To Study Violence Flashcards
Aggravated Assault (1) Act, Section, Elements
Aggravated Assault - Section 192(1) CA1961
Assaults any person
With intent to:
(a) Commit or facilitate the commission of any imprisonable offense; or
(b) Avoid detection of himself or any other person in the commission of any imprisonable offense; or
(c) Avoid arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offense.
Aggravated Assault (2) Act, Section, Elements
Aggravated Assault Section 192(2) CA1961
- Assaults
- Any Constable or
- Any person acting in the aid of any Constable, or
- any person in the lawful execution of any process
- With intent to obstruct the person so assaulted in the execution of his duty.
Elements of Assault
- Intentionally applying or attempting to apply force to the person of another, directly or indirectly, or
- Threatening by any act or gesture to apply force to the person of another, in circumstances where the victim believes the offender will be able to carry out the threat.
Peneha v Police
It is sufficient that the defendants’ act’s forcibly interfere with the personal freedom of the victim.
R v Wells
there is no requirement that the harm be inflicted on the victim of the robbery, it can include any other person present.
R v Mitchell
There may be occasions where property is handed over to a theif as a result of threats previously made that are still operating on the mind of the victim.
Assault with Intent to Rob - Name, Act, Section
Assault with Intent to Rob - 236 CA1961
- With intent to
- Rob
- Any person
(a) Causes grievous bodily harm to that person or any other person; or
(b) being armed wt any offensive weapon or instrument, or anything appearing to be such a weapon or instrument, assaults that person or any other person; or
(c) being together with any other person or persons, assaults that person or any other person.
Abduction of a Young Person Under 16 (1)
Section 210(1) CA 1961
- With intent to deprive a parent or guardian or other person having the lawful care or charge of a young person, of the possession of a young person
- Unlawfully
- Takes or entices or detains
- The young person
Abduction (Receives) of a young person under 16 - Act, section, elements
Abduction 210(2)
Receives
A young person
Knowing that he or she has been unlawfully taken away or enticed away or detained
with intent to deprive a parent or guardian or other person having the lawful care or charge or possession of him or her of the possession of him or her.
R v M
The crown must prove that the accused intended to take away or detain the complainant and that he or she knew that the complainant was not consenting.
Discharging Firearm with Intent Section 198(1)(a) CA 1961
Section 198(1)(a) CA 1961
- With intent to do GBH
- Discharges any Firearm, Airgun or other similar weapon
- At any person
Doing Dangerous Act with Intent Section 198(1)(b) CA 1961
Section 198(1)(b) CA 1961
- With intent to do GBH
- Sends any person or, delivers to any person or, puts in any place.
- Any explosive or injurious substance
Using any firearm against law enforcement officer, etc - Section 198A(1) CA 1961
Section 198A(1) CA 1961 - Uses any firearm in any manner whatever
- Against any, Constable, Traffic officer, prison officer
- Acting in the course of his or her duty
- Knowing that, or being reckless weather or not that the person is a constable, traffic officer, prison offer so acting.
Using any firearm against law enforcement officer, etc - Section 198A(2) CA 1961
Section 198A(2) CA 1961 - Uses any firearm in any manner whatever
- With intent to resist the lawful arrest or detention of himself, herself or any other person
R v Pekepo
A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient proof. An intent to shoot that person must be established.
Police v Parker
“Use in any manner whatever”, is to contemplate a situation short of actually firing the weapon and includes presenting the rifle too.
Simester and Brookbanks - knowing
Knowing means, “knowing or correctly believing” The defendant may believe something wrongly but cannot “know” something is false.
R v Kelt
“Having” a firearm requires a very close physical link and degree of immediate control over the weapon.
R v Fisher
In regard to section 198(A)(1) it is necessary for the crown to prove that the accused knew someone was attempting to arrest or detain them.
R v Swain
To deliberately remove a sawn-off shotgun from a bag after being confronted by Police amounts to use of that firearm.
Define Pistol
Any firearm designed or adapted to fire with one hand and includes any firearm less than 762cm in length.
Military-style semi-automatic (MSSA) definition
A semi-automatic firearm with one or more of the following features:
- Folding or telescopic butt
- Bayonet lugs
- A Flash suppressor
- Capable of holding more than 12 .22 rimfire cartridges
- Capable of holding more than 7 cartridges (or 10 if detachable)
Blackmail Act, section, elements
Blackmail Section 237 CA 1961
- Threatens, expressly OR by implication
- to make any accusation against any person (whether living or dead)
OR
- 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 to:
(a) 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.
Define threatens
to state one’s intention to take hostile action against another
Define Accusation
An allegation that a person is guilty of criminal offending.
Define Disclosure
The revelation of information which would cause serious embarrassment or emotional distress.
Define Obtains
To retain for himself or any other person
Define Benefit re black mail
Any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.
Define Pecuniary Advantage
Financial gain, enhancement of a person’s financial position.
Define Privilege
A special right or advantage, need not be a financial one.
Define Valuable consideration
Money or money’s worth
Statutory defense to Blackmail?
Statutory defense to Blackmail?
Section 237(2) CA1971 - The person making the threat must believe they were entitled to obtain the benefit or cause the loss and;
believe it was a proper and reasonable means of effecting their purpose.
What are the five phases of a Blackmail investigation?
- Initial report phase
- Mobilisation phase
- Consolidation phase
- Investigation and operation phase - (negotiation, payment, pseudo payment, intervention / arrest)
- Reactive phase
Demanding with intent to Steal, etc (1) - Act, Section, Elements
Demanding with intent to Steal, etc - Section 239(1) CA1961
- Without claim of right
- By force OR with any threat
- Compels
- Any person
- To execute OR make OR accept OR endorse OR alter OR destroy any document capable of conferring a pecuniary advantage
- With intent to
- Obtain any benefit
Demanding with intent to Steal, etc (2), (Menaces) - Act, Section, Elements
- With Menaces or by any threat
- Demands any property
- From any person
- With intent to steal it
Difference between Smuggling Migrants and Trafficking in persons
Smuggling migrants involves a perosn hwo has freely consented to be brought to New Zealand as an illegal immigrant and is not subject to coercion or deception.
Trafficking persons involves a person who is brought to New Zealand by means of coercion and / or deception for the purpose of forced labor, organs, sexual exploitation.
Smuggling Migrants (1) - Section, Act, Elements
Smuggling Migrants Section 98C(1) CA1961
- Arranges for an unauthorised migrant to enter New Zealand OR any other state if he or she
- does so for a material benefit; and
- either knows that the person is, or is reckless as to whether the person is, an unauthorised migrant.
Smuggling Migrants (2) - Section, Act, Elements
Smuggling Migrants Section 98C(2) CA1961
- Arranges for an unauthorised migrant to be brought to New Zealand or any other state, if he or she
- Does so for a material benefit; and
- either knows that the person is, or is reckless as to whether the person is an unauthoriesed migrant and either;
- knows that the person intends to try to enter the state OR is reckless as to whether the person intends to try enter the state.
What is the penalty for people trafficking and smuggling?
Term of imprisonment not exceeding 20 years or
A fine not exceeding $500,000.00
or Both
Trafficking in Persons (1)(a) - Section, Act, Elements
Trafficking in Persons Section 98D(1)(a) CA1961
- Arrangers OR organises OR procures
- The entry of a person into OR the exit of a person out of New Zealand OR any other State
- For the purpose of exploiting or facilitating the exploitation of the person; or
- Knowing that the entry or exit of the person involves 1 or more acts of deception of the person, or both
Trafficking in Persons (1)(b) - Section, Act, Elements
Trafficking in Persons Section 98D(1)(b CA1961
- Arranges OR organises OR procures
- the reception OR recruitment OR transport OR transfer OR concealment OR harboring of a person in New Zealand Or any other State
- For the purpose of extorting OR facilitating the exploitation of the person; OR
- Knowing that the reception, recruitment, transport, transfer, concealment or harboring of the person involves 1 or more acts of coercion against the person OR 1 or more acts of deception of the person OR both.
