Violence Flashcards
Define ‘incapable of resistance’
A person is rendered incapable of resistance by violent means just as effectual as if they were physically incapable.
Eg. someone intending to rape a victim and presenting a loaded revolver at her head.
Define ‘being together with’ and give CL
R v Joyce: The crown must establish that at least two persons were physically at the time the robbery was committed or the assault occurred.
Each much share an intent to steal using their collective force should that be necessary and each must play some active role in the robbery.
What is an ‘accusation’?
It normally refers to an allegation that the defended person is guilty of of a criminal conduct.
R v Kirby (not a must know): A Detective who claimed to have a warrant for the victim and that he’d be going to jail for 10yrs for burglary unless he offered the detective money. These comments amounted to an ‘accusation’ or ‘threat to accuse’.
Define recklessness and CL:
R v Harney:
Recklessness means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the consequence complained of could well have happened, together with an intention to continue the course of conduct regardless of the risk.
Define recklessness and CL:
R v Harney:
Recklessness means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the consequence complained of could well have happened, together with an intention to continue the course of conduct regardless of the risk.
Define ‘stupifies’
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 any way which might hinder an intended crime.
It also includes circumstance where the administration of drugs led to dis-inhibition and stimulated uncharacteristic behaviour.
What is the doctrine of transferred malice?
It means the person suffering the harm is not necessarily the intended victim. Where the defendant makes a mistake of identity or accidentally inflicting harm on another, he is still criminally responsible under the ‘Doctrine of Transferred Malice’.
What are the three intents for kidnapping?
(a) with intent to hold him or her for ransom or to 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.
Define ‘injurious substance’ and give an example:
Its a harmful substance to a human?
- anthrax powder
- boiling water
What does R v Waters say a wound is?
A breaking of the skin would be commonly regarded as a characteristic of a wound. The breaking of the skin will be normally evidenced by a flow of blood and at the site of a blow or impact.
The wound will more often than not be external. But there are those cases where the bleeding which evidences the separation of the tissues may be internal.
Explain the CL in Skivington:
Theft is an elect of robbery, and if the honest belief that a man has a claim of right is a defence to theft, ten it negates one of the elements in the offence of robbery, without proof of which the full offence is not made out.
What are some examples of circumstantial evidence when proving intent in a serious assault case?
- prior threats
- evidence of premeditation
- the use of a weapon
- whether any weapon used was opportunist or purposely bought
- the number of blows
- the degree of force used
- the body parts targeted by the offender (eg the head)
- the degree of resistance or helplessness of the victim (eg. unconscious)
What is the statutory defence for S237 (blackmail)?
A belief by the person making the threat that they are entitled to the benefit or to cause the loss is not in itself a defence to a charge under 237(1), unless the threat is, in the circumstances, a reasonable and proper means for effecting his or her purpose.
Jim sees Billy with a new iPhone which he wants to buy. He tells Billy to give him the phone to play with or else he will punch him in the head. Billy gives him the phone and runs away. What is Jims criminal liability?
A) Robbery
B) Demands with intent to steal
C) No liability under Crimes Act
I’d do A or B:
A: Robbery: Threat of violence (punch in the head) to any person (Billy) used to extort the property stolen (iPhone).
B: Demands with intent to steal: By any threat (to punch in the head) demands any property with the intent to steal it (iPhone).
Used A is CS for the same situation so A…
A child in the legal custody of her mother has an argument with her mother. She calls her father and tells him to pick her up. He agrees and comes and picks her up. What offence the father has committed?
A) Abduction of a child S210 CA ‘61 as he has deprived the mother of possession.
B) Nil because he did not intend to deprive the mother permanently of possession.
C) Nil because the daughter wanted her father to pick her up.
B) Nil because he did not intend to deprive the mother permanently of possession.
What is S188(2)?
(2) Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to injure anyone, or with reckless disregard for the safety of others, wounds, maims, disfigures, or causes grievous bodily harm to any person.
