Violence

Question 1

Wounding with Intent

with intent to GBH

Answer 1

Section 188(1) CA 1961
With intent to cause GBH
To any person
Wounds/Maims/Disfigures/Causes GBH
To any person

Question 2

With intent to cause GBH

Answer 2

Intent
There must be an intention”
-To commit the act, and
-get a specific result

‘intent means that an act or omission must be done deliberately. The act or omission must be more than involuntary or accidental.

R V Talisalika
The nature of the blow and the gash which it produced point strongly to the presence of the necessary intent.

R V Collister
Circumstantial evidence from which an offender’s intent may be inferred can include”
-The offender’s actions and words before, during and after the event
-the surrounding circumstances
-the nature of the act itself.

GBH
‘harm that is really serious’

DPP V Smith
Bodily harm needs no explanation and grievous means no more and no less than really serious.

Question 3

Wounds

Answer 3

Wounds
R V Water
A wound is a breaking of the skin evidence by the flood of blood. may be internal or external.

Question 4

Maims

Answer 4

Maims

Deprive the victim of the use of a limb or of one of the senses. needs to be some degree of permanence.

Question 5

Disfigures

Answer 5

Disfigures
To deform or deface; to mar or alter the figure or appearance of a person.

R V Rapana and Murray
Disfigure covers not only permeant damage but also temporary damage

Question 6

GBH

Answer 6

GBH
‘harm that is really serious’

DPP V Smith
Bodily harm needs no explanation and grievous means no more and no less than really serious.

Question 7

Doctrine of transferred malice (to any person)

Answer 7

It is not necessary that the person suffering the harm was the intended victim. where the defendant mistakes the identity of the person injured, or where harm intended for one person is accidentally inflicted on another, he is still criminally responsible, under the Doctrine of Transferred Malice, despite the wrong target being struck.

Question 8

Wounding with intent

to injure / reckless disregard

Answer 8

Section 188(2) CA 1961
With intent to injure any person
OR
With reckless disregard for the safety of others

Wounds/ Maims/ Disfigures/ Causes GBH

Any person

Question 9

With intent to injure any person

Answer 9

Intent

Injure
Section 2 CA 1961
Means to cause actual bodily harm

R V McArthur
Bodily harm includes any hurt or injury calculates to interfere with the health of comfort of the victim. it need not be permanent but must be more than transitory or trifling

Question 10

With reckless disregard for the safety of others.

Answer 10

Acting recklessly
When recklessness is an element in offence the following must be proved”
(1) that the defendant consciously and deliberately ran a risk (a subjective test)
(2) that the risk was one that was unreasonable to take in the circumstances as they were known to the defendant (objective test - based on whether a reasonable person would have taken the risk).

Cameron V R
Recklessness is establish if:
(a) the defendant recognized that there was a real possibility that:
(i) his or her actions would bring about the proscribed results; and/or
(ii) that the proscribed circumstances existed and;
(b) having regard to that risk those actions were unreasonable.

R V Tipple
Recklessness requires that the offender know of, or have conscious appreciation of the relevant risk, and it may be said that it requires “a deliberate decision to run the risk”.

Question 11

Aggravated wounding

Answer 11

Section 191(1) Crimes Act 1961
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 imprisinable offence; or
(c) to avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence-

Wounds
Maims
disfigures 
causes GBH to any person
stupefies
renders unconscious any person
by an violent means renders any person incapable of resistance 

Any Person

Question 12

With intent: (a) to commit or facilitate the commission of any impriosnable offence

Answer 12

Intent

(a) to ‘facilitate’ means to make possible or make easy/easier/ Provided they have the necessary intent at they time the harm is caused, it is immaterial whether they actually commit the intended imprisonable offence or not

R V Watti
There must be proof of the commission or attempted commission of a crime either by the person committing the assault or by the person whose arrest or flight he intents to avoid or facilitate

Imprisonable offence
An imprisonable offence is an offence punishable by imprisonment

R V Tihi
In addition to one of the specific intents outlined in the paragraphs (a) - (c) it must be shown that the offender meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose other to the risk of suffering it.

Question 13

With intent: (b) to avoid the detection of himself or of any other person in the commission of any imprisonable offence

Answer 13

Intent

(b) the offender causes the specified harm to prevent himself or another person from being ‘caught in the act’

R V Watti
There must be proof of the commission or attempted commission of a crime either by the person committing the assault or by the person whose arrest or flight he intents to avoid or facilitate

Imprisonable offence
An imprisonable offence is an offence punishable by imprisonment

R V Tihi
In addition to one of the specific intents outlined in the paragraphs (a) - (c) it must be shown that the offender meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose other to the risk of suffering it.

Question 14

With intent: (c) to avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence

Answer 14

intent

(c) the specified harm is caused to enable the offender or offenders to more easily effect their escape, or to prevent their capture.

R V Watti
There must be proof of the commission or attempted commission of a crime either by the person committing the assault or by the person whose arrest or flight he intents to avoid or facilitate

Imprisonable offence
An imprisonable offence is an offence punishable by imprisonment

R V Tihi
In addition to one of the specific intents outlined in the paragraphs (a) - (c) it must be shown that the offender meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose other to the risk of suffering it.

Question 15

Stupefies

Answer 15

means to induce a state of stupor, to make stupid, to make groggy or insensible; to dull the senses or faculties.

R V Strum
To stupefy mean to cause an effect on the mind or nervous system of a person which really seriously interferes with that persons mental or physical ability to act in a way which might hinder an intended crime.

Question 16

Render unconscious any person

Answer 16

To ‘render’ means to ‘cause to be’ or ‘cause to become’. the offender’s actions must cause the victim to lose consciousness.

Question 17

By any violent means renders any person incapable or resistance

Answer 17

“violent means” is not limited to physical violence and may include threats of violence, depending on the circumstances

R V Crossan
Incapable of resistance includes a powerlessness of the will as well as a physical incapacity

Question 18

Abduction

Answer 18

Section 208 Crimes Act 1961

Unlawfully

Takes
Or
Detains

A Person

Without their consent
Or
With consent obtained by fraud or duress

With intent to:

(a) go through a form of marriage or civil union or
(b) have sexual connection with the person or
(c) cause the person to go through a form of marriage or civil union or to have sexual connection, with some other person

Question 19

Unlawfully

Answer 19

Without lawful justification or excuse

Question 20

Takes away

Answer 20

R V Crossan
Taking away and detaining are “separate and distinct offences”

Taking away

R V Wellard
The essence of the offence of kidnapping is the “deprivation of liberty coupled with a carrying away form the place where the victim wants to be”

Question 21

Detains

Answer 21

R V Crossan
Taking away and detaining are “separate and distinct offences”

Detains
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 a mere failure to hand over.

Question 22

Without their consent

Answer 22

Consent

R V Cox

Section 209A CA 1961
For the purposes of sections 208 and 209, a person under the age of 16 years cannot consent to being taken away or detained.

Question 23

With consent obtained by fraud or duress

Answer 23

Section 209A CA 1961
For the purposes of sections 208 and 209, a person under the age of 16 years cannot consent to being taken away or detained.

Consent obtained by fraud
Deceive the victim into agreeing to a proposition by misrepresenting the facts or their intentions

Consent obtained by duress
Acquiesce to an offender’s demands based on the 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

Question 24

With intent to:

(a) go through a form of marriage or civil union or
(b) have sexual connection with the person or
(c) cause the person to go through a form of marriage or civil union or to have sexual connection, with some other person

Answer 24

Marriage and sexual connection appear only as matters of intent, and it is not necessary to prove that they actually occurred or were even attempted.

R V Mohi
The offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent. It has never been regarded as necessary … that the Crown should show the intent was carried out.

Question 25

Kidnapping

Answer 25

Section 209 Crimes Act 1961

Unlawfully

Takes away
OR
Detains

A Person

Without their consent
OR
With consent obtained by fraud or duress

With intent to-

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

Question 26

Unlawfully (kidnapping)

Answer 26

Without lawful justification or excuse

Section 210A Crimes Act 1961
A person who claims in good faith a right to the possession of a young person under the age of 16 years cannot be convicted of an offence under section 209 or section 210 because he or she gets possession of the young person

Question 27

With intent to

(a) Hold him or her for ransom or to service

Answer 27

Ransom

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

Question 28

With intent to

(b) cause him or her to be confined or imprisoned

Answer 28

Confine
Confining a person can include restricting their movements to within a geographical area, but also has a wider meaning that includes curtailing their activity and exercising control and influence over them

Imprison
to imprison a person means to put them in prison or to confine them as if in prison. it has a narrower meaning than confine.

Question 29

Abduction of a young person under 16

Answer 29

Section 210(1) CA 1961

With intent to deprive a parent or guardian or other person having lawful care or charge of a young person of the possession of the young person

Unlawfully

Takes
OR
Entices away
OR 
detains

the Yong Person

Question 30

With intent to deprive a parent or guardian or other person having the lawful care or charge of a young person the possession of the young person

Answer 30

intent
Depriving a parent of possession may not be the offender’s primary intention, however if they know that their actions will inevitably cause that outcome, then depriving the parent can also be said to have been intentional.

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

It is not necessary to prove the accused intended a permanent deprivation.

Possession
R V Cox
Possession involves two elements. the first, often called the physical element, is actual or potential physical custody or control. The second, often described as the mental element, is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.

Question 31

Unlawfully (abduction young person)

Answer 31

Without lawful justification or excuse

Section 210A CA 1961
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 section 209 or 120 because her or she gets possession of the young person.

Question 32

Takes (abduction young person)
OR
Entices away
OR 
detains

Answer 32

Same as kidnapping/abduction

Section 210 CA 1961

(3) for the purposes of subsection (1) and (2)-
(a) it is immaterial whether the young person consents, or is taken or goes or is received at his or who own suggestion; and
(b) it is immaterial whether the offender believes the young person to be of or over the age of 16.

Question 33

The young person (abduction young person)

Answer 33

Section 210 CA 1961
(4) in this section young person means a person under the age of 16 years

R V Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.

Question 34

Abduction of a young person (receives)

Answer 34

Section 210(2) CA 1961

Receives

A young person

Knowing that he of she has been unlawfully taken or enticed away or detained with intent to deprive a parent or guardian or other person having the lawful care or charge of him or her of the possession of him or her.

Question 35

Receives (abduction young person)

Answer 35

What amounts to “receiving” a young person will in each case be a question of fact and degree. it will include receiving physical custody of the young person. several people could jointly “receive” a young person for the purpose of liability under this provision.

Question 36

Knowing that he or she has been unlawfully taken or enticed away or detained with intent to deprive a parent or guardian or other person having the lawful car or charge of him or her of the possession of him or her.

Answer 36

Section 210A CA 1961
A person who claims in good faith a right to the possession of a young person under the age of 16 years cannot be convicted of an offence under section 209 or section 210 because he or she gets possession of the young person

Knowledge
The offender must know that the young person they are receiving has been abducted.

AP simester and wj brookbanks principles of criminal law
Knowing means knowing or correctly believing. the defendant may believe something wrongly but cannot know something that is false.

Section 210 CA 1961

(3) for the purpose of subsection (1) and (2)-
(a) it is immaterial whether the young person consents or is taken or goes or is received at his or her own suggestions and
(b) it is immaterial whether the offender believes the young person to be over the age of 16

Question 37

Robbery

Answer 37

SEction 234(1) CA 1961

Theft

Accompanied by violence
OR
accompanied by the threat of violence

To any person
OR
Property

Used to extort the property stolen
OR
Used to prevent or overcome resistance to its being stolen

Question 38

Theft

Answer 38

Theft
Section 219(1)(a) CA 1961
Dishonestly and without claim of right takes any property with intent to deprive the owner permanently of that property

Dishonestly
Section 217 CA 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.