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My CIB Modules > Serious Violence > Flashcards

Serious Violence Flashcards

1
Q

Elements of Wounding With Intent

A

S188(1) Crimes Act 1961

With intent to cause Grievous bodily harm

To any person

Wounds
OR
Maims
OR
Disfigures
OR
Causes Grievous Bodily Harm

To any person

S188(1) Crimes Act 1961

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2
Q

Elements of Wounding With Intent (Reckless Disregard)

A

S188(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 Grievous Bodily Harm

To any person

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3
Q

R v Taisalika

A

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

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4
Q

R v Rapana and Murray

A

Disfigure covers not only permanent damage but also temporary damage

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5
Q

DPP v Smith

A

Bodily harm needs no explanation and grievous means no more and no less that ‘really serious’.

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6
Q

R v Waters

A

A wound is the breaking of the skin evidenced by the flow of blood. It can be external or internal.

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7
Q

R v Donnovan

A

Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim.

It need not be permanent, but must be more than merely transitory or trifling.

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8
Q

Cameron v R

A

recklessness is established if the defendant recognized that there was a real possibility that:
A- His actions would bring about the proscribed result
B- The proscribed circumstances existed
AND having regard to that risk, those actions were unreasonable.

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9
Q

Elements of Injuring with Intent (to cause GBH)

A

S189(1) Crimes Act 1961

With Intent to cause grievous bodily harm

To any person

Injures

Any person

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10
Q

Elements of Injuring with Intent (To injure)

A

S189(2) Crimes Act 1961

With intent to injure any person OR with the reckless disregard for the safety of others.

Injures

Any Person

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11
Q

R v Collister

A

Intent can be inferred from:
1. The words and actions of the defendant before, during and after the event.
2. The surrounding circumstance
3. The nature of the act itself.

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12
Q

Elements of Aggravated Wounding

A

With intent to:
A- commit or facilitate the commission of any imprisonable offence.
OR
B- To avoid detection of himself or of any other person in the commission of any imprisionable offence.
OR
C- To avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence.

Wounds OR Maims OR Disfigures OR Causes GBH to any person OR stupefies OR renders unconscious any person OR By any violent means renders any person incapable of resistance.

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13
Q

R v Tihi

A
  1. The defendnat intended to facilitate the commission of an imprisonable offence.
  2. The defendant intended to cause the specified harm or was reckless to the risk.

(Applies to Agg Wounding)

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14
Q

R v Wati

A

It must be proven that a crime was committed or attempted .

(Applies to Agg Wounding)

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15
Q

R v Sturm (in relation to agg wounding)

A

It is not necessary for the prosecution to prove the intended crime was actually subsequently committed

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16
Q

Elements of Assault with Intent to Rob (non-aggravated)

A
  1. Assaults any person
  2. With Intent to rob that person or any other person.

S236(2) Crimes Act 1961

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17
Q

Elements of Assault with Intent to rob (Other People)

A

S236(1)(c)

  1. With intent to rob any person.
  2. Being together with any other person or persons
  3. Assaults that person or any other person.
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18
Q

Elements of Assault with Intent to rob (Weapon)

A

S236(1)(b)

  1. With intent to rob any person.
  2. Being armed with any offensive weapon or instrument or anything appearing as such a weapon or instrument.
  3. Assaults that person or any other person.
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19
Q

Elements of Assault with Intent to rob (GBH)

A

S236(1)(a)

  1. With intent to rob any person
  2. Causes GBH to that person or any other person.
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20
Q

Elements of Aggravated Robbery (Other People)

A

S235(b) Crimes Act 1961

  1. Being together with any other person or persons.
  2. Robs
  3. Any other person
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21
Q

Elements of Aggravated Robbery (Weapon)

A

S235(c) Crimes Act 1961

  1. Being armed with any offensive weapon or instrument OR anything appearing as such a weapon or instrument.
  2. Robs
  3. Any other person
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22
Q

Elements of Aggravated Robbery (GBH)

A

S235(a) Crimes Act 1961

1.Robs any person
2. At the time OR immediately before OR immediately after the robbery
3. Causes GBH
4. To any person

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23
Q

Elements of Robbery

A

S234 Crimes Act 1961

  1. Theft
  2. Accompanied by violence
  3. To any person OR to any property
  4. Used to extort property stolen OR to prevent or overcome resistance to it being stolen.
24
Q

Fisher v R

A

The crown must prove that the accused knew that someone was attempting to arrest or detain him to prove S198A(2).

25
Q

R v Swain

A

To deliberately or purposely remove a firearm from a bag after being confronted by or called upon by a police constable amounts to a use of that
firearm

26
Q

Commission of Imprisonable Offence with Firearm (having it)

A

S198B(1)(b) Crimes Act 1961

  1. While committing any imprisonable offence
  2. Has any firearm with him or her
  3. In circumstances that prima facie show an intent to use is in connection with that imprisonable offence
27
Q

Commission of Crime with Firearm (using)

A

S198B(1)(a) Crimes Act 1961

  1. In committing any imprisonable offence
  2. Uses any firearm
28
Q

Using any Firearm Against Law Enforcement Officer (Resist Arrest)

A

S198A(2)

  1. Use any firearm in any manner whatever
  2. With intent to resist the lawful arrest or detention of himself, herself or of any other person.
29
Q

Using any Firearm Against Law Enforcement Officer (general)

A

S198A(1)

  1. Use any firearm in any manner whatever
  2. Against any Constable, Traffic Officer or Prison Officer
  3. Acting in the course of his or her duties.
  4. Knowing that, or being reckless whether or not that the person is a Constable, traffic Officer, prison officer so acting.
30
Q

Tuli v Police

A

Prima facie circumstances are those which are sufficient to show an intent.

31
Q

Police v Parker

A

“Use in any matter whatever” includes presenting and not actually firing.

32
Q

R v Pekepo

A

A reckless discharge of a firearm in a general direction of a passer-by who happens to be hit is not sufficient. An intention to shoot that person must be established.

33
Q

Elements of Discharging Firearm or Doing Dangerous Act with Intent (Reckless)

A

S198(2) Crimes Act 1961

  1. With intent to injured OR with the reckless disregard for the safety of others
  2. 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
34
Q

Elements of Discharging Firearm or Doing Dangerous Act with Intent (Injurious Substance)

A

S198(1)(b) Crimes Act 1961

  1. With intent to do GBH
  2. Sends OR Delivers to any person OR Puts in any place
  3. Any explosive or injurious substance.
35
Q

Elements of Discharging a Firearm or Doing Dangerous Act with Intent?

A

S198(1)(a) Crimes Act 1961

  1. With Intent to do GBH
  2. Discharges any Firearm OR Airgun OR Other similar Weapon
  3. At any person
36
Q

R v Crossan (Agg Wounding)

A

Incapable of resistance includes a powerless of the will as well as a physical incapacity

37
Q

Elements of Abduction

A

S208 Crimes Act 1961

  1. Unlawfully
  2. Takes away OR Detains
  3. Any person
  4. Without their consent or with consent obtained by fraud or duress.
  5. With intent to:
    Go through a form of marriage or civil union
    OR
    Have sexual connection with the person
    OR
    Go through a form of marriage or civil union or have sexual connection with some other person
38
Q

Elements of Kidnapping

A

S209 Crimes act 1961

  1. Unlawfully
  2. Takes away OR Detains
  3. Any person
  4. Without consent OR with consent obtained by fraud or duress
  5. With intent to:
    Hold him or her to 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.
39
Q

Elements of Abduction of a Young Person Under 16

A

S210(1) Crimes Act 1961

  1. With intent to deprive a parent OR guardian OR other person having lawful care or charge of a young person.
  2. Of that young person
  3. Unlawfully takes away OR entices away OR detains
  4. The young person
40
Q

Elements of Abduction of a Young Person Under 16 (receiving)

A

S210(2) Crimes Act 1961

  1. Receives
  2. A young person
  3. Knowing that he or she has been unlawfully taken away OR enticed away OR detained
  4. 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.
41
Q

R v Crossan (kidnapping)

A

Taking away and detaining are separate and distinct offences.

42
Q

R v Wellard

A

The essence of the offence of kidnapping is the “deprivation of liberty” coupled with a carrying away of the victim from the place where they want to be.

43
Q

R v Pryce

A

Detaining is an active concept meaning to keep in confinement or custody

44
Q

R v Cox (cosent)

A

Consent is full, voluntary, free and informed. Freely and voluntarily given by a person in a position to form a rational judgement.

45
Q

Mohi

A

The offence is completed at the time of taking away, as long as there is intent.

46
Q

R v Waaka

A

Intent may be formed at any time during the taking away.

47
Q

R v M

A

The crown must prove that the accused intended to take away or detain the victim and that they knew they had no consent.

48
Q

R v Forrest and Forrest

A

The best possible evidence should be obtained for the victim’s age.

49
Q

What are the three categories of people smuggling investigations?

A

Reactive, Pro-active and disruptive.

50
Q

What are the differences between People Trafficking and Migrant Smuggling

A

Migrant smuggling is bringing in someone who consents. Trafficking involves coercion/deception.

51
Q

Elements of Blackmail

A

S237 Crimes Act 1961

  1. Threaten to
  2. Make any accusation
    OR
    Disclose something
    OR
    Cause serious damage to property
    OR
    Endanger the Safety of any person
  3. With intent to:
    Cause the threatened person to behave in accordance with their will
    OR
    Obtain any benefit or cause loss to any other person.
52
Q

Elements of Demanding with Intent to Steal (document)

A

S239(1) Crimes Act 1961

  1. Without Claim of Right
  2. By force OR with any threat
  3. Compels any person to execute OR make OR accept OR endorse OR alter OR destroy
  4. Any document capable of conferring a pecuniary advantage.
  5. With intent to obtain any benefit.
53
Q

Elements of Demanding with Intent to Steal (property)

A

S239(2) Crimes Act 1961

  1. With menaces OR any threat
  2. Demands any property from any person
  3. With intent to steal it.
54
Q

What is the five phase investigation model for blackmail?

A

Initial report
Mobilisation
Consolidation
Investigation
Reactive phase

55
Q

R v Joyce

A

Two persons must have been physically present at the robbery

56
Q

R v Galey

A

Two persons must have an intention to use their combined force.

My CIB Modules (10 decks)

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