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Crime files 2017 > Statutes -Violence > Flashcards

Statutes -Violence Flashcards

Overview of Crimes

1
Q

Wounds with Intent to Cause GBH

A

Section 188 (1) CA 1961 14years With Intent to cause Grevious Bodily Harm; to any person; wounds, maims, disfigures or causes grevious bodily harm; to any person

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2
Q

Distinction between 188(1) & 188(2)

A

Offenders intent. Both relate to actions that result in W, M, D or GBH

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3
Q

Injuring with Intent GBH

A

189(1) CA 1961 10 years -with intent to cause GBH -to anyone -Injures -any person

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4
Q

Injuring with Intent -Injures

A

189(2) CA 1961 5 Years -with intent to injure anyone or with reckless disregard for the safety of others, -injures -any person

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5
Q

Distinction between 189(1) & 189(2)

A

Offenders intent, both result in an injury

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6
Q

Section 191 CA 1961

A

Aggravated wounding 191 (1) Everyone is liable for a term not exceeding 14 years who with the intent-

(a) to commit or facilitate the commission of any imprisonable offence or;
(b) To avoid the detection of himself or of any other person in the commission of any imprisonable offence; or
(c) To avoid 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 GBH to any person, or stupefies or renders unconscious any person, or by violent means renders any person incapable of resistance

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7
Q

Section 191 (1)(a)

A

(1) Everyone is liable for a term not exceeding 14 years who with the intent-
(a) to commit or facilitate the commission of any imprisonable offence-

  • Wounds,
  • Maims,
  • Disfigures or
  • causes GBH to any person,
  • or stupefies
  • or renders unconscious any person,
  • or by violent means renders any person incapable of resistance
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8
Q

Section 191 (1)(b)

A

Aggravated wounding 191

(1) Everyone is liable for a term not exceeding 14 years who with the intent-
(b) To avoid the detection of himself or of any other person in the commission of any imprisonable offence

Wounds, Maims, Disfigures or causes GBH to any person, or stupefies or renders unconscious any person, or by violent means renders any person incapable of resistance

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9
Q

Section 191 (1)(c)

A

Aggravated wounding 191

(1) Everyone is liable for a term not exceeding 14 years who with the intent-
(c) To avoid 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 GBH to any person, or stupefies or renders unconscious any person, or by violent means renders any person incapable of resistance.

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10
Q

Section 192 (1) CA 1961

A

Aggravated assault (1) 3 years who assaults any other person with intent -

(a) to commit or facilitate the commission of any imprisonable offence or;
(b) To avoid the detection of himself or of any other person in the commission of any imprisonable offence; or
(c) To avoid arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offence

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11
Q

Section 192 (2)

A

Aggravated assault 3 years who assaults:

  • any constable or any person acting in aid of any constable, or any person
  • in the lawful execution of any process
  • with intent to obstruct the person assaulted
  • in the execution of his duty…
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12
Q

Section 198 (1)(a) CA 1961

A

Discharging a firearm or doing a dangerous act with intent Section 198 (1) 14 years who, with intent to do GBH-

(a) Discharges any firearm, airgun or similar weapon at any person

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13
Q

Section 198 (1)(b) CA 1961

A

Discharging a firearm or doing a dangerous act with intent Section 198 (1) 14 years who, with intent to do GBH-

(b) Sends or delivers; to any person, or puts in any place, any explosive or injurious substance or device

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14
Q

Section 198 (1)(c) CA 1961

A

Discharging a firearm or doing a dangerous act with intent Section 198 (1) 14 years who, with intent to do GBH-

(c) Sets fire to any property.

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15
Q

Section 198 (2)

A

7 years who, with intent to injure or with reckless disregard for the safety of others does any of the acts referred to in subsection (1)

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16
Q

Firearm Section 2 Arms Act 1983

A

Sec 2 Arms Act 1983 Firearm a) Means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive and b) Includes i) Anything that has been adapted; and ii) Anything which is not for the time being capable of, but which, by its completion or replacement of any component, or repair of any defect would be a firearm; and iii) Anything dismantled or partially dismantled; and iv) Any specially dangerous airgun

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17
Q

Airgun Section 2 Arms Act 1983

A

Sec 2 Arms Act 1983 Airgun Includes - a) Any air rifle; andb) Any air pistol; andc) Any weapon from which, by the use of gas or compressed air (and not by force of explosive), any shot, bullet, missile, or other projectile can be discharged

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18
Q

Explosive Section 2 Arms Act 1983

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, Includes: gun powder, gelignite, detonators Does Not Include: Firearms, fireworks

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19
Q

Section 198 A (1) CA 1961 Liability and penalty

A

(1) 14 years who - *Uses any firearm in any manner whatever * Against any constable or any traffic officer or any prison officer acting in the course of his or her duty * Knowing that OR Being reckless whether or not that the person is a constable or traffic officer or prison officer so acting

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20
Q

Section 198 A (2) CA 1961 Liability & penalty

A

(2) 10 years who

  • uses any firearm in any manner whatever
  • with intent to resist the lawful arrest or detention
  • of himself or herself or of any other person.
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21
Q

198B CA 1961

A

(1) 10years who:
(a) In committing any imprisonable offence Uses any firearm OR
(b) While committing any imprisonable offence,

  • has any firearm with him or her
  • in circumstances that prima facie to show
  • an intention to use it
  • in connection with that imprisonable offence.
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22
Q

Uses any firearm Sec 198B

A

Narrower meaning than 198A

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23
Q

Section 66 Arms Act 1983

A

Occupier of premises or driver of vehicle deemed to be in possession of firearms, air gun, imitation firearm, restricted weapon or explosive found therein until proved otherwise

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24
Q

Robbery Act, Section & Penalty

A

234(1) CA 19612 234 (2) 10 years

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25
Q

Robbery - The Liability

A

* Theft * Accompanied by violence OR threats of violence *To any person or property * Used to extort the property stolen OR Prevent or overcome resistance to it being stolen

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26
Q

Claim of Right Sec 2 CA 1961

A

In relation to any act, means a belief at the time of the act in a proprietary or possessory 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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27
Q

Property Sec 2 CA 1961

A

Includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and anything in action and any other right or interest.

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28
Q

Aggravated Robbery Act, Section & penalty

A

Section 235 CA 1961 14 years

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29
Q

Section 235 (a)

A

*Robs any Person * And at the time of or immediately before or immediately after the robbery * Causes GBH to Any Person

30
Q

Section 235 (b)

A

(b) Being together with any other person or persons * Robs * Any Person

31
Q

Section 235 (c)

A

(c) Being armed with any offensive weapon OR instrument OR anything appearing to be such an offensive weapon or instrument * Robs * Any person

32
Q

Section 236 (1) CA 1961

A

(1) With Intent to Rob any Person
(a) Causes GBH *To that person or any other person
(b) being armed with any offensive weapon or instrument, or anything appearing as such a weapon or instrument, *Assaults that person or any other person
(c) being together with any other person or persons, * assaults that person or other person

33
Q

Section 236 (2) CA 1961

A

Everyone who assaults any person with intent to rob thatb person or any other person is liablie to imprisonment for a term not exceeding 7 yrs

34
Q

Section 237 CA 1961 (Liability) Section 238 CA 1961

A

1) Everyone commits blackmail who

  • 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
  • (a) to cause the person to whom the threat is made to act in accordance with the will of the person making the threat, and
  • (b) to obtain any benefit or to cause loss to any other person 238 (14 years)
35
Q

Section 237 (2) CA 1961

A

Statutory defence:

When the defendant believes in an entitlement to obtain the benefit or to cause the loss AND the threat is objectively viewed as a reasonable and proper means for bringing that about. Up to the jury to decide if threat is reasonable and proper difference between hard bargoning and criminal blackmail

36
Q

Section 237 (3) CA 1961

A

Any benefit, pecuniary advantage, privilege, property, service, or valuable consideration

37
Q

Abduction - liability

A

Section 208 *Unlawfully *Takes away or Detains * A Person * Without his or her consent OR With his or her consent obtained by fraud or duress -a) with intent to marry him or her or b) with intent to have sexual connection with him or her or c) with intent to cause him or her to be married to or to have sexual connection with some other person

38
Q

Abduction Section and Penalty

A

Section 208 (a) or (b) or (c) Crimes Act 1961 14 years imprisonment

39
Q

Kidnapping Act, Section * penalty

A

Section 209 (a) or (b) or (c) Crimes Act 1961 14 years imprisonment

40
Q

209A Crimes Act 1961

A

Section 209A Crimes Act 1961 For the purposes of S208 and S209, a person under the age of 16 years cannot consent to being taken away or detained.

41
Q

Abduction of young person under 16 (1) Section, Penalty, Elements

A

Section 210(1) CA61 - 7 years imp *

  • With intent to deprive a parent or guardian or other person
  • who has the lawful care or charge of a young person of the possession of a young person
  • Unlawfully Takes or entices away or detains the young person
42
Q

Section 210 (3)(a) CA 1961

A

S210(3)(a) CA61 For the purposes of subsection (1) and (2) it is immaterial whether the young person consents, or is taken or goes or is received at his or her own suggestion.

43
Q

Section 210 (3)(b) CA 1961

A

S210(3)(b) CA61 It is immaterial whether the offender believes the young person to be of or over the age of 16

44
Q

Section 210A CA 1961

A

Section 210A CA61 A person who claims in good faith a right to the possession of a young person under the age of 16 cannot be convicted of an offence against S209 or 210 because he or she gets possession of the young person. Does not apply to S208

45
Q

What is the penalty for attempted murder?

A

Everyone who attempts to commit murder is liable for a term of imprisonment not exceeding 14 years

46
Q

Outline section 181 of the Crimes Act 1961 (Concealing a dead body of a child)

A

Every one is liable to imprisonment for a term not exceeding 2 years who:

  • disposes of the dead body of any child
  • in any manner
  • with intent to conceal the fact of its birth,
  • whether the child died before, or during, or after birth
47
Q

Section 153 of the Crimes Act 1961, what is the relevant age of the person who is employed?

A

Under the age of 16 years

48
Q

Pursuant to section 22(3)(a) of the Criminal Disclosure Act 2008, the notice under subsection (1) must include:

A

(3) Without limiting subsection (1),

  • the notice under subsection (1) must include the name and address of the witness or,
  • if the name and address is not known to the defendant when the notice is given,
  • any matter known by the defendant that might be of material assistance in finding that witness;
49
Q

Outline section 25 of the Crimes Act 1961, ignorance of the law:

A

The fact that an offender is ignorant of the law is not an excuse for any offence committed by him.

50
Q

Section 150A:

A

Before a conviction can be obtained for manslaughter where one of the sections referred to in section 150A(1) the prosecution must prove:

a “very high degree” of negligence or “gross negligence”.

51
Q

Section 162 Crimes Act 1961:

A

(Applies to culpable homicide, murder, manslaughter and infanticide)

1) No one is criminally responsible for the killing of another unless the death takes place within a year and a day after the cause of death
2) The period of a year and a day shall be reckoned inclusive of the day on which the last unlawful act contributing to the cause of death took place
3) Where the cause of death is an omission to fulfil a legal duty, the period shall be reckoned inclusive of the day on which such omission ceased
4) Where death is in part caused by an unlawful act and in part by an omission, the period shall be reckoned inclusive of the day on which the last unlawful act took place or the omission ceased, whichever happened last

52
Q

List four statutory legal duties in respect of the Crimes Act 1961

A

Duties imposed by statute are mainly common law duties that have been embodied in statute. The Crimes Act 1961 defines duties to:

  • Provide the necessaries and protect from injury (s151)
  • Provide necessaries and protect from injury to your charges when you are a parent or guardian (s152)
  • Provide necessaries as an employer (s153)
  • Use reasonable knowledge and skill when performing dangerous acts, such as surgery (s155)
  • Take precautions when in charge of dangerous things, such as machinery (s156)
  • Avoid omissions that will endanger life (s157).
53
Q

Section 159(1) &(2) of the Crimes Act 1961

Detail the provisions of section 159(1) & (2).

A

159(1) A child becomes a human being within the meaning of this Act when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, whether it has an independent circulation or not, and whether the navel string is severed or not.

159(2) the killing of such child is homicide if it dies in consequence of injuries received before, during, or after birth.

54
Q

Define Homicide, Section 158 of the Crimes Act 1961

A

Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever.

55
Q

State the ingredients of infanticide (s178 of the Crimes Act 1961).

A

Where a woman causes the death of any child of hers under the age of 10 years in a manner that amounts to culpable homicide, and where at the time of the offence the balance of her mind was disturbed, by reason of her not having fully recovered from the effect of giving birth to that or any other child, or by reason of the effect of lactation, or by reason of any disorder consequent upon childbirth or lactation, to such an extent that she should not be held fully responsible, she is guilty of infanticide, and not of murder or manslaughter, and is liable to imprisonment for a term not exceeding 3 years.

56
Q

What are the ingredients to accessory after the fact to murder?

A
  • Knowing any person to have been party to murder,
  • receives, comforts, assists that person or tampers with or actively suppresses evidence against that person
  • in order to enable him to escape after arrest or to avoid conviction.
57
Q

Sec 150A applies: (standard of care)

A

To any case where unlawful act requires proof of negligence or gross negligence

58
Q

Section 181, C.A 1961 cover?

A

s181, C.A 1961 -

liable 2yrs who:

  • disposes of the dead body of any child in any manner
  • with intent to conceal the fact of its birth,
  • whether the child died before or during or after birth.
59
Q

Insanity?

A

Insanity - is a question of law for the Judge to decide.

Classification by medical witnesses is not final and whether the particular condition is a disease of the mind is a question of law for the judge

60
Q

s25 of the Crimes Act 1961, ignorance of Law, states that.

If an offender is ignorant of the law it is not an excuse for any offences committed by him This section only applies to:

(a) All persons in New Zealand, whether visiting or permanent residents
(b) Applies only to permanent New Zealand residents
(c) All persons in New Zealand apart from temporary foreign visitors.

A

All persons in New Zealand, whether visiting or permanent residents

61
Q

s23(1), Criminal Disclosure Act 2008, relates to Expert Evidence. If the defendant intends to call an expert witness during proceedings, they must disclose to the prosecutor at least …………….. days before the date fixed for the defendant’s hearing or trial.

(a) 7 days
(b) 10 days
(c) 14 days

A

(b) 10 days

62
Q

S159(1) &(2) CA61 define when a child becomes a human being and is therefore able to be murdered under section 159.

Detail the provisions of s159 (1) & (2) - Killing of a child (p11)

A

159 Killing of a child (1) A child becomes a human being within the meaning of this Act when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, whether it has an independent circulation or not, and whether the navel string is severed or not. (2) The killing of such child is homicide if it dies in consequence of injuries received before, during, or after birth.

63
Q

In relation to s160(2)(d)CA61, give two practical examples of culpable homicide which has been caused by the victims actions, prompted by threats or fear of violence? (p15)

A

• Jumps or falls out of a window because they think they are going to be assaulted • Jumps into a river to escape an attack and drowns • Who has been assaulted and believes their life is in danger, jumps from a train and is killed

64
Q

S168(1) C.A 1961, refers to the term grievous bodily injury. What does this mean and give an example of such an injury. (p24)

A

In subsection (1)(a) “grievous bodily injury means harm that is very serious, such as injury to a vital organ”

65
Q

State the ingredients of infanticide, S178,CA61

A

S178 – Infanticide (1) Where a woman causes the death of any child of hers under the age of 10 years in a manner that amounts to culpable homicide, and where at the time of the offence the balance of her mind was disturbed, by reason of her not having fully recovered from the effect of giving birth to that or any other child, or by reason of the effect of lactation, or by reason of any disorder consequent upon childbirth or lactation, to such an extent that she should not be held fully responsible, she is guilty of infanticide, and not of murder or manslaughter, and is liable to imprisonment for a term not exceeding 3 years.

66
Q

With reference to S18(1)(a) &(b), EA06 - General admissibility of hearsay evidence, complete the subsection below: (p49)

A

(1) A hearsay statement is admissible in any proceeding if –
(a) the circumstances relating to the statement provide reasonable assurance that the statement is reliable; and
(b) either;
(i) the maker of the statement is unavailable as a witness, or
(ii) the judge considers that undue expense or delay would be caused if the maker of the statement were required to be a witness

67
Q

Define the term Automatism?

A
  • Automatism can best be described as a state of total blackout,
  • during which a person is not conscious of their actions and not in control of them
68
Q

Sec 154, abandoning child under 6yrs (p39)

A

Every one is liable to imprisonment for a term not exceeding 7yrs who:

  • unlawfully abandons or exposes any child under the age of 6yrs
69
Q

s23 C.A 1961, Insanity states – (p63)

A

23 Insanity

(1) Every one shall be presumed to be sane at the time of doing or omitting any act until the contrary is proved.
(2) No person shall be convicted of an offence by reason of an act done or omitted by him when labouring under natural imbecility or disease of the mind to such an extent as to render him incapable—
(a) Of understanding the nature and quality of the act or omission; or
(b) Of knowing that the act or omission was morally wrong, having regard to the commonly accepted standards of right and wrong.

70
Q

What is outlined in s66(2)?

A

(2) Where 2 or more persons form a common intention to prosecute any unlawful purpose,

  • and to assist each other therein,
  • each of them is a party to every offence committed by any one of them in the prosecution of the common purpose
  • if the commission of that offence was known to be a probable consequence of the prosecution of the common purpose.

Crime files 2017 (26 decks)

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