Sections, Elements, Case Law Flashcards
Wounding with Intent (GBH)
Wounding with Intent
Section 188(1), Crimes Act 1961
With intent to cause grevious bodily harm
- R v Taisalika*
- R v Collister*
- DPP v Smith*
- Commit the act / Specific Intent*
To any person
Wounds
R v Waters
or Maims
or Disfigures
R v Rapana and Murray
or Causes grevious bodily harm
To any person
Wounding with Intent (Injures)
Wounding with Intent to Injure
Section 188(2), Crimes Act 1961
With intent to injure any person
- R v Taisalika*
- R v Collister*
- Commit the act / Specific Intent*
- To cause actual bodily harm*
or With reckless disregard to the safety of others
- R v Mcarthur*
- Camerson v R*
- R v Tipple*
Subjective / Objective test
Wounds
R v Waters
or Maims
or Disfigures
R v Rapana and Murray
or Causes grevious bodily harm
To any person
Injuring with Intent (GBH)
Injuring with intent
Section 189(1), Crimes Act 1961
With intent to cause grevious bodily harm
- R v Taisalika*
- R v Collister*
- DPP v Smith*
- Commit the act / Specific Intent*
To any person
Injures
R v Mcarthur
To cause actual bodily harm
Any person
Injuring with Intent to Injure
Injuring with Intent to Injure
Section 189(2), Crimes Act 1961
With intent to injure any person
- R v Mcarthur*
- R v Collister*
- R v Taisalika*
- To cause actual bodily harm*
- To commit the act and get specific result*
or With reckless disregard for the safety of others
- Cameron v R*
- R v Tipple*
- Subjective / Objective test*
Injures
To cause actual bodily harm
Any person
Aggravated Wounding (To commit or facilitate)
Aggravated Wounding
Section 191(1)(a), Crime Act 1961
Any person
JN and CE
With Intent
- R v Taisalika*
- R v Collister*
To commit the act and to get a specific result
To commit
or Facilitate the commision of
Make possible or make easy / easier
Any imprisonable offence
An offence punishable by imprisonment
- R v Wati*
- R v Tihi*
Wounds
R v Waters
Maims
Disfigures
R v Rapana and Murray
Causes grevious bodily harm
DPP v Smith
Stupefies
Induce a state of stupor
R v Sturm
Renders unconcious
Cause to become
By any violent means renders any person incapable of resistance
R v Crossan
Any person
Proven by JN and CE
Aggravated Wounding (Avoid detection)
Aggravated Wounding
Section 191(1)(b), Crime Act 1961
Any person
JN and CE
With Intent
- R v Taisalika*
- R v Collister*
To commit the act and to get a specific result
To avoid the detection of
Himself
or Any other person
in the commision of any imprisonable offence
An offence punishable by imprisonment
- R v Wati*
- R v Tihi*
Wounds
R v Waters
Maims
Disfigures
R v Rapana and Murray
Causes grevious bodily harm
DPP v Smith
Stupefies
Induce a state of stupor
R v Sturm
Renders unconcious
Cause to become
By any violent means renders any person incapable of resistance
R v Crossan
Any person
Proven by JN and CE
Aggravated Wounding (Avoid arrest)
Aggravated Wounding
Section 191(1)(c), Crime Act 1961
Any person
JN and CE
With Intent
- R v Taisalika*
- R v Collister*
To commit the act and to get a specific result
To avoid the arrest
or faciliate the flight
of himself
or any other person
upon the commision or attempted commission of any imprisonable offence
An offence punishable by imprisonment
- R v Wati*
- R v Tihi*
Wounds
R v Waters
Maims
Disfigures
R v Rapana and Murray
Causes grevious bodily harm
DPP v Smith
Stupefies
Induce a state of stupor
R v Sturm
Renders unconcious
Cause to become
By any violent means renders any person incapable of resistance
R v Crossan
Any person
Proven by JN and CE
Aggravated Assault (To commit or facilitate)
Aggravated Assault
Section 192(1)(a), Crime Act 1961
Any person
JN and CE
With Intent
- R v Taisalika*
- R v Collister*
To commit the act and to get a specific result
To commit
or Facilitate the commision of
Make possible or make easy / easier
Any imprisonable offence
An offence punishable by imprisonment
- R v Wati*
- R v Tihi*
Assaults
Intentionally applies force to another
R v Mcarthur
Any person
Proven by JN and CE
Aggravated Assault (Avoid detection)
Aggravated Assault
Section 192(1)(b), Crime Act 1961
Any person
JN and CE
With Intent
- R v Taisalika*
- R v Collister*
To commit the act and to get a specific result
To avoid the detection of
Himself
or Any other person
in the commision of any imprisonable offence
An offence punishable by imprisonment
- R v Wati*
- R v Tihi*
Assualts
Intentionally apply force to another
R v Mcarthur
Any person
Proven by JN and CE
Aggravated Assault (Avoid arrest)
Aggravated Wounding
Section 192(1)(c), Crime Act 1961
Any person
JN and CE
With Intent
- R v Taisalika*
- R v Collister*
To commit the act and to get a specific result
To avoid the arrest
or faciliate the flight
of himself
or any other person
upon the commision or attempted commission of any imprisonable offence
An offence punishable by imprisonment
- R v Wati*
- R v Tihi*
Assaults
Intetionally applies force to another
R v Mcarthur
Any person
Proven by JN and CE
Robbery
Robbery
Section 234(1), Crimes Act 1961
Theft
Dishonest, without claim, takes, deprive permanently
- R v Lapier*
- R v Skivington*
- R v Peat*
- R v Cox*
- R v Collister*
Accompanied by violence
- R v Maihi*
- Peneha v Police*
or Accompanied by threats of violence
- R v Maihi*
- R v Broughton*
- R v Pacholko*
To any person
Proven by JN and CE.
or any property
Real or personal
Used to extort the property stolen
Extort means obtain by coercion or intimidation
or To prevent or overcome resistance to its being stolen
Prevent means to keep from happening
Overcome means defeat or prevail over
Aggravated Robbery (GBH)
Aggravated Robbery
Section 235(a), Crimes Act 1961
Robs
Any person
Proven by JN and CE
At the time of
or Immediatley before
or Immediatley after
the robbery causes gravious bodily harm
DPP v Smith
Any person
Proven by JN and CE
R v Wells
Aggravated Robbery (Together with)
Aggravated Robbery
Section 235(b), Crimes Act 1961
Being togehter with any other person or person
Joint enterprise
- R v Joyce*
- R v Galey*
Robs
Any person
Proven by JN and CE
Aggravated Robbery (Offensive Weapon)
Aggravated Robbery
Section 235(c ), Crimes Act 1961
Being armed with any
Available for immediate use
Offensive weapon or instrument
Article, bodily injury
or Anything appearing to be such a weapon or instrument
R v Bentham
Robs
Any Person
Proven by JN and CE
Assault WIth Intent to Rob (GBH)
Assault with Intent to Rob
Section 236(1)(a), Crimes Act 1961
With intent to rob any person
Commit the act / specific result
- R v Taisalika*
- R v Collister*
Causes grevious bodily harm
DPP v Smith
To that person or any other person
R v Wells
Assault with Intent to Rob (Offensive Weapon)
Assault with Intent to Rob
Section 236(1)(b), Crimes Act 1961
With intent to rob any person
Commit the act / specifc result
- R v Taisalika*
- R v Collister*
Being armed with any
Available for immediate use
Offensive weapon or instrument
Article, bodily injury
or Anything appearing to be such a weapon or instrument
R v Bentham
Assaults that person or any other person
Intentionally applies force to another
Assault with Intent to Rob (Together with)
Assault with Intent to Rob
Section 236(1)(c ), Crimes Act 1961
With intent to rob any person
Commit the act / specifc result
- R v Taisalika*
- R v Collister*
Being together with any other person or persons
Joint enterprise
- R v Joyce*
- R v Galey*
Assaults that person or any other person
Intentionally applies force to another
Assault with Intent to Rob (Assault)
Assaut with Intent to Rob
Section 236(2), Crimes Act 1961
Assaults
Inetionally applies force to another
Any person
Proven by JN and CE
With intent to rob that person or any other person
Commit the act / specific result
- R v Taisalika*
- R v Collister*
Discharging Firearm or Doing Dangerous Act with Intent (Firearm)
Discharging Firearm or Doing Dangerous Act with Intent
Section 198(1)(a), Crimes Act 1961
With intent to do GBH
Commit the act / specific intent
- R v Taisalika*
- R v Collister*
- DPP v Smith*
- R v Pekepo*
Discharges any
To fire or shoot
Firearm
Acts by force of explosion
or Airgun
Acts by force of compressed air or gas
or Other similar weapon
At any person
Proven by JN and CE.
Discharging Firearm or Doing Dangerous Act with Intent (Explosive)
Discharging Firearm or Doing Dangerous Act with Intent
Section 198(1)(b), Crime Act 1961
With intent to do GBH
Commit the act / specific act
- R v Taisalika*
- R v Collister*
- DPP v Smith*
- R v Pekepo*
Sends to any person
or Delivers to any person
or Puts in any place
Any explosive
Substance or mixture of combination of subtances
or Injurious substance
Using any Firearm Against Law Enforcement Officer (Against Police)
Using any Firearm Against Law Enforcement Officer
Section 198A(1), Crimes Act 1961
Uses any firearm in any manner whatever
Acts by force of explosion
R v Swain
Against any
Constable
Hold office of constable
or Traffic officer
or Prison officer
Acting in the course of his or her duty
Acting lawfully
Know that
R v Siemester and Brookbanks
or Being reckless whether or not
- R v Tipple*
- Cameron v R*
That the person is a Constable, traffic officer or prison officer so acting
Using any Firearm Against Law Enforcment (Avoid Arrest)
Using any Firearm Against Law Enforcement
Section 198A(2), Crimes Act 1961
Uses any firearm in any manner whatever
Acts by force of explosion
R v Swain
With intent to resist the lawful arrest or detention of himself, herself or any other person
Commit the act / Specific Intent
- R v Taisalika*
- R v Collister*
- Fisher v R*
Commission of an Imprisonable Offence with a Firearm
Commission of an Imprisonable Offence with a Firearm
Section 198B, Crimes Act 1961
In commiting any imprisonable offence
An offence punishable by imprisonment
Uses any firearm
Act by force of explosion
R v Cox
Abduction (Marriage)
Abduction
Section 208(a), Crimes Act 1961
Unlawfully
Without lawful justification or excuse
Takes Away
- R v Wellard*
- R v Crossan*
Or Detains
- R v Pryce*
- R v Crossan*
A person
Proven by JN and CE.
Without their consent
Concious and voluntary agreement to somthing desired or proposed by another
R v Cox
or With consent obtained by fraud or duress
Demands based on fear of the consequences
Misrepresenting the truth
With intent to go through a form of marriage
Commit the act / specific result
- R v Collister*
- R v Mohi*
Abduction (Sexual Connection)
Abduction
Section 208(b), Crimes Act 1961
Unlawfully
Without lawful justification or excuse
Takes Away
- R v Wellard*
- R v Crossan*
Or Detains
- R v Pryce*
- R v Crossan*
A person
Proven by JN and CE.
Without their consent
Concious and voluntary agreement to somthing desired or proposed by another
R v Cox
or With consent obtained by fraud or duress
Demands based on fear of the consequences
Misrepresenting the truth
With intent to have sexual connection with person
Commit the act / specific result
- R v Collister*
- R v Mohi*
Abduction (Cuase to marry or sexual connection with another)
Abduction
Section 208(c), Crimes Act 1961
Unlawfully
Without lawful justification or excuse
Takes Away
- R v Wellard*
- R v Crossan*
Or Detains
- R v Pryce*
- R v Crossan*
A person
Proven by JN and CE.
Without their consent
Concious and voluntary agreement to somthing desired or proposed by another
R v Cox
or With consent obtained by fraud or duress
Demands based on fear of the consequences
Misrepresenting the truth
With intent to cause the person to go through a form of marriage or civil union or to have sexual connection, with some other person.
Commit the act / specific result
- R v Collister*
- R v Mohi*
Kidnapping (Ransom)
Kidnapping
Section 209(a), Crimes Act 1961
Unlawfully
Without lawful justification or excuse
Takes Away
- R v Wellard*
- R v Crossan*
Or Detains
- R v Pryce*
- R v Crossan*
A person
Proven by JN and CE.
Without their consent
Concious and voluntary agreement to somthing desired or proposed by another
R v Cox
or With consent obtained by fraud or duress
Demands based on fear of the consequences
Misrepresenting the truth
With intent to hold him or her for ransom or to service
Commit the act / specific result
- R v Collister*
- R v Mohi*
Kidnapping (Confine)
Kidnapping
Section 209(b), Crimes Act 1961
Unlawfully
Without lawful justification or excuse
Takes Away
- R v Wellard*
- R v Crossan*
Or Detains
- R v Pryce*
- R v Crossan*
A person
Proven by JN and CE.
Without their consent
Concious and voluntary agreement to somthing desired or proposed by another
R v Cox
or With consent obtained by fraud or duress
Demands based on fear of the consequences
Misrepresenting the truth
With intent to cause him or her to be confined or imprisoned
Commit the act / specific result
- R v Collister*
- R v Mohi*
Kidnapping (Imprison)
Kidnapping
Section 209(c), Crimes Act 1961
Unlawfully
Without lawful justification or excuse
Takes Away
- R v Wellard*
- R v Crossan*
Or Detains
- R v Pryce*
- R v Crossan*
A person
Proven by JN and CE.
Without their consent
Concious and voluntary agreement to somthing desired or proposed by another
R v Cox
or With consent obtained by fraud or duress
Demands based on fear of the consequences
Misrepresenting the truth
With intent to cause him or her to be sent or taken out of New Zealand
Commit the act / specific result
- R v Collister*
- R v Mohi*
Abduction of a Young Person (Takes)
Abduction of Young Person
Section 210(1), Crimes Act 1961
With intent to deprive a parent or guardian or other person having the lawful care or charge of a young person of the possession of the young person
Actions will inevitably cause that outcome then depriving the parent shows intent
- R v Cox (Possession)*
- R v Chartrand*
Unlawfully
Without lawful justification or excuse
Section 210A belives in good faith has possession cannot be charged
Takes away
- R v Crossan*
- R v Wellard*
or Entices away
Section 210(3), immaterial whether the young person consents
or Detains
R v Pryce
The young person
R v Forrest and Forrest
Abduction of a Young Person (Receives)
Abduction of a Young Person
Section 210(2), Crimes Act 1961
Receieves
Receives physical custody
A young person
R v Forrest and Forrest
Knowing that he or she had been unlawfully taken or enticed away or detained with intent to deprive a parent or guardian or other person having the lawful care or charge of him or her of the possession of him or her.
The offender knows the young person has been abducted
Simester and Brookbanks
Blackmail
Blackmail
Section 237, Crimes Act 1961
Threatens expressly or by implication, to make any accusation against any person (whether living or dead), to disclose something about any person (whether living or dead), or to cause serious to property or endager the safety of any person.
Threaten expressley or implication
With intent to cause the person to whom the threat is made to act in accordance with the will of the person making the threat and to obtain any benefit or to cause loss to any person.
