery. R v Joyce [1968] NZLR 1070
Progress Test 2
Q. Can a finger up a jersey pretending to be a gun be
defined as an instrument or an item appearing to be
an offensive weapon? Explain your answer referring
to case law.
Answer:
A “thing” does not include a part of a person’s body.
In R v Bentham the defendant broke into a house where the victim was asleep in bed and put his hand under his jacket, pushing the material out to give the impression he had a gun.
He threatened to shoot the victim, who handed over money as a consequence of the threat. The House of Lords held that the term “any thing” did not include the defendant’s unsevered hand.
A person who uses his fingers to simulate the possession of a firearm is not armed with any “thing” and does not commit aggravated robbery.
Progress Test 3
Q. What was held in R v Crossan with regard to “taking
away and detaining”?
Answer:
Taking away and detaining are “separate and distinct offences. The first consists of taking [the victim] away; the second of detaining her.
The first offence was complete when the prisoner took the woman away against her will.
Then, having taken her away, he detained her against her will, and his conduct in detaining her constituted a new and different offence.
Progress Test 3
Q. Define Consent as set out in R v Cox.
Answer:
Consent must be full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgement.
Progress Test 3
Q. List the three intents defined under Kidnapping
(section 209(a), (b)and (c) of the Crimes Act 1961).
Answer:
The three intents are:
(a) With intent to hold for him or her for ransom or to service or
(b) With intent to cause him or her to be confined or imprisoned or
(c) With intent to cause him or her to be sent or taken out of New Zealand
Progress Test 3
Q. For a conviction under s210(1) of the Crimes Act 1961 the Crown must prove what?
Answer:
The defendant took, enticed or detained a person under the age of 16 years;
(d) The taking, enticement or detention was deliberate or intentional;
(e) The taking, enticement or detention was from a person who had lawful care of the young person;
(f) The defendant knew the other person had lawful care of the young person;
(g) The taking, enticement or detention was “unlawful”; and
(h) It was done with intent to deprive a parent, guardian” or other person having lawful care or charge of the young person” of possession of that young person.
Progress Test 3
Q. Can a young person consent to being taken away
for the purpose of sections 209 to 210 Crimes Act
1961? Explain your answer.
Answer:
They cannot consent to being taken away (section 210(3) Crimes Act 1961). For the purposes of subsection (1) and (2) it is immaterial whether the young person consents, or is taken or goes or is received at his or her own suggestion.
Progress Test 4
Q. What is the key difference between Migrant
Smuggling and People Trafficking?
Answer:
Migrant smuggling involves a person who has freely consented to be brought into New Zealand as an illegal immigrant and is not subjected to coercion or deception.
People trafficking involves a person who is brought into New Zealand by means of coercion and/or deception. People are often trafficked in order to exploit them in the destination country, e.g. as forced labour, for removal of their organs or most commonly, for sexual exploitation.
