Tashas Pre Req Study

Question 1

What is the definition of dishonestly ?

Answer 1

Dishonestly section 217 crimes act 1961

Dishonestly in relation to an act or omission, means done or omitted without a belief that there was express or implied consent to or authority for the act or omission from a person entitled to give such consent or authority

Question 2

What is the definition of murder?

Answer 2

Murder section 167 crimes act 1961

Culpable homicide is murder in each of the following cases:

a) if the offender means to cause the death of the person killed:
b) if the offender means to cause to the person killed any bodily injury that is known to the offender to be likely to cause death and is reckless whether death ensues or not
c) if the offender means to cause death or being so reckless as aforesaid causes such bodily injury as aforesaid to one person and by accident or mistake kills another person though he does not mean to hurt the person killed
d) if the offender for any unlawful object does an act that he knows to be likely to cause death and thereby kills any person, though he may have desired that his object should be effected without hurting anyone

Question 3

What is the definition of killing a child?

Answer 3

Section 159 (1) and (2) crimes act 1961

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 Independent circulation or not and whether the navel string is severed or not.

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

Question 4

What is definition of section 17 search and surveillance act 2012?

Answer 4

Sec 17 SAS 2012

Warrant less entry and search of a VEHICLE for evidential material in relation to certain offences

A constable May without warrant enter and search a vehicle that is in a public place if

1. The constable has reasonable grounds to believe that
2. Evidential material relating to an offence punishable by imprisonment for a term of 14years or more
3. Is in or on the vehicle

Question 5

Definition of 222 (1) CYF ACT 1989 - who can be a nominated person

Answer 5

1. A solicitor
2. A parent or guardian
3. A person the Juvenal has nominated
4. An adult from the family of whanau
5. Any other adult not being an enforcement officer
6. A person who is not an enforcement officer who has been nominated by you when the CYP refuses to nominated anyone

Question 6

What is the definition of relevant evidence sec 7 (3)

Answer 6

Section 7 (3) evidence act 2006

Relevant evidence is defined as

“Evidence that has a tendency to prove or disprove anything that is of consequence to the determination of the proceedings”

It includes direct evidence and circumstantial evidence

Question 7

JIP explain

Answer 7

Joint investigation plan must agree to

Who will be involved in the case
What they will do
When they will do it

It must also consider
The child’s safety and well being
Any joint visits required
The management of the child victims initial interview including consideration to any ethnicity needs
The need for specialist child witness interview, interview of the offender and others including protective parent or caregiver.

Collection of evidence
Referral to medical practitioner

Question 8

What are the four cases of serious child abuse?

Answer 8

Sexual abuse
Serious physical abuse
Serious wilful neglect
Serious family violence where the child is a witness

All allegations against CYF approved caregivers that involve serious abuse
All allegations against employees of CYF and NZ police that involve serious abuse

Question 9

Explain when the creation of 6 (1) (b) is complete?

Answer 9

R v RUA
The words ‘produce’ or ‘manufacture’ in section 6 (1) (b) broadly cover the creation of controlled drugs by some form of process which changes the original substance into a particular controlled drug.

The offence is complete as soon as the prohibited substance is created whether or not it is in a useable form.

For example in R v Rua, methamphetamine in suspension in a two-layered liquid, although not capable of being used in that state, was held to have been manufactured.

Question 10

What are the ingredients for section 12A (2) MODA

Answer 10

Section 12 A (2) (a) and (b)

(2) Every person commits an offence against this act who has in their possession
(a) Any equipment or material that is capable of being used in or for the commission of an offence against section 6 (1) (b) or section 9

Or

(b) Any precursor substance

With the intention that the equipment, material or substance is to be used in or for the commission of an offence against that provision

Question 11

What is the impact of Age on Section 6 dealing offences for Class C controlled drug?

Answer 11

Section 6 (1) (e) MODA 1975
8years

(1) Sells or offers to sell
(2) Class C controlled drug
(3) To any person over the age of 18 years

Question 12

Definition of receiving section 246 (3)?

Answer 12

RECEIVES

The act of receiving any property stolen or obtained by any other imprisonable offence is complete as soon as the offender has either, exclusively or jointly with the thief possession of or control over the property or helps in the concealing or disposing of the property

Question 13

When interviewing a child what are the two things you must prove about knowledge?

Answer 13

R v Brooks
The onus is on the prosecution to establish that the accused knew the act or omission a wrong or that it was contrary to law

R v Rapira
The child must know that their act was wrong but need not understand that it was seriously wrong

Question 14

What are the three intents of kidnapping?

Answer 14

(a) with intent to hold him or her for ransom or for service or
(b) with intent to cause him or her to be confined or imprisoned or
(c) with intent to cause him or her to be sent or taken out of New Zealand

Question 15

What do you need to prove for aggravated robbery?

Answer 15

(1) every one is liable to imprisonment for a term not exceeding 14years who
(a) robs any person and at the time of or immediately before or immediately after causes grievous bodily harm to any person or

(B) being together with any other person or persons robs any person

(C) being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument robs any persons

Question 16

Discuss the penalty for section 128B

Answer 16

128B crimes act 1961

(1) Every one who commits sexual violation is liable to imprisonment for a term not exceeding 20yrs
(2) A person convicted of sexual violation must be sentenced to imprisonment unless having regard to the matters stated in subsection (3) the court thinks that the person should not be sentenced to imprisonment
(3) the matters are-
(a) the particular circumstances of the person convicted and
(b) the particular circumstances of the offence including the natural and the conduct constituting it.

Question 17

What are the intents for blackmail?

Answer 17

Black mail Section 237 (1) crimes act 1961 14 years imprisonment

(1) Every one commits blackmail who threatens expressly or by implication to make any accusation against any person (living or dead) OR to disclose something about any person (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

Question 18

Explain corroboration

Answer 18

Section 121 CA61
Corroboration.

(1) It is not necessary in a criminal proceedings for the evidence on which the prosecution relies to be corroborated except in respect of the following offences -

(a) perjury sec 108 CA61
(b) false oaths sec 110 CA61
(c) false statement or declaration sec 111 CA61
(d) treason sec 73 CA61

Corroboration is not defined within the act it is independent evidence that tends to confirm or support some fact of which other evidence is given and implicates the defendant in the crime charged.

Question 19

Definition of recklessness and case law ?

Answer 19

Recklessness -

Acting ‘recklessly’ involves consciously and deliberately taking an unjustifiable risk

R V HARNEY
Recklessness involves the foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk.

Question 20

R v gayley

Answer 20

R V GAYLEY

Being together in the context of section 234 (b) involves two or more persons having a common intention to use their combined force either in any event or as circumstances might require, directly in the perpetration of the crime.

Question 21

R v Tihi

Answer 21

R V TIHI

In r v Tihi it was held that in proving an offence against section 191, the prosecution must satisfy a ‘two fold’ test for intent -

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

Question 22

Evidence act section 41 (1) and (2)

Answer 22

Evidence act 2006
Section 41
(1) A defendant in a criminal proceeding may offer propensity evidence about himself or herself.

(2) If a defendant offers propensity evidence about himself or herself, the prosecution or another party may, with the permission of the judge, offer propensity evidence about that defendant.

Question 23

Definition of section 160 crimes act 1961 - culpable homicide

Answer 23

160
(1) Homicide may either be culpable or not culpable

(2) homicide that is culpable consists of the killing of any person

(a) by an unlawful act or
(b) by an omission without lawful excuse to perform or observe a legal duty or
(c) by both combined or
(d) by causing that person to do an act which causes his death or
(e) by wilfully frightening a child under the age of 16years or a sick person

(3) except as provided in section 178 of this act culpable homicide is either murder or manslaughter
(4) homicide that is not culpable is not an offence.

Question 24

Section 162 (2) crimes act 1961

Answer 24

Section 162 (2) crimes act 1961

(2) for a death to be seen as caused by another the death needs to have occurred within a year and 1 day from the time the last unlawful act or omission occurred.

Question 25

Definition of member of household and act /section

Answer 25

195A Crimes Act 1961
A person may be regarded as a member of a household even if that person does not live in the same household but are so closely connected with the household it is reasonable in the circumstances to regard them as a member of the household.

In determining this regard must be had to the frequency and duration of the visits, whether the person has a familial relationship with the victim and any other relevant matters.

Where a victim lives in different households at different times the ‘same’ household refers to the household in which the victim lived at the time of the act or omission giving rise to the risk of death, grievous bodily harm or sexual abuse.

Question 26

R V CROOKS

Answer 26

R V CROOKS
Knowledge means actual knowledge or belief in the sense of having no real doubt that the person assisted was a party to the relevant offence

Question 27

What is trespass surveillance

Answer 27

Tresspass surveillance 7years-

It is surveillance that involves tresspass to land or goods

Question 28

What are the ingredients for attempted arson

Answer 28

Section 268 Crimes Act 1961
10 years imprisonment
Attempted arson

Everyone is liable to imprisonment for a term not exceeding 10 years who attempts to commit arson in respect of any immovable property or any vehicle, ship or aircraft.

Question 29

Conspiracy Section 310 (1) Crimes Act 1961

Answer 29

(1) subject to the provisions of subsection (2) everyone who conspires with any person to commit any offence, or to do or omit, in any part of the world, anything of which the doing or omission in New Zealand would be an offence, is liable to imprisonment for a term not exceeding 7years if the maximum punishment for that offence exceeds 7years imprisonment, and in any other case is liable to the same punishment as if he had committed that offence.

Question 30

Definition of document and case law

Answer 30

Case law

R V MISIC
Essentially a document is a thing which provides evidence or information or serves as a record..

Document section 217 Crimes Act 1961

Document means a document, or part of a document, in any form and includes, without limitation -

(a) any paper or other material used for writing or printing that is marked with matter capable of being read; or
(b) any photograph, or any photographic negative, plate, slide, film, or microfilm, or any photostatic negative, or
(c) any disc, tape, wire, sound track, card, or other material or device in or on which information, sounds, or other data are recorded, stored (whether temporarily or permanently), or embodied so as to be capable, with or without the aid of some other equipment, of being reproduced, or
(d) any material by means of which information is supplied, whether directly or by means of any equipment, to any device used for recording or storing or processing information or
(e) any material derived, whether directly or indirectly or by means of any equipment, from information recorded or stored or processed by any device used for recording or storing or processing information.