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Violence Module > Sections, Elements, Case Law > Flashcards

Sections, Elements, Case Law Flashcards

1
Q

Wounding with Intent (GBH)

A

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

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2
Q

Wounding with Intent (Injures)

A

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

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3
Q

Injuring with Intent (GBH)

A

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

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4
Q

Injuring with Intent to Injure

A

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

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5
Q

Aggravated Wounding (To commit or facilitate)

A

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

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6
Q

Aggravated Wounding (Avoid detection)

A

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

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7
Q

Aggravated Wounding (Avoid arrest)

A

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

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8
Q

Aggravated Assault (To commit or facilitate)

A

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

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9
Q

Aggravated Assault (Avoid detection)

A

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

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10
Q

Aggravated Assault (Avoid arrest)

A

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

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11
Q

Robbery

A

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

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12
Q

Aggravated Robbery (GBH)

A

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

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13
Q

Aggravated Robbery (Together with)

A

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

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14
Q

Aggravated Robbery (Offensive Weapon)

A

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

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15
Q

Assault WIth Intent to Rob (GBH)

A

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

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16
Q

Assault with Intent to Rob (Offensive Weapon)

A

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

17
Q

Assault with Intent to Rob (Together with)

A

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

18
Q

Assault with Intent to Rob (Assault)

A

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*
19
Q

Discharging Firearm or Doing Dangerous Act with Intent (Firearm)

A

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.

20
Q

Discharging Firearm or Doing Dangerous Act with Intent (Explosive)

A

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

21
Q

Using any Firearm Against Law Enforcement Officer (Against Police)

A

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

22
Q

Using any Firearm Against Law Enforcment (Avoid Arrest)

A

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*
23
Q

Commission of an Imprisonable Offence with a Firearm

A

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

24
Q

Abduction (Marriage)

A

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*
25
Q

Abduction (Sexual Connection)

A

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*
26
Q

Abduction (Cuase to marry or sexual connection with another)

A

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*
27
Q

Kidnapping (Ransom)

A

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*
28
Q

Kidnapping (Confine)

A

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*
29
Q

Kidnapping (Imprison)

A

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*
30
Q

Abduction of a Young Person (Takes)

A

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

31
Q

Abduction of a Young Person (Receives)

A

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

32
Q

Blackmail

A

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.

Violence Module (2 decks)

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