Short answers - A

Question 1

Explain the doctrine of transferred malice

Answer 1

It is not necessary that the person suffering the harm was the intended victim- R V Hunt- Malice against the person cut is not essential; general malice is sufficient.

Question 2

Definition of injurious substance or device

Answer 2

The term injurious substance or device covers a range of things capable of causing harm to person such as anthrax powder sent to a political target.

Question 3

What are the three intents for Kidnapping - section 209

Answer 3

Unlawfully takes away or detains any person without his or her consent or with his or her consent obtained by fraud or duress with intent to hold him or her for service or ransom to to cause him or her to be confined or imprisoned or cause him or her to be sent or taken out of New Zealand

Question 4

What questions must you ask when you receive information form a CHIS in relation to a robbery

Answer 4

cc

Question 5

When investigating a serious assault what circumstantial evidence can you use to prove intent.

Answer 5

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 and the degree of resistance or helplessness of the victim.

Question 6

What is the statutory defence in relation to blackmail

Answer 6

R V Marshall- An accused can avoid liability where he or she believes in an entitlement to obtain a benefit or cause loss,and, objectively viewed , the threat is a reasonable and proper means for bringing about that obtaining or causing the loss. It will be for a jury to determine whether the means were reasonable and proper.

Question 7

Would a charge under 198A fail if the police officer was trespassing

Answer 7

Yes because the police officer must be acting in lawful execution of his duty and when he is trespassing he is doing without lawful authority