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Violences Offences > Short answer study > Flashcards

Short answer study Flashcards

1
Q

what circumstantial evidence can be used to infer an offenders intent

A
  • offenders actions and words before, during or after the event
  • the surrounding circumstances
  • the nature of the act itself
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2
Q

in serious assaults, what circumstantial evidence can be used to infer an offenders intent

A
  • prior threats
  • evidence of premeditation
  • use of a weapon
  • number of blows
  • degree of forced used
  • body parts targeted by offender
  • degree of helplessness of victim
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3
Q

what is maiming

A

mutilating, crippling or disabling a part of the body so as to deprive the victim of the use of a limb or one of the senses

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4
Q

what does disfigure mean

A

to deform or deface, to mar or alter the figure or appearance of a person

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5
Q

what is the doctrine of transferred malice

A

doctrine of transferred malice states that it is not necessary that the person suffering the harm was the intended victim. where the defendant mistakes the identity of the person injured, he is still criminally liable responsible despite the wrong target being struck

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6
Q

what is an injury

A

injury means to cause actual bodily harm

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7
Q

what is the two fold test for intent for section 191 of the crimes act 1961 set out in r v tihi

A

prosecution must satisfy:

  1. the defendant intended to facilitate the commission of an imprisonable offence (or one of the intents in a,b or c)
  2. he or she intended to cause the specified harm or was reckless to that risk
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8
Q

what is the meaning of stupefies

A

to cause an effect on the mind or nervous system which really seriously interferes with that persons mental or physical ability to act in any way which might hinder an intended crime - r v sturm

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9
Q

what is the meaning of extort

A

to obtain by violence, coercion or intimidation

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10
Q

what is an offensive weapon

A

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

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11
Q

what is an instrument

A

an instrument includes any item intended to be used as a weapon

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12
Q

what questions should you ask when receiving info from a chis about a robbery

A
  • has chis supplied reliable info in the past
  • has info come from more than one source
  • have staff members noted suspicious people in area
  • does company deal with large money, drugs or valuable goods
  • can info be corroborated
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13
Q

what are the three main investigative approaches for people trafficking and smuggling migrants

A
  1. REACTIVE INVESTIAGTION
    - victim led
    - initiated by approach to police or another person acting on behalf of victim
  2. PROACTIVE INVESTIGATION
    - police led, a combination of standard investigation techniques supplemented by intelligence resources to identify and locate traffickers, gather evidence and instigate proceedings against them
  3. DISRUPTIVE INVESTIGATION
    - appropriate in circumstances where level of risk to victim demands immediate response and proactive or reactive approaches are not practical options
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14
Q

the initial procedure for investigating a robbery varies with the stage at which offence is reported, when might you be informed of it

A
  • before an intended robbery
  • during or after the incident, when raid alarm at the premises goes off
  • after the offenders have left the scene of the crime
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15
Q

what is the order of priority for a robbery investigation

A
  • secure safety of all members of public and police
  • prevent the crime
  • contain the area of the offence
  • gather evidence from crime scene and preserve it
  • establish and eliminate suspects
  • id offender
  • locate offender
  • search offender premises
  • establish any cases for prosecution
  • prepare files for prosecution
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16
Q

with regards to blackmail, what is an accusation

A

a criminal allegation

17
Q

what is a pecuniary advantage

A

anything that enhances a persons financial position - r v hayes

18
Q

what is the meaning of obtain

A

to obtain for himself or herself or any other person

19
Q

what is the definition of assault

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 has present ability to affect his purpose and to assault has a corresponding meaning

20
Q

what must the crown prove for a conviction under s209

A
  • the defendant took away or detained person
  • taking or detention was intentional
  • taking or detention was unlawful
  • taking was done without the persons consent or consent was obtained by fraud or duress
  • defendant knew there was no consent to the taking or detention
  • defendant intended to hold person for ransom or to service, cause the person to be confined or imprisoned, or cause person to be sent out of nz
21
Q

what is the difference between confinement and imprisoned

A

confining means to keep the movements of a person restricted within a geographical area

imprisoned means to put a person in prison or to confine them as if in prison

22
Q

what must crown prove for a conviction under s210(1)

A
  • defendant took, enticed or detained young person
  • taking, enticement, detention was intentional
  • taking, enticement or detention was from a person who had lawful care of young person
  • defendant knew other person had lawful care of young person
  • taking, enticement, detention was unlawful
  • it was done with intent to deprive other person of possession of young person
23
Q

what is an explosive

A

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

24
Q

what is an injurious substance

A

a range of substances capable of causing harm to a person

25
Q

what is a claim of right

A

a belief at the time of the act in a proprietary or possessory right in the property

26
Q

what is the main difference between smuggling migrants and trafficking in persons

A

smuggling migrants involves a person who has freely consented to be brought into nz

people trafficking involves a person brought into nz by means of coercion or deception

27
Q

what is theft

A
  • dishonestly and without claim of right
  • taking any property
  • with intent to deprive any owner permanently
  • of that property or of any interest in that property
28
Q

what is the statutory defence for blackmail

A

s237(2)
- a belief by the person making threat that they are entitled to the benefit or to cause loss and objectively viewed, the threat is in the circumstances a reasonable and proper means of effecting his or her purpose - r v marshall

29
Q

what is the 5 phase investigation of blackmail

A
  1. initial report phase
  2. mobilisation phase
  3. consolidation phase
  4. investigation and operational phase, including: investigation and identification of offender and threats; negotiation; payment; intervention/arrest
  5. reactive phase (may include prosecution)
30
Q

r v broughton

A

a threat of violence is is the manifestation of an intention to inflict violence unless the money or property is handed over. the threats may direct or veiled, and may be conveyed by words or conduct

31
Q

what is fraud

A

a misrepresentation of the facts or of a persons intentions

32
Q

what is duress

A

duress may arise from actual or implied threat of force to the victim or another person and may include other forms of pressure or coercion

33
Q

what is coercion

A

the action or practise of persuasion by using force or threats

34
Q

what is deception

A

the act of deceiving someone

35
Q

what is the meaning of exploitation under s98D

A

to exploit means to cause a person to be involved in

  • prostitution or other sexual services,
  • slavery or practices similar to slavery
  • servitude
  • forced labour
  • forced services
  • removal of organs

Violences Offences (9 decks)

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