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Serious Assaults Flashcards

1
Q

What is the section and elements of wounding with intent (1)

A

S188(1) CA 1961
- With intent to cause GBH
- To any person
- wounds/maims/disfigures/causes GBH
- To any person

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2
Q

What is the section and elements of Wounding with intent (2)

A

S188(2) CA 61
- With intent to injure
- any person
(Or)
- reckless disregard for the safety of others
- Wounds/Maims/causes GBH to any person

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3
Q

What is the section and elements for injuring with intent

A

S189(1) CA 61
- With intent to cause GBH
- To any person
- Injures
- Any person

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4
Q

What is the section and elements of injures with intent (2)

A

S189(2) CA 61
- With intent to injure
- a my person
(Or)
- with reckless disregard for the safety of others
-injures
- any person

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5
Q

What is the sections and elements of aggravated wounding

A

S191(1) CA 61
- with intent to:
(A) commit or facilitate the COAIO (or)
(B) Avoid detection of himself or any other person in the COAIO (or)
(C) avoid arrest of facilitate the flight of himself or any other person upon the commission or attempted COAIO
- wounds/maims/disfigures/causes GBH/stupefies/renders unconscious/by violent means renders incapable of resistance
Any person

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6
Q

What is the section/elements of aggravated injury

A

S191(2) CA 61
- with intent to:
(A) commit or facilitate the COAIO (or)
(B) avoid the detection of himself or any other person (or)
(C) avoid arrest or facilitate the flight of himself or any other person upon the commission or attempted COAIO
-injures
- any person

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7
Q

What is the section/elements of aggravated assault

A

S192(1) CA 61

  • a person
    -Assaults
  • another person
  • with intent to:
    (A) commit or facilitate the COAIO or
    (B) avoid the detection of himself or any other person or
    (C) avoid arrest or facilitate the flight of himself or any other person
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8
Q

What is the section and elements for aggravated assault (2)

A

S192(2) CA 61
- a person
- assaults
- any constable or any person acting in the aid of a constable or any person in the lawful execution of any process
- with intent to obstruct the person so assaulted in the execution of his duty

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9
Q

What is the section/elements of discharging a firearm or doing a dangerous act with intent (1)

A

S198(1) CA 61’
- with intent to cause GBH
(A) discharges any firearm, air gun, or other similar weapon at any person (or)
(B) sends, delivers to any person, or puts in any place, any explosives or injurious substance or device (or)
(C) sets fire to any property

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10
Q

What is the section/elements for discharging a firearm or doing dangerous act with intent (2)

A

S198(2) CA 61
- with intent to injure any person (or) with reckless disregard for the safety of others
- does any of the acts referred to in (1) of this section:
(A) discharges any firearm, air gun, or any similar weapon at any person
(B) sends or delivers to any person, or puts in any place, any explosive or injurious substance or device
(C) sets fire to any property

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11
Q

What is the section and elements for using a firearm against a law enforcement officer (1)

A

S198A(1) CA 61 - 14 years
- a person
- uses a firearm in any manner whatever
- against a constable/traffic officer/prison officer
- in the execution of his duty
- knowing or reckless as to whether or not that person is a constable/traffic officer/ prison officer so acting

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12
Q

Section/elements for using any firearm against law enforcement officer (2)

A

S198A(2) CA 61 - 10 years
- a person
- uses any firearm in any manner whatever
- with intent to resist the lawful arrest or detention of himself or any other person

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13
Q

What is the section/elements for commission of an imprisonable offence with a firearm (1)(a)

A

S198B(1)(a) CA 61
- while committing any imprisonable offence
- uses any firearm

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14
Q

What is the section/elements for commission of an imprisonable offence with a firearm (1)(b)

A

S198B(1)(b) CA 61
- while committing any imprisonable offence
- has a firearm with him or her
- that Prima facie shows an intention to use it in connection to the imprisonable offence

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15
Q

Section/elements of robbery with case law

A

S234(1) CA 61 - 14 years
- theft
R v skivington - if there’s is a honest belief to claim of right to the property it negates the offence
R v lapier - once the defendant has possession of the property, even if only momentary they are still guilty of robbery
R v peat - giving back the item stolen does not negate the offence of robbery
- accompanied by violence (or) threats of violence
R v Maihi - the stealing of the property and the accompanied violence must have a close connection for it to be robbery - does not have to be contemporaneous
Peneha v police - it is sufficient that the actions of the defendant forcibly interfere with personal freedom of the victim
- to any person or property
- used to extort the property stolen or overcome any residence to its being stolen

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16
Q

Section/elements aggravated robbery

A

S235 (a)(b)(c) CA 61
(A)
- robs
- any person
- at the time of/immediately before/immediately after
-causes GBH
- to any person

(B)
- Being together with any other person
- robs
- any person

(C)
- being armed with any offensive weapon/instrument or anything appearing to be such a weapon or instrument
- robs
- any person

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17
Q

Section/elements assault with intent to rob

A

S236(1)(a)
- with intent to rob
- any person
-causes GBH to any person

236(1)(b)
- With intent to rob any person
- being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument
- assaults that person or any other person

236(1)(c)
- with intent to rob any person
-being together with any other person
- assaults any person

236(2)
- a person assaults another person
- with intent to rob that person or any other person

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18
Q

What is the section/elements of blackmail

A

S237(1) - 14 years
- a person
- threatens, expressly or by implication, to make any accusation against any person (alive 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
(A) with intent to cause the person whom the threat is made to act in accordance with he will of the person making the threat AND
(B) with the intent to obtain any benefit or to cause loss to any other person

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19
Q

Section/elements for abduction

A

S208
- unlawfully
- takes away (or) detains
- any person
- without their consent (or) with consent obtained by fraud or duress
- with intent to:
(A) enter a form of marriage
(B) have sexual connection with that person
(C) caus them to enter a form of marriage or have sexual connection with some other person

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20
Q

What is the section/elements of kidnapping

A

S209
- Unlawfully
- takes away or detains
- any person
- without consent or with consent obtained by fraud or duress
- with intent to:
(A) hold him or her for ransom or service
(B) cause him or her to be confined or imprisoned
(C) cause him or her to be sent or taken out of NZ

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21
Q

What is the section and elements for abduction of a young person under 16 (1)?

A

Section 210(1) – 7 years
- With intent to deprive a parents or guardian or other person having legal care or charge of the young person
- of the possession of the young person
- Takes OR entices away OR detains
- The young person

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22
Q

What is the section and elements for abduction of a young person under 16 (2)?

A

Section 210(2) – 7 years
- Receives
- A young person
- Knowing that he or she has been taken or enticed away or detained with intent to deprive a parent or guardian or other person with the lawful care or charge of him or her of the possession of him or her

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23
Q

What is s209A

A

For the purposes of section 208 and 209, a person under the age of 16 years cannot consent to being taken away or detained

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24
Q

What is the section and elements for smuggling migrants (1)?

A

Section 98C(1) – 20 years
- A person
- Arranges for an unauthorised migrant to enter NZ or any other state
(a) Does so for material benefit; AND
(b) Either knows that the person is, or is reckless as to whether the person is, an unauthorised migrant

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25
Q

What is the section and elements for smuggling migrants (2)?

A

Section 98C(2) – 20 years
- A person
- Arranges for an unauthorised migrant to be brought to NZ or any other state

(a) Does so for material benefit; AND
(b) Either knows that the person is, or is reckless as to whether the person is, an unauthorised migrant; AND
(c) Either
(i) Knows that the person intends to try to enter the state
(ii) Is reckless as to whether the person intends to try and enter the state

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26
Q

What is the section and elements for trafficking in persons (1)(a)?

A

Section 98D(1)(a) – 20 years
- A person
- Arranges, organises, or procures
(a) The entry of a person into, or the exit of a person out of, NZ or any other state
(i) For the purpose of exploiting or facilitating the exploitation of the person; OR
(ii) Knowing that the entry or exit of the person involves 1 or more acts of coercion against the person, 1 or more acts of deception of the person, or both

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27
Q

What is the section and elements for trafficking in persons (1)(b)?

A

Section 98D(1)(b) – 20 years
- A person
- Arranges, organises, or procures
(b) The reception, recruitment, transport, transfer, concealment, or harbouring of a person in NZ or any other state
(i) For the purpose of exploiting or facilitating the exploitation of the person; OR
(ii) Knowing that the reception, recruitment, transport, transfer, concealment, or harbouring of the person involves 1 or more acts of coercion against the person, 1 or more acts of deception of the person, or both

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28
Q

What is the definition of a person

A

Generally accepted by judicial notes or proved by circumstantial evidence

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29
Q

What is the definition of intent

A

When proving intent there must be an intent ot commit the act and an intent to get a specific result

Intent is the act or omission must be deliberate and more than accidental or involuntary

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30
Q

What is the definition of GBH

A

DDP v SMITH - harm that is really serious

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31
Q

What is the definition of psychiatric injury

A

Must be a an identifiable clinical condition, bodily harm may include psychiatric injury but does not include mere emotions such as fear or panic or distress

S188 bodily har, includes really serious psychiatric injury identified as such by appropriate specialist evidence

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32
Q

What is the definition of a wound

A

R v waters - break of skin flow of blood - it can be internal or external

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33
Q

What is the definition of maiming

A

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

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34
Q

What id the definition of disfigure

A

Deform/alter the figure or appearance of the victim - it need not be permanent

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35
Q

What is the definition of the doctrine of transferred malice

A

It is not necessary that the person suffering the harm was the intended victim, when identity is mistaken or when harm intended for one person accidentally inflicted on another, he is still criminally responsible despite the wrong target being struck

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36
Q

What is the definition of injure

A

To cause actual bodily harm - need not be permanent and can include psychiatric injury

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37
Q

What is the definition of recklessness

A

Consciously and deliberately taking an unjustified risk
When the element of an offence the following must be proved:
- the defendant consciously and deliberately ran a risk
- that the risk was unreasonable to take in the circumstances as they were known to the defendant

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38
Q

What is the definition of aggravate

A

To make things worse or more serious

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39
Q

What is the definition of facilitate

A

To make possible or to make easier

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40
Q

What is the definition of imprisonable offence

A

Offence punishable by imprisonment

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41
Q

What is the definition of stupefy

A

To induce a state of stupor, to make stupid, groggy or insensible, to skull the sense or faculties

To cause an effect on the mind or nervous system of a person which interferes with that persons mental or physical ability to act in a way that might hinder an intended crime

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42
Q

What is the definition of renders unconscious

A

Render - To cause or cause to become
The offenders actins must cause the victim to loose consciousness

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43
Q

What is the definition of violent means

A

Includes the application of force that physically incapacitates a person

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44
Q

What is the definition of assault

A

The act of intentionally applying by force or attempting to apply by 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 that person making the threat causes the other to believe on reasonable grounds that he has present the ability to effect his purpose

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45
Q

What is the definition of discharge

A

To fire or shoot

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46
Q

What is the definition of a firearm

A

Anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive.

It includes anything capable of doing so by adaptation, completion, replacement of parts or repair of defects. Any dismantled firearm, any specially dangerous air gun

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47
Q

What is the definition of air gun

A

Includes any air gun and air pistol and any weapon from which by the use of gas or compressed air (not by explosive) any shot, bullet, missile or other projectile can be discharged

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48
Q

What is the definition of explosive

A

Means or substance or mixture or combination of substance which in its normal state is capable of either decomposition at such a rapid rate as to result in an explosion or of producing pyrotechnic effect

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49
Q

What is the definition of property?

A

Includes real or 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.

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50
Q

What is the definition of uses in any manner whatever?

A

It is sufficient if the defendant has handled or manipulated the firearm so as to convey an implied threat of its further use against the police officer. It is not necessary that the firearm was presented at the officer or that it was discharged. Can also include to contemplate a situation short of actually firing the weapon and would include presenting it, and also includes the use of firearms in ways in which they are not normally used, such as where a firearm is used as a club.

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51
Q

What is the definition of constable?

A

Holds the office of constable and includes a constable who holds any level of position within the New Zealand Police.

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52
Q

What is the definition of knowing?

A

(Simester and Brookbanks) Knowing means ‘knowing or correctly believing’. The defendant may believe something wrongly but cannot ‘know’ something that is false.

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53
Q

What is the definition of has with him?

A

There must be evidence that the defendant not only had possession, but also that it was at the time available and at hand for him or her to use while committing the imprisonable offence.

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54
Q

What is the definition of MSSA firearm

A

Means firearm other than pistol that is a semi-automatic firearm having 1 or more of the following features
- a folding or telescope butt/stock
- a magazine designed to hold .22 rimfire cartridges of holding more than 15 cartridges
- a magazine that is capable of holding more than 7 cartridges
- bayonet lugs
- a flash suppressor

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55
Q

What is the definition of injurious substance

A

Covers a range of things capable of causing harm to a person eg anthrax powder

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56
Q

What is the definition of a pistol

A

Any firearm designed or adapted to be held and fired with one hand and includes any firearm that is less than 762mm in length

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57
Q

What is the definition of. A restricted weapon?

A

Any weapon, whether firearm or not, declared by the governor general, ny order in council made under section 4 of this act, to be a restricted weapon

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58
Q

What is the definition of restricted weapon schedule

A
  • anti-tank projectors and ammunition
  • Grenade dischargers, grenade launchers and grenades containing explosives
  • incendiary grenades consisting of a container whose contents is an inflammable liquid or mixture and a means of ignition of the inflammable substance or mixture eg wick, fuse. Chemical
  • machine carbines or guns, sub machine carbines or guns and machine pistols including those operated by gas or compressed air and including all other firearms capable of full automatic fire
  • mines or explosives in nature
  • mortars of military kinds and ammunition
  • rocket launchers and ammunition
  • every firearm, weapon and device designed to discharge any lachrymatory, deleterious, or toxic gas, smoke, or other stupefying or overpowering thing capable of rendering any person either wholly or partially incapable of resistance
  • any gas, substance, material, or thing specifically intended or adapted for use in conjunction with any firearm, weapon, or device specified in clause 8 of this schedule
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59
Q

What is the definition of specially dangerous air gun

A

Any air gun declared by the governor general, by order in council made under section 4 of this act, to be a specially dangerous air gun

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60
Q

What is the definition of specified pre charged pneumatic air rifle

A

Means pre charged pneumatic air rifle not used in paint ball or air soft

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61
Q

What is the definition of theft

A

Dishonestly, without claim of right, takes, any property. With the intent to permanently deprive the owner of that property

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62
Q

What is the definition of dishonestly

A

An ac done or omitted without a belief there was expressed or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority

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63
Q

What is the definition of claim of right

A

An honest belief to the possessory or proprietary 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 other matter of law other than the enactment against which the offence is alleged to have been committed

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64
Q

What is the definition of taking

A

For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.

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65
Q

What is the definition of using or dealing with

A

Requires that the defendant acted contrary to any authority or consent given by the owner, or that their conduct in relation to the property was inconsistent with the rights of the owner.

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66
Q

What is the definition of possession?

A

R v cox - possession must6 have both an act us and MENS rea, the act us being the actual or potential physical custody or control and the men’s rea being a combination of knowledge and intention, the knowledge/sense of awareness having in his possession and intention to exercise possession.

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67
Q

What is the definition of control

A

To control is to exercise authoritative or dominating influence or it

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68
Q

what is the definition of ownership

A

A person is regarded to be the owner of any property that is stolen if, at the time of the theft, that person has
(A) possession or control of the p-roperty or
(B) any inters in the property or
(C) the right to take possession or control of the property

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69
Q

What is the definition of accompanied by?

A

The prosecution must prove a connection between the violence or threats and the stealing of the property - it must be shown that the defendant not only had an intent to steal at the time of the violence or the threats were used, but that the violence or threats were used, for the purpose of extorting the property, or preventing or overcoming resistance.

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70
Q

What is the definition of violence??

A

In the context of robber, violence must involve more than a minimal degree of force and more than a technical assault, but need not involve the infliction of bodily harm

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71
Q

What is the definition of extort

A

To obtain by violence, coercion, or intimidation or to extract forcibly, extortion implies an overbearing of the wil of the victim

72
Q

What is the definition of prevent

A

To keep from happening

73
Q

What is the definition of overcome

A

To defeat, prevail over, get the better of in a conflict.

74
Q

What is the definition of being together with?

A

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 robbery. Each must share an intent to steal using their collective force and each must play some active role in the robbery

75
Q

What is the definition of being armed with

A

Means that the defendant is carrying the item or has it available for immediate use as a weapon

76
Q

What is the definition of offensive weapon

A

Means any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use

77
Q

What is the definition of disabling substance

A

Means any anaesthetic or other substance produced for use for disabling persons or intended by any person having it with him or her for such use

78
Q

What is the definition of accusation

A

An allegation that the person is guilty of criminal offending whether or not any formal charges have been filed. It is immaterial whether the substance of the accusation is true or false, and the accusation does not need to relate to the person from who the demand is made

79
Q

What is the definition of disclosure?

A

Does not need to relate to criminal offending and will extend to revelation of information which would cause serious embarrassment or emotional distress. The disclosure does not need to relate to the person from who the demand is made.

80
Q

What is the definition of obtain

A

To obtain or retain for himself, herself or any other person.

81
Q

What is the definition of benefit?

A

Does not require a financial element, but includes a privilege, service or benefit that has no ascertainable monetary value.

82
Q

Does not require a financial element, but includes a privilege, service or benefit that has no ascertainable monetary value.

A

An economic advantage or a finanacial gain or benefit, an enhancement of a person’s financial position.

83
Q

What is the definition of consent?

A

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

84
Q

What is the definition of privilege?

A

A special right or advantage and need not be a financial one.

85
Q

What is the definition of valuable consideration?

A

Money or money’s worth.

86
Q

What is the definition of execute?

A

To execute a document is normally to ‘do what the law requires to give validity to the document. It is not confined to the signing or doing something to the face of the document’. Entry of data in a computer program may amount to ‘execution’ of a document.

87
Q

What is the definition of document?

A

An item which provides evidence or information or serves as a record.

88
Q

What is the definition of demand?

A

A clear request, made firmly.

89
Q

What is the definition of menaces or any threat?

A

It will be sufficient if the words or conduct convey a threat of something detrimental or unpleasant happening to the person to whom the threat is made.

90
Q

What is the definition of unlawfully?

A

Without lawful justification or excuse.

91
Q

What is the definition of taking away?

A

(R v Wellard) 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’.

92
Q

What is the definition of detains?

A

Detaining is an active concept rather than a passive one. It involves doing something to impose a constraint or restraint on the person detained.

(R v Pryce) 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.

93
Q

What is the definition of consent?

A

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

94
Q

What is the definition of consent obtained by fraud?

A

Deceive the victim into agreeing to a proposition by misrepresenting the facts or their intentions.

95
Q

What is the definition of consent obtained by fraud

A

Deceive the victim into agreeing to a proposition by misrepresenting the facts or their intention

96
Q

What is the definition of consent obtained by duress

A

Consenting due to fear of the consequences if they refuse

97
Q

What is the definition of ransom

A

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

98
Q

What is the definition of confine

A

Restricting their movements within a geographical area/exercising control and influence over them

99
Q

What is the definition of imprison

A

Means to put them in a prison or to confine them as if they were in prison

100
Q

What is the definition of young person

A

A person under the ages of 16

101
Q

What is the definition of receives

A

Receiving physical custody of a young person, several people could jointly receive a young person for the purposes of a liability

102
Q

What is the definition of entices

A

To tempt, persuade or attract by arousing hope or desire

103
Q

What is the definition of knowledge

A

The offender must know the young person they are receiving is abducted - correctly believe

104
Q

What does s209a involve

A

A young person under the age of 16 cannot consent to being taken away or detained

105
Q

What does 210(3)(b) involve

A

For the purposes of subsections(1) and (2) it is immaterial whether the offender believes the young person to be of or over the age of 16

106
Q

What does s127 involve

A

There is no presumption of law that a person is incapable of sexual connection because of his/her age

107
Q

What does s210a involve

A

A person who claims good faith to the possession of a young person under the age of 16 years cannot be convicted of an offence against 209/210

108
Q

What was held in r v taisalika

A

The nature of the blow and the gash produced point strongly to the necessary intent

109
Q

What was held in r v Rapana and Murray

A

Disfigurement not only covers permanent damage but also temporary

110
Q

What was held in DDP v Smith

A

Grievous is no more or less than really serious harm

111
Q

What was held in r v waters

A

Break of skin flow of blood - may be internal

112
Q

What was held in R v Donovan

A

“Bodily harm includes hurt or injury calculated to interfere with the health and comfort of the victim. It need not be permanent but it must be more than transitory or trifling.”

113
Q

What was held in Cameron v R

A

Recklessness is established if the defendant recognised there was a real possibility that:
- their actions would bring about a proscribed result and/or:
- the proscribed circumstances existed and
Having regard to that risk those actions were unreasonable

114
Q

What was held in r v Sturm

A

To stupefy is to cause an effect on the mind or nervous system which really interferes with that persons mental or physical ability to act in anyway which might hinder any crime

115
Q

What was held in r v Mwai

A

S188 is not limited to immediate harmful consequences of the offenders actions eg HIV

116
Q

What was held in r v collister

A

A persons actions and words at the time of/before/after and the surrounding circumstances show intent

117
Q

What was held in r v tihi

A

2 fold test:
- Intended to facilitate COAIO
- intended to cause specified harm/reckless

118
Q

What was held in r v wati

A

There must be proof of the commission or attempted commission of a crime by the person committing the assault or the person whose flight/arrest they intended to facilitate

119
Q

What was held in r v pekepo

A

A reckless discharge of a firearm int the general direction of a passerby who happens to be hit is not sufficient proof - an intention to shoot that person must be established

120
Q

What was held in r v swain

A

Deliberately or purposely pulling a sawn off shotgun out of a bag when confronted or called upon by police amounts to a use of that firearm

121
Q

What was held in fisher v r

A

Crown must 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

122
Q

What was held in r v skivington

A

An honest belief to claim of right is a defence to robbery

123
Q

What was held in r v lapier

A

Robbery is complete the instant the property is taken, even I’d the possession is only momentary

124
Q

What was held in r v peat

A

Giving back the property does not negate the offence

125
Q

What was held in r v cox

A

Possession has 2 parts, firstly the physical element involves actual or potential custody or control

The knowledge of having that thing in their possession and the intention to exercise possession

126
Q

What was held in r v maihi

A

There must be a close nexus between the act of stealing and the threats of violence - both must be present

127
Q

What was held in peneha v police

A

Violence - it is sufficient the actions of the defendant forcibly interfere with the personal freedom or amount to forcible, powerful or violent action or motion causing bodily injury or discomfort

128
Q

What was held in r v pacholko

A

The actual presence or absence of fear on the part of the complainant is not the yardstick. It is the conduct of the accused which has to be assessed rather than the strength or nerves of the person threatened

129
Q

What was held in r v Bentham

A

A persons fingers or hand is not a thing

130
Q

What was held in r v Joyce

A

Must establish at least 2 people were present at the time of the robbery being committed or the assault occurred

131
Q

What was held in r v Galey a

A

Together with is 2 or more persons having the common intention to use their combined force

132
Q

What was held in r v crossan

A

Taking away and detaining are separate and distinct offences

133
Q

What was held in r v Wellard

A

Taking away is depriving someone of their liberty taking them from a place they want to be

134
Q

What was held in r v pryce

A

Detaining someone is an active concept to keep in confinement or custody which is to be contrasted to the passive concept or harbouring or mere failure to hand over

135
Q

What was held in Mohi

A

The offence is complete once there has been a period of taking away or detention with the necessary intent - regardless of whether the intent was carried out

136
Q

What was held in r v waaka

A

The intent can be formed at any time during the taking away

137
Q

What was held in r v cox (consent)

A

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

138
Q

What was held in r v m

A

Crown must prove that the accused intended to take away or detain and they knew they complainant did not consent

139
Q

What was held in r v Forrest and forrest

A

The best evidence possible but be given in the circumstances should be adduced by the prosecution in proof of age

140
Q

What is the two fold test

A

R v tihi
- the defendant intended to facilitate COAIO and
- they intended to cause the specified harm/reckless as to that risk

141
Q

Under s191 what is the difference between subsection 1 and 2

A

The injury sustained (1) is wounds/maims/disfigures/causes gbh/stupefies/renders unconscious/by violent means renders incapable of resistance

(2) is injury

142
Q

When is the offence complete under s198(1)(b)

A

When an explosive or injurious substance or device is sent, delivered, or put in place - the substance must have the capacity to explode or cause injury

143
Q

What does s66 of the arms act 1983 cover

A

Every person in occupation of any land or building or the driver of any vehicle on which any firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive is found shall, thought not to the exclusion of the liability of any other person, be deemed to be in possession of that firearm etc. unless he proves that it was not his property and that it was in the possession of some other person.
- reverse onus

144
Q

What is the definition of depriving the owner permanently

A

The thief must desire that the owner will never regain the property, but it is not necessary that he intends to keep it himself; an intent to destroy the property or to give it to someone else who will retain it will suffice.

145
Q

What are some additional circumstantial evidence that may assist in proving an offender’s intent?

A
  • prior threats
  • evidence or premeditation
  • the use of a weapon
  • whether any weapon used was opportunistic or purposefully bought
  • the number of blows
  • the degree of force used
  • the body parts targeted by the offender
  • the degree of resistance/helplessness of the victim.
146
Q

What is the definition of joint enterprise?

A

Mere presence during the commission of the robbery, without active participation, is not sufficient; the provision applies only to cases where the forces or two or more people acting together are deployed against the victim in the actual commission of the offence.

147
Q

What is the definition of instrument?

A

Includes any item intended to be used as a weapon or to intimidate and overbear the victim’s will to resist.

148
Q

What must you prove in relation to a charge of blackmail?

A

You must prove the identity of the suspect and that they threatened, expressly or by implication, to:
- make any accusation against any person (whether alive or dead)
- disclose something about any person (wether alive or dead)
- cause serious damage to property
- a danger the safety of any person

And that the suspect intended to:
- cause the person whom the threats is made to act in accordance with the will of the person making the threat and
- obtain any benefit or to cause loss to any other person

149
Q

What is the statutory defence to the charge of blackmail

A

Section 237(2) provides a defence to the charge of blackmail

If the defendant is able to show they believed they were entitled to obtain the benefit or to cause loss and objectively viewed, the making of the threat was a reasonable and proper means for obtaining the benefit or causing the loss

Therefore, belief by the person making the threat that they are entitled to the benefit or to cause loss is not in itself a defence to a charge under 237(1) unless the threat is in the circumstances a reasonable and proper means for effecting his purpose

150
Q

For a conviction under s208 what must the crown prove

A
  • the defendant took away or detained a person
  • the taking away or detaining was intentional
    The taking away or detaining was unlawful
  • the taking away or detaining was without that persons consent (or obtained by fraud or duress)
  • the defendant knew there was no consent to the taking or detention
  • the defendant intended to:
    Go through a form of marriage, or civil union, have sexual connection. Cause to go through a form of marriage or cool union or have sexual connection with any other person
151
Q

What is the main difference between migrant smuggling and people trafficking

A

Migrant smuggling involves a person who has freely consented to be brought into NZ as an illegal immigrant and is not subjected to coercion or deception

People trafficking involves a person who is brought into NZ by means of coercion and or deception. People are often trafficked in order to exploit them in the destination country

152
Q

What are the differences between migrant smuggling and people trafficking?

A
  • consent
  • the purpose of the travel or movement
  • the relationship between the person moved and the people enabling the movement
  • violence, intimidation, coercion
  • liberty
  • profit
153
Q

What are the 3 categories with the investigative approach to people trafficking

A
  • reactive investigation
    Usually victim led and often initiated by an approach to police by the victim or another person acting on their behalf
  • proactive investigation
    Police led, a combination of standard investigation techniques supplemented by intelligence resources to identify and locate the traffickers, gather evidence and instigate proceedings against them
  • disruptive investigation
    Appropriate circumstances where the level of risk to the vicitm demands an immediate response and proactive or reactive approaches are not applicable options
154
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?

A

Intent or reckless disregard for the safety of others

155
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.

A
  • Commit or facilitate the commission of any imprisonable offence
  • Avoid the detection of himself or of any other person in the commission of any imprisonable offence
  • Avoid the arrrest or facilitate the flight of himself or of any other person in the commission or attempted commission of any imprisonable offence
156
Q

What was held in R v Crossan in relation to s191 CA61?

A

It was held that a mere threat may not in itself be sufficient to constitute ‘violent means’, but when the person making the threat is brandishing a loaded revolver in circumstances that cause the victim to submit to his will in the belief that he will carry out his threat unless she does so, it can be said that she was rendered incapable of resistance by violent means just as effectually as if she were physically incapable.

157
Q

Section 198(1) CA61, discharging a firearm with intent to do grievous bodily harm, sets out three offences. Summarise those offences.

A
  • With intent to do GBH, a person discharges any firearm, airgun or other similar weapon at any person
  • With intent to do GBH, a person sends, delivers or puts in place an explosive or other injurious substance or device
  • With intent to do GBH, sets fire to any property
158
Q

What factors elevate the offence of robbery to aggravated?

A

S235(a)-(c) outlines robbery with aggravating features:
S235(a)
- Robs any person
- At the time of, or immediately before or immediately after, the robbery, causes GBH
S235(b)
- Being together with any other person or persons
- Robs
- Any person
S235(c)
- Being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument
- Robs
Any person

159
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?

A

For the aggravated robbery offence of ‘being together with’, the two persons must be part of a joint enterprise who are physically present at the robbery. They both must share an intent to steal using their collective force and play an active role in the robbery.

R v Joyce – two or more persons must be physically present.
R v Galey – two or more persons must have the common intention to use their combined force directly in the perpetration of the crime.

It is not aggravated robbery because John waits down the road and is not physically present when Bill uses violence to steal the cigarettes. They have not used their collective force and John has not played an active role in the robbery.

160
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.

A

No. In R v Bentham it was held that ‘what is possessed must under the definition be a thing. A person’s hand or fingers are not a thing’.

161
Q

List the three intents defined under kidnapping.

A
  • Hold him or her for ransom or to service
  • Cause him or her to be confined or imprisoned
  • Cause him or her to be sent or taken out of NZ
162
Q

For a conviction under s210(1), the Crown must prove what?

A

The defendant took, enticed or detained a person under the age of 16
- the taking, enticement, detention was intentional
- the taking, enticement or detention was from a. Person who had lawful care of the young person
- The defendant knew the other person had lawful care of the young person
- The taking, enticement or detention was unlawful and
- 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

163
Q

Can a young person consent to being taken away for the purpose of sections 209 to 210 CA61? Explain your answer.

A

No. Under s209A a person under 16 years (young person) cannot consent to being taken away or detained.

Under s210(3), for the purposes of subsection (1) and (2) it is immaterial whether the offender believes the young person consents, or is taken or goes or is received at his or her own suggestion.

164
Q

What is the penalty for trafficking people by means of coercion or deception?

A

20 years’ imprisonment or a fine not exceeding $500,000 or both.

165
Q

Do you need approval from the Attorney General to prosecute for offences under sections 98C and 98D CA61?

A

Yes but you do not need approval to arrest and oppose bail.

166
Q

What must the prosecution prove against someone who abducts a young person under s210(2)?

A
  • The accused received a person under the age of 16 years AND
  • The receiving was deliberate or intentional AND
  • The accused knew that the young person had been unlawfully taken, enticed away or detained by another, from a person who had lawful possession of the young person AND
  • The accused intended by reason of the receiving to deprive the person with lawful care of possession of that young person
167
Q

R v taisalika in relation to intoxication

A

Taisalika argued unsuccessfully that he had been intoxicated so he could not remember the incident therefore he could not have had the necessary intent. The court held that memory loss of past events is not the same as lack of intent at the time

168
Q

What are the intents in Blackmail?

A
  1. To cause the person who the threat is made to act in accordance with the will of the person making the threat
  2. To obtain any benefit or cause loss to the other person
169
Q

Threats referred to in the offence of Blackmail

A

To make any accusation against any person
To disclose something about any person
To cause serious damage to property
To endanger the safety of any person

170
Q

(S/A) In serious assault cases, additional circumstantial evidence that may assist in proving an offender’s intent may include:

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 forced used
  • The body parts targeted by the offender
  • The degree of resistance or helplessness of the victim
171
Q
  1. (M/C) Two-fold test for intent (R v Tihi
A
  1. The defendant intended to facilitate the commission of an imprisonable offence
  2. He or she intended to cause the specified harm, or was reckless as to that risk
172
Q

What you need to prove an assault

A
  • Intention to apply or attempt to apply force
  • Application or attempted application of force, whether directly or indirectly, or
  • Threat to apply force in circumstances where the victim believes the offender will be able to carry out the offence
173
Q

Section 198 creates a variety of offences with three optional forms of mens re

A
  • Intent to do grievous bodily harm
  • Intent to injure
  • Reckless disregard for the safety of others
174
Q

Section 198 creates a variety of offences with three optional forms of actus reus:

A
  • Discharging a firearm at a person
  • Delivering explosives
  • Setting fire to property
175
Q

(S/A) Four beliefs for Claim of Right

A
  • A belief in a proprietary or possessory right in property.
  • The belief must be about rights to the property in relation to which the offence is alleged to have been committed.
  • The belief must be held at the time of the conduct alleged to constitute the offence.
  • The belief must be actually held by the defendant but does not have to be reasonable and may be based on ignorance or mistake.
176
Q

Circumstances to consider when conduct complained of does not amount to a threat of violence for a Robbery

A
  • The relative ages of the parties
  • Their respective physiques
  • Their appearance
  • Their demeanour
  • What was said and done by those involved
  • The manner and setting in which the incident took place.

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