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DDC Exam Study Guide 11/24 > Summative 2 > Flashcards

Summative 2 Flashcards

1
Q

Case Law for Taking away and detaining

A

R V CROSSAN

Taking away and detaining are “separate and distinct offences. The first consists of taking [the
victim] away; the second of detaining her. The first offence was complete when the prisoner took
the woman away against her will. Then, having taken her away, he detained her against her will,
and his conduct in detaining her constituted a new and different offence”

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2
Q

Abudction

A

Crimes Act 1961
Section 208
- Unlawfully
- Takes Away OR Detains
- A person
- Without consent OR consent obtained by fraud or duress
- With intent to
A) Go through a form of marriage or civil union
B) Have sexual connection with a person
C) Cause the person to go through a form of marriage or civil union OR to have sexual connection with some other person

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3
Q

Kidnapping

A

Crime Act 1961
Section 209
- Unlawfully
- Take away or Detain
- A Person
- Without their consent OR consent obtained through fraud or duress
- With intent to
A) Hold him or her for ransom OR to service
B) Cause him or her to be confined OR imprisoned
C) Cause him or her to be sent or taken out of New Zealand

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4
Q

Abduction of a young person under 16

A

Crimes Act 1961
Section 210(1)
- With intent to deprive
A) A Parent
B) A guardian
C) Other person having lawful care or custody of a young person
- Of the possession of the young person
- Unlawfully
A) Takes away
B) Entices away
C) Detains
- Young Person

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5
Q

Abduction of a young person under 16 (receives)

A

Crimes Act 1961
Section 210 (2)
- Receives
- A young person
- Knowing that he or she has been
A) taken away
B) Enticed away
C) Detained
- 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.

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6
Q

Two types of intent

A

An intention to commit the act and an intention to get a specific result.

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7
Q

Case law for detain

A

R V PRYCE

Detaining is an active concept meaning to “keep in confinement or custody”. This is contrasted to the passive concept of “harbouring” or mere failure to hand over.

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8
Q

Definition for Takes Away

A

Physically removed from one place to another

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9
Q

Case law for Takes Away

A

R V WELLARD

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

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10
Q

To obtain consent by fraud

A

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

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11
Q

Case Law for document

A

R V MISIC

A document is a thing which provides evidence or information or serves as a record.

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12
Q

Case Law for consent

A

R V COX

Consent must be full, voluntary free and informed and given by a person in a position to from rational judgement.

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13
Q

Dishonestly taking or using a document (Takes/Obtains)
- Liability offence

A

Crimes Act 1961
Section 228 (1) (A)
- Dishonestly
- Without claim of right
- Takes OR obtains
- Any Document
- With intent to obtain any
A) Property
B) Service
C) Pecuniary Advantage
D) Valuable consideration

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14
Q

Dishonestly taking or using a document (Use/attempt to use)
- Liability offence

A

Crimes Act 1961
Section 228 (1) (B)
- Dishonestly
- Without claim of right
- Uses or attempts to use
- any document
- with intent to obtain any
A) Property
B) Service
C) Pecuniary Advantage
D) Valuable consideration

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15
Q

Obtain by deception or cause loss by deception (Obtains ownership)

A

Crimes Act 1961
Section 240 (1) (A)
- By any deception
- Without claim of right
- obtains
A) Ownership
B) Possession of
C) Control over
- Any
A) Property
B) Privilege
C) Service
D) Pecuniary Advantage
E) Benefit
F) Valuable consideration
- Directly or Indirectly

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16
Q

Obtain by deception or cause loss by deception (debt / liability)

A

Crimes Act 1961
Section 240 (1) (B)
- By any deception
- Without claim of right
- In incurring any
A) Debt
B) Liability
- Obtains credit

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17
Q

Obtain by deception or cause loss by deception (Cause person to)

A

Crimes Act 1961
Section 240 (1) (C)
- By any deception
- Without claim of right
- induces or causes any other person to
A) Deliver over
B) Execute
C) Make
D) Accept
E) Endorse
F) Destroy
G) Alter
- Any document or thing capable of being used to derive pecuniary advantage

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18
Q

Obtain by deception or cause loss by deception (cause loss)

A

Crimes Act 1961
Section 240 (1) (D)
- By any deception
- Without claim of right
- cause loss to any person

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19
Q

Case law for taking away

A

R V WELLARD

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

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20
Q

Case law for detains

A

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 failure to hand over.

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21
Q

Consent for under 16 (Section 208 and 209)

A

For the purposes of sections 208 and 209 a person under the age of 16 cannot consent to being taken away.

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22
Q

Case law for intent

A

R V COLLISTER

Circumstantial evidence from which an offenders intent may be inferred can include:
- Actions and words spoken before the event
- The surrounding circumstances
- The nature of the act itself

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23
Q

Case law for proving age

A

R V FORREST AND FORREST

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.

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24
Q

Case law for kidnapping / Abduction offence complete

A

R V MOHI

The offence is committed at the time of taking away, so as long as there is at that moment, the necessary intent.

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25
Q

Case Law for abduction (Young Person)

A

Whether the defendant may have had an innocent motive, or intended to interfere with possession for a very short time is beside the point.

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26
Q

Case Law for document

A

R V MISIC

A document is a thing which provides evidence or information or serves as a record.

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27
Q

Case law for uses document (attempts)

A

Hayes V R

An unsuccessful use of a document is as much use as a successful one.

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28
Q

Case Law for Service (Deception)

A

R V CARA

Service is limited to economic value and exclude privileges or benefits.

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29
Q

Case law for pecuniary advantage

A

HAYES V R

A pecuniary advantage is anything that enhances the accused financial position.

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30
Q

Case Law for valuable consideration

A

A valuable consideration is anything capable of being valuable consideration, whether of a momentary kind or any other kind.

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31
Q

Case Law for intent to deceive

A

R V MORLEY

An intention to deceive requires that the deception is practised in order to deceive the affected party.

32
Q

Case Law for Cause Loss

A

MORLEY V R

The loss alleged by the victim must have been induced by, or caused by reliance upon the deception.

33
Q

Obtain definition

A

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

34
Q

What is the required factor with regard to deception of an offender’s ‘intent to obtain’.

A

They must intend to obtain BY the deception.

35
Q

Property Definition

A

Property includes any real and 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.

36
Q

What are three examples of valuable consideration?

A
  • Monetary payment for goods or services
  • Goods given in return for services provided
  • Issuing a false invoice to receive payment for goods never supplied
37
Q

Dishonestly definition

A

Acting without a belief that there was expressed or implied consent from a person in a position to give such consent or authority.

38
Q

Claim of Right Definition

A

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.

39
Q

Takes Definition

A

Move the property or causes it to be moved.

40
Q

Document definition (CA)

A

a document, or part of a document, in any form.

41
Q

Use

A

To use in any way

42
Q

Attempts elements

A
  • Actus Reus
  • Mens Rea
  • Sufficiently proximate
43
Q

Deception definition

A

A false representation, whether oral, documentary or by conduct, where the person making the representation intends to deceive any other person

44
Q

Control over definition

A

The power of directing and command

45
Q

Privilege/Benefit definition

A

A special right or advantage

46
Q

Debt definition

A

Money owed from one person to another

47
Q

Credit definition

A

An obligation on the debtor to pay or repay, and the time given for them to do so by the creditor.

48
Q

Deliver over definition

A

To surrender something

49
Q

Execute definition

A

To put a course of action into effect

50
Q

Make definition

A

Make it up or create it

51
Q

Endorse definition

A

To write or sign a document

52
Q

Alter definition

A

To change a character or composition

53
Q

Loss definition

A

Financial detriment to the victim

54
Q

To any other person definition

A

A person other than the defendant

55
Q

False representation

A

The representation must be false and the defendant must know or believe that it is false in a material particular, or be reckless whether it is false. Absolute certainty is not required and wilful blindness as to falsity of the statement will suffice.

56
Q

What are the three points that are required to be proved with regard to deception?

A
  • That there was an intent to deceive
  • That there was a representation by the defendant
  • That the representation was false, and that the defendant either knew it to be false in a material particular OR was reckless whether it was false in a material particular.
57
Q

Is silence or non-disclosure regarded as a representation? Are there any exceptions to this? Case law?

A

Generally not, however there can be exceptions, such as in R v Dronjak or Rao v Police.

58
Q

Does a thief ever obtain title to stolen goods?

A

No

59
Q

What are the two necessary actions to avoid title?

A
  • Communicating with the defrauder
  • advising the police
60
Q

What is the name of a title obtained by deception?

A

A “voidable title” - this means that the title can be “avoided” or vacated by the seller, however until the title is avoided, the defrauder has a title (albeit a voidable one) and can confer good title on anyone who acquires the goods from him or her in good faith.

61
Q

Can a seller pass title on to a buyer when they have no rights of ownership to the goods themselves?

A

They can pass on no better title to property than they themselves own - the buyer can receive no greater interest in the goods than the seller had.

62
Q

What is “title”?

A

A legal right to property.

63
Q

What are the two concepts on which the difference between theft and obtaining by deception hinges?

A
  • Possession
  • Ownership
64
Q

Knowledge case law

A

AP SIMESTER AND WJ BROOKBANKS

Knowing means knowing or correctly believing, the defendant may believe something wrongly but cannot know something that is false.

65
Q

Definition of unlawfully

A

without lawful authority or excuse

66
Q

To obtain consent by fraud definition

A

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

67
Q

To obtain consent by duress definition

A

Acquiesce to an offender’s demands based on fear of the consequences if they refuse.

Duress may arise from the actual or implied threat of force to the victim or another person, but can also include other forms of pressure or coercion.

68
Q

Entices

A

To tempt, persuade or attract by arousing hope or desire

69
Q

Types of intent

A

An intent to commit an act
An intent to get a specific result

70
Q

Marry defintion

A

To engage in marriage in accordance with the marriage act 1955

71
Q

Sexual Connection definition

A

a) connection effected by the introduction into the genitalia or anus of one person (otherwise than for genuine medical purposes) of
- a part of the body of another person
- an object manipulated by another person
b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus
c) the continuation of connection in a kind described

72
Q

Ransom definition

A

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

73
Q

Service definition (kidnapping)

A

To keep as a servant or slave

74
Q

Confined definition

A

Restricting their movements to within a geographical area but also means curtailing their activity and exercising control and influence over them.

75
Q

Imprisoned definition

A

To put or confine a person as if they are in prison. This has a narrower meaning than ‘confine’.

76
Q

List other miscellaneous provisions regarding abduction of YP under 16

A

S209A - U16 cannot consent to being taken away or detained

S210(3)(b) - Belief that person over 16 is no defence

S127 - No presumption because of age

77
Q

Case law for kidnapping

A

DDC Exam Study Guide 11/24 (14 decks)

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