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CIB Modules > Serious Assaults > Flashcards

Serious Assaults Flashcards

1
Q

Wounding With Intent

Section, Act and Elements

A

Section 188(1), Crimes Act 1961

  • With intent to cause GBH
  • To any person
  • Wounds or Maims or Disfigures or Causes GBH
  • To any person
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2
Q

Wounding With Intent (Reckless)

Section, Act and Elements

A

Section 188(2), Crimes Act 1961

  • With intent to injure any person OR With reckless disregard for the safety of others
  • Wounds or Maims or Disfigures or Causes GBH
  • To any person
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3
Q

Intent v Outcome

Difference between 188(1) and 188(2)

A
  • The distinction between the two subsections is the offenders intent.
  • In (1) the offender intends to cause GBH
  • In (2) the offender intends to only injure the Victim although the outcome is a greater degree of harm than anticipated.
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4
Q

Intent

Definition

A
  • To commit the act and get a specific result
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5
Q

R v Collister

Intent case law

A

An offenders intent can be inferred by;

  • Offenders actions or words before, during or after the event
  • Surrounding circumstances
  • Nature of the act itself
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6
Q

Proving Intent in Serious Assault Cases

additional circumstantial evidence

A
  • Prior threats
  • Evidence of premeditation
  • The use of a weapon
  • Whether any weapon used was opportunistic or purposely brought
  • The number of blows
  • The degree of force used
  • The body parts targeted by the offender
  • The degree of resistance or helplessness of the victim
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7
Q

R v Taisalika

Intent case law

A

The nature of the blow and gash which it produced would point strongly to the presence of the necessary intent.

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8
Q

R v Hunt

Degree of harm case law

A

Wounding, maiming or disfiguration does not need to be grievous, if in causing that harm the defendant had intent to cause really serious harm.

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9
Q

DPP v Smith

GBH definition

A
  • GBH can be defined simply as harm that is really serious

- Bodily harms needs no explanation and grievous means no more and no less than really serious.

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10
Q

R v Waters

Wounds case law

A

A wound involves the breaking of the skin and normally evidenced by a flow of blood. This can be either externally or internally.

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11
Q

Wounding v GBH

Difference between terms

A
  • A wound refers to the type of injury caused, whereas the term grievous refers to the degree or seriousness of the injury.
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12
Q

Maiming

Definition

A
  • Depriving another of the use of a limb or one of the senses.
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13
Q

Disfigurement

Definition

A
  • To deform or deface or alter the figure or appearance of a person.
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14
Q

R v Rapana and Murray

Disfigurement case law

A

The word disfigure covers not only permanent damage but also temporary damage.

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15
Q

Doctrine of Transferred Malice

Definition

A
  • It is not necessary that the person suffering harm was the intended Victim. Where the Defendant mistakes identity or where harm is accidentally inflicted on another he is still criminally liable.
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16
Q

Injure

Definition

A
  • Cause actual bodily harm.
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17
Q

R v Donovan

Bodily Harm case law

A

Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim, it does not need to be permanent.

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18
Q

Reckless

Definition

A
  • Consciously and deliberately taking an unjustifiable risk.
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19
Q

Cameron v R

Recklessness case law

A

Recklessness is established if

  • The Defendant recognised that there was a real possibility that their actions would bring about the proscribed result and the proscribed circumstances existed AND
  • Having regards to that risk those actions were unreasonable
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20
Q

Injures With Intent

Section, Act, Elements

A

Section 189(1), Crimes Act 1961

  • With intent to cause GBH
  • To anyone
  • Injures
  • Any person
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21
Q

Injures With Intent (Reckless)

Section, Act, Elements

A

Section 189(2), Crimes Act 1961

  • With intent to injure any person OR With reckless disregard for the safety of others
  • Injures
  • Any person
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22
Q

Aggravated Wounding

Section, Act, Elements

A

Section 191(1), Crimes Act 1961

  • With intent to commit or facilitate the commission of any imprisonable offence OR
  • To avoid detection of himself or of 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
  • Wounds, maims, disfigures, or causes grievous bodily harm to any person, or
  • Stupefies or renders unconscious any person, or
  • By any violent means renders any person incapable of resistance
  • Any person
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23
Q 
Aggravated Wounding (Injures)
*Section, Act, Elements*
A

Section 191(2), Crimes Act 1961

  • With intent to commit or facilitate the commission of any imprisonable offence OR
  • To avoid detection of himself or of 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
  • Injures
  • Any person
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24
Q

Two-fold Test for Intent

In relation to Agg Wounding

A
  • The Defendant intended to facilitate the commission of an imprisonable offence AND
  • They intended to cause the harm or were reckless as to that risk
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25
Q

R v Tihi

Aggravated Wounding Intent case law

A

It must be shown that the offender either meant to cause the specified harm or foresaw the actions were likely to expose others to the risk

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26
Q

Facilitate

Definition

A
  • Intentionally or recklessly causes the specified harm in order to make it easier to commit the intended imprisonable offence.
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27
Q

Avoid Detection

Definition

A
  • Causes the specified harm to prevent them or another being caught in the act
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28
Q

Facilitate Flight

Definition

A
  • Specified harm is caused to enable the offender or offenders to more easily make their escape or prevent their capture
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29
Q

R v Wati

Facilitate Flight case law

A

There must be proof of the commission or attempted commission of a crime either by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate.

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30
Q

Stupefies

Definition

A
  • 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
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31
Q

Renders Unconscious

Definition

A
  • Cause to be or cause to become
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32
Q

Violent Means

Definition

A
  • The application of force that physically incapacitates a person or inflicting debilitating injuries.
  • It is not limited to physical violence and may include threats of violence depending on circumstances
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33
Q

Aggravated Assault

Section, Act, Elements

A

Section 192(1), Crimes Act 1961

  • Any Person
  • With intent to commit or facilitate the commission of any imprisonable offence OR
  • To avoid detection of himself or of 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
  • Assaults another person
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34
Q

Aggravated Assault

For a conviction you must prove

A
  • You must prove all elements of assault for a conviction which are; intention to apply or attempt to apply force to another, application or attempted application of force whether directly or indirectly or threaten to apply force in circumstances where the victim believes the offender will be able to carry out the threat
  • It must also be proven that (a), (b) or (c) of Section 192 was intended at the time of the assault
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35
Q

Discharging Firearm or Doing Dangerous Act with Intent

Section, Act, Elements

A

Section 198(1), Crimes Act 1961

  • 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 property
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36
Q

Discharging Firearm or Doing Dangerous Act with Intent (Injures / Reckless)
Section, Act, Elements

A

Section 198(2), Crimes Act 1961

  • With intent to injure or with reckless disregard for the safety of others
  • Does any of the acts referred to in subsection (1) of this section
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37
Q

Discharging Firearm or Doing Dangerous Act with Intent

Mens Rea and Actus Rea

A
  • Intent to GBH, intent to injure, reckless disregard for the safety of others
  • Discharging a firearm at a person, delivering explosives, setting fire to property

Based on intentions and actions rather than outcomes and consequences

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38
Q

R v Pekepo

intention to shoot case law

A

A 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.

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39
Q

Discharge

Definition

A
  • To fire or shoot
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40
Q

Firearm

Definition

A
  • Anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive
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41
Q

Explosive

Definition

A
  • Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect
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42
Q

Property

Definition

A
  • Includes real and personal property and any estate or interest in the real or personal property
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43
Q

Using Any Firearm Against Law Enforcement Officer

Section, Act, Elements

A

Section 198A(1), Crimes Act 1961

  • Any Person
  • Uses Any Firearm in any matter whatever
  • Against any constable, traffic officer, or prison officers
  • Acting in the course of his or her duty
  • Knowing that or being reckless whether or not that person is a member of police, or traffic officer, or prison officer
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44
Q

Using Any Firearm Against Law Enforcement Officer (Resist Arrest)
Section, Act, Elements

A

Section 198A(2), Crimes Act 1961

  • Any Person
  • Uses Any Firearm in any manner whatever
  • With intent to resist the lawful arrest or detention of himself or herself or any other person
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45
Q

Uses In Any Manner Whatever

Definition

A
  • To fire and include a range of acts that stop short of actually shooting at an officer. Can also include the use of firearms in ways in which they are not normally used
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46
Q

R v Swain

Uses in any manner whatever case law

A

To deliberately or purposefully remove a swan-off shotgun from a bag after being confronted by a police constable amounts to a use of that firearm within the meaning of s198A Cimes Act 1961

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47
Q

Constable

Definition

A
  • A police employee who holds the office of constable, includes a constable who holds any level of position within the New Zealand Police.
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48
Q

Acting In The Course Of Duty

Definition

A
  • Police duties arise under both statute and common law, include protecting life and property, preventing and detecting crime, apprehending offenders and keeping the peace.
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49
Q

Knowing

Definition in relation to police officer acting in course of duty

A
  • The Defendant must know the victim is a police officer and know that the officer is acting in the course of their duty or be reckless as to those facts
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50
Q

Simester and Brookbanks

Knowing case law

A

Knowing means knowing or correctly believing.

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51
Q

Intent to Resist Lawful Arrest or Detention

Definition

A
  • It must be proved that the Defendant knew an attempt was being made to arrest or detain them, or the person they are assisting
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52
Q

Fisher v R

Lawful arrest or Detention case law

A

To prove the accused knew someone was attempting to arrest or detain them because otherwise the element of mens rea of intending to resist lawful arrest or detention cannot be established

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53
Q

Commission of an Imprisonable Offence with Firearm

Section, Act, Elements

A

Section 198B, Crimes Act 1961

  • Any person
  • In committing any imprisonable offence, uses any firearm or
  • While committing any imprisonable offence has any firearm with him or her in circumstances that prima facie show an intention to use it in connection with that imprisonable offence
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54
Q

Uses Any Firearm

Definition in relation to 198B - commission of imprisonable offence

A
  • Includes firing or presenting a firearm or displaying it in a menacing manner.
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55
Q

Has With Him

Definition in relation to firearm

A
  • There must be evidence that the Defendant not only had possession, in the sense the they knowingly had custody or control of a firearm, but also that it was at the time available and at hand for them to use while committing the imprisonable offence.
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56
Q

R v Cox

Possession case law

A

Possession involves two elements, a physical and mental component. Actual or potential control and knowledge of that possession.

57
Q

Prima Facie

Definition

A
  • circumstances which are sufficient to show or establish intent in the absence of evidence
58
Q

Robbery

Section, Act, Elements

A

Section 234, Crimes Act 1961

  • Theft
  • Accompanied by violence or accompanied by threats of violence
  • To any person or property
  • Used to extort the property stolen, or prevent or overcome resistance to its being stolen
59
Q

Theft

Definition

A
  • Dishonestly and without claim of right
  • Takes any property
  • With intent to deprive the owner permanently of that property
60
Q

Dishonestly

Definition

A
  • Without a belief that there was express or implied consent for the act from a person entitled to give such consent
61
Q

Claim of Right

Definition

A
  • A belief at the time of the act in a proprietary or possessory right in property in relation to which the offence alleged to have been committed
62
Q

R v Skivington

Claim of Right case law

A

Claim of right is a defence to robbery

63
Q

R v Lapier

Offence complete case law

A

Robbery is complete the instant the property is taken, even if just momentary

64
Q

R v Peat

Returning property case law

A

Returning the property does not negate the offence

65
Q

Control

Definition

A
  • Authoritative or dominating influence
66
Q 
Aggravated Robbery (GBH)
*Section, Act, Elements*
A

Section 235(a), Crimes Act 1961

  • Robs any person
  • At the time of, or immediately before or immediately after, the robbery, causes grevious bodily harm
  • To any person
67
Q 
Aggravated Robbery (Other Persons)
*Section, Act, Elements*
A

Section 235(b), Crimes Act 1961

  • Being together with any other person or persons
  • Robs
  • Any Person
68
Q 
Aggravated Robbery (Offensive Weapon)
*Section, Act, Elements*
A

Section 235(c), Crimes Act 1961

  • Being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument
  • Robs
  • Any Person
69
Q

R v Maihi

Theft / Violence case law

A

Connection between the act of stealing and threat of violence.

70
Q

R v Mitchell

threats case law

A

Previously made threats playing on the Victim’s mind.

71
Q

Peneha v Police

Violence case law

A

The actions of the Defendant forcibly interfere with the personal freedom of the victim

72
Q

R v Broughton

threats conveyed

A

Threat may be direct or conveyed by conduct or words or both.

73
Q

R v Bentham

Weapon case law

A

A persons hand or fingers is not a thing

74
Q

R v Galey

common intention case law

A

Common intention to use their combined force

75
Q

R v Joyce

two people case law

A

Two people physically present at the time of offence

76
Q

Extort

Definition

A
  • To obtain by coercion or intimidation
77
Q

Prevent

Definition

A
  • To keep from happening
78
Q

Overcome

Definition

A
  • To get the better of
79
Q

Together With

Definition

A
  • Requires two or more people physically present

- Acting together in the commission of the robbery

80
Q

GBH

Definition

A
  • Harm that is really serious
81
Q

Armed

Definition

A
  • Carrying the item or has it available for immediate use as a weapon
82
Q

Offensive Weapon

Definition

A
  • Any article capable of being used for causing bodily injury
83
Q

Assault With Intent to Rob (GBH)

Section, Act, Elements

A

Section 236(1)(a), Crimes Act 1961

  • With intent to rob any person
  • Causes grievous bodily harm to that person or any other person
84
Q

Assault With Intent to Rob (Offensive Weapon)

Section, Act, Elements

A

Section 236(1)(b), Crimes Act 1961

  • With intent to rob any person
  • Being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument
  • Assaults the person or any other person
85
Q

Assault With Intent to Rob (Other Person)

Section, Act, Elements

A

Section 236(1)(c), Crimes Act 1961

  • With intent to rob any person
  • Being together with any other person or persons
  • Assaults that person or any other person
86
Q

Assault With Intent to Rob

Section, Act, Elements

A

Section 236(2), Crimes Act 1961

  • Assaults any person
  • With intent to rob that person or any other person
87
Q

Assault

Definition

A
  • 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 or she has, present ability to effect his or her purpose
88
Q

Blackmail

Section, Act, Elements

A

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 damage to property or endanger the safety of any person
  • 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
89
Q

Police must prove the following

Blackmail

A
  • Identity of the suspect
  • The suspect threatened to make an accusation, disclosure something, cause serious damage to property or endanger the safety of any person AND
  • the suspect intended to cause the person to act in accordance and obtain benefit / to cause loss
90
Q

Threaten expressly or by implication

Definition

A
  • Make clear an intention
91
Q

Accusation

Definition

A
  • An allegation that the person is guilty of criminal offending whether or not formal charges have been filed
92
Q

Disclosure

Definition

A
  • revelation of information which would cause serious embarrassment or emotional distress
93
Q

Obtain

Definition

A
  • To obtain or retain for himself or herself or for any other person
94
Q

Benefit

Definition

A
  • Any benefit, pecuniary advantage, privilege, property, service, or valuable consideration
95
Q

Pecuniary Advantage

Definition

A
  • Economic advantage or financial gain or benefit
96
Q

Privilege

Definition

A
  • Means a special right or advantage and need not be financial
97
Q

Valuable Consideration

Definition

A
  • Money or money’s worth
98
Q

Statutory Defence to Blackmail

Section, Act, Understanding

A 
Section 237(2), Crimes Act 1961
Defence to blackmail if the person believes they are entitled to the benefit or to cause the loss AND the threat in circumstances is reasonable and proper
99
Q

Demanding With Intent To Steal

Section, Act, Elements

A

Section 239(1), Crimes Act 1961

  • Without claim of right
  • By force or with any threat
  • Compels any person to execute, make, accept, endorse, alter, or destroy any document capable of conferring a pecuniary advantage
  • With intent to obtain any benefit

Section 239(2), Crimes Act 1961

  • With menaces or by any threat
  • Demand any property from any persons
  • With intent to steal it
100
Q

Execute

Definition

A
  • Do what the law requires to give validity to the document.
101
Q

Document

Definition

A
  • A thing which provides evidence or information or serves as a record
102
Q

Intent To Steal

Prosecution required to

A
  • Show the Defendant acted dishonestly and without claim of right
103
Q

Abduction

Section, Act, Elements

A

Section 208, Crimes Act 1961

  • Unlawfully
  • Takes Away OR Detains
  • A Person
  • Without their consent OR With consent obtained by Fraud OR Duress
  • With Intent to go through a form of marriage or civil union OR have sexual connection with the person OR cause the person to go through a form of marriage or civil union or to have sexual connection with some other person
104
Q

Abduction Conviction

What must be proved

A
  • The Defendant took away or detained a person and it was intentional and unlawful
  • There was no consent or consent induced by fraud or duress
  • The Defendant knew there was no consent and intended to marry, have sexual connection with or cause the person to marry / sexual connection with another
105
Q

Unlawfully

Definition

A
  • Without lawful justification, authority or excuse
106
Q

Taking Away

Definition

A
  • Victim physically removed from one place to another.
107
Q

R v Wellard

Taking Away case law

A
  • Kidnapping is the deprivation of liberty coupled with a carrying away from the place where the Victim wants to be
108
Q

R v Crossan

Taking away v Detains case law

A
  • Taking away and detaining are seperate and distinct offences
109
Q

R v Pryce

Detains case law

A
  • Active concept meaning keep in confinement or custody
110
Q

Consent

Definition

A
  • A person’s conscious and voluntary agreement to something desired or proposed by another
111
Q

R v Cox

Consent case law

A
  • Consent must be full, voluntary, free and informed given by a person in a position to form a rational judgement
112
Q

Consent Obtained By Fraud

Definition

A
  • Deceive the Victim into agreeing to a proposition by misrepresenting the facts or their intentions
113
Q

Consent Obtained by Duress

Definition

A
  • Acquiesce to an offender’s demands based on fear of the consequences if they refuse
114
Q

R v Mohi

Intent case law

A
  • The offence is committed at the time of taking away so long as there is intent at that moment
115
Q

R v Waaka

Intent specific case law - abduction

A
  • If a taking away commences without intent of intercourse but it is formed during the taking away, then that is sufficient for the purposes of the section
116
Q

Kidnapping

Section, Act, Elements

A

Section 209, Crimes Act 1961

  • Unlawfully
  • Takes Away OR Detains
  • A Person
  • Without their consent OR With consent obtained by Fraud OR Duress
  • With Intent to hold him or her for ransom or to service OR cause him or her to be confined or imprisoned OR cause him or her to be sent or taken out of New Zealand
117
Q

R v M

Crown must prove case law - kidnapping

A
  • The Crown must prove that the accused intended to take away or detain the complainant and that he or she knew that the complainant was not consenting
118
Q

Intent

Definition

A
  • Intention to commit the act and get a specific result
119
Q

Ransom

Definition

A
  • A sum of money demanded or paid for the release of a person being held captive
120
Q

Hold to Service

Definition

A
  • Keep the Victim as a servant or slave
121
Q

Confining

Definition

A
  • Restricting their movements within a geographical area but also curtailing their activity and exercising control and influence over them
122
Q

Imprison

Definition

A
  • Put them in prison or confine them as if in prison
123
Q

Sent Out Of NZ

Definition

A
  • Victim leaves the country on their own, as the result of a threat or other form of duress
124
Q

Taken Out Of NZ

Definition

A
  • Victim is in company or custody or a person accompanying them out of NZ
125
Q

Abduction of Young Person Under 16

Section, Act, Elements

A

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
  • Unlawfully
  • Takes or Entices away or Detains
  • The young person

Section 210(2), Crimes Act 1961

  • 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 him or her of the possession of him or her
126
Q

Intent

In relation to 210(1)

A
  • There must be an intention to take the child and a specific intent to deprive the parent possession of the child
127
Q

Intent *In relation to 210(2)

A
  • Person receiving young person does not need intent to deprive the person with lawful care provided they knew the person responsible for the taking had that intent
128
Q

Young Person

Definition

A
  • Someone under 16 years old
129
Q

Forrest v Forrest

proof of age case law

A

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

130
Q

Proof of Age

How is this proven

A
  • Producing the Victim’s birth certificate in conjunction with independent evidence that identifies the Victim as the person named in the certificate
131
Q

Takes, Entices etc

Definition

A
  • To tempt, persuade, or attract by arousing hope or desire
132
Q

Simester and Brookbanks

Knowing case law

A

Knowing or correctly believing, the Defendant may believe something wrongly but cannot know something that is false

133
Q

Consent of a Young Person

Defence

A
  • Consent is not a defence under s208-s210, a person under 16 cannot consent to being taken away or detained
134
Q

Belief the person is over 16

Defence

A
  • It is irrelevant whether the offender believes the person is over 16 or not
135
Q

Statutory Defence of Good Faith

Section, Act, Explanation

A

s210A Crimes Act 1961

  • A person who claims good faith a right to the possession of a young person under 16 cannot be convicted
  • prosecution must negate the claim of right beyond reasonable doubt
136
Q

Police Response to Trafficking / Smuggling

Three areas

A
  • Prevention, Protection, Prosecution
137
Q

Difference between Smuggling and Trafficking

six points

A
  • Consent
  • Purpose or travel / movement
  • Relationship between the person moved and people enabling the movement
  • Violence, intimidation or coercion
  • Liberty
  • Profit
138
Q

Investigative Approach

3 types (RPD), people trafficking

A
  • Reactive Investigation: Led by Victim
  • Proactive Investigation: Led by Police
  • Disruptive Investigation: Risk to Victim demands immediate response

CIB Modules (5 decks)

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