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CIB Modules > Violence > Flashcards

Violence Flashcards

1
Q

R v Taisalika

A

The nature of the blow and gash which it produced points strongly to the necessary intent.

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2
Q

R v Rapana and Murray

A

Disfigure covers both permanent and temporary damage.

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3
Q

DPP v Smith

A

GBH = really serious. Bodily harm needs no explanation.

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4
Q

R v Waters

A

A wound is the breaking of the skin evidenced by the flow of blood. May be internal or external.

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5
Q

R v Donovan

A

Bodily harm includes an hurt or injury calculated to interfere with the comfort of the victim. It need not be permanent, but must be more than merely transitory or trifling.

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6
Q

Cameron v R

A

Recklessness is established if defendant knew there was a real possibility that actions would bring the result, and circumstances existed, and understood risk and actions were unreasonable.

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7
Q

R v Tipple

A

Reckless mean knowing of the risk and acting anyway.

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8
Q

R v Collister

A

Actions and words before, during and after the event, the surrounding circumstances, and the nature of the act itself can infer intent.

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9
Q

Discharges

A

To fire or shoot

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10
Q

Firearm (s2 AA83)

A

Anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive.

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11
Q

R v Pekepo

A

A reckless discharge of a firearm in the direction of a passer-by who happens to be hit, is not sufficient proof of intent

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12
Q

Airgun (s2 AA83)

A

Anything from which any shot, bullet, missile, or other projectile can be discharged by gas or compressed air.

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13
Q

Any matter whatever

A

Handling or manipulating a firearm in a manner that conveys an implied threat.

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14
Q

Intent

A

Intention to commit the act and to get the specific result/deliberate act

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15
Q

R v Swain

A

Deliberately or purposefully removing a shotgun from a bag after being confronted by or called on by a Constable, amounts to use of that firearm.

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16
Q

Knowing (Simester and Brookbanks)

A

Knowing or correctly believing

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17
Q

Fisher v R

A

Must prove offender knew someone was trying to arrest or detain them.

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18
Q

Explosive (s2 AA83)

A

Any substance or mixture capable of decomposition to result in an explosion or pyrotechnic effect, excluding fireworks.

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19
Q

Pistol (s2 AA83)

A

Any firearm that is designed or adapted to be held and fired with one hand; and includes any firearm that is less than 762mm in length.

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20
Q

s66 Arms Act 1983

A

Occupier of premises or driver of vehicle deemed to be in possession of items found therein - unless he proves that it was not his property and that it was in possession of some of other person.

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21
Q

R v Crossan

A

Incapable of resistance includes a powerlessness of the will as well as a physical incapacity. The term violent means is not limited to physical violence and may include threats of violence depending on the circumstances.

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22
Q

Injurious substance or device

A

A range of things capable of causing harm to a person.

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23
Q

R v Wati

A

There must be proof of the commission or the attempted commission of a crime either by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate.

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24
Q

R v Tihi

A

Two-fold test in relation to intent:
- Intent to facilitate the commission of an imprisonable offence.
- Intent to cause the specified harm or was reckless as to the risk.

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25
Q

R v Skivington

A

Claim of right is a defence to theft, and therefore robbery.

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26
Q

R v Lapier

A

Robbery is complete the instant the property is taken, even in possession is momentary.

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27
Q

R v Maihi

A

Must be a clear connection between the act of stealing and threat/application of violence. Both must be present, however, does not require the act of stealing and the threat be made contemporaneously.

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28
Q

R v Joyce

A

Must establish that two people were physically present at the time.

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29
Q

R v Galey

A

Being together means two or more persons having the common intention to use their combined force.

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30
Q

R v Peat

A

Return of the property does not negate the offence.

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31
Q

Theft (s219)

A

Dishonestly and without claim of right, taking any property with intent to deprive any owner permanently of that property or of any interest in that property.

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32
Q

Dishonestly

A

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.

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33
Q

Claim of right (s2 CA)

A

a belief in proprietary or possessory right in property.

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34
Q

R v Cox

A

Possession has physical and mental element.
Physical = actual or potential physical custody or control.
Mental = Knowledge + intention. Knowledge that in possession and intention to exercise possession.

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35
Q

Control

A

To exercise authoritative or dominating influence over it.

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36
Q

Property (s2 CA)

A

Includes real or personal property, and any estate or interest in any real or personal property, and any debt, and any thing in action, and any other right or interest.

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37
Q

Peneha v Police

A

Sufficient that actions of the defendant forcibly interfere with personal freedom or amount to forcible powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort.

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38
Q

R v Broughton

A

Threat may be direct or veiled. Conveyed by actions or words. Absence of fear by the victim does not negate threat.

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39
Q

Extort

A

To obtain by violence, coercion or intimidation or to extract forcibly. Implies an overbearing of the will of the victim.

40
Q

Prevent

A

To keep from happening (anticipates resistance and uses violence or threats to ensure it does not start).

41
Q

Overcome

A

To defeat; to prevail over; to get the better of in a conflict.

42
Q

R v Joyce

A

Must establish that at least two people were physically present at the time the robbery was committed or the assault occurred.

43
Q

R v Galey

A

Together with = common intention to use their combined force to commit the crime.

44
Q

R v Bentham

A

Body parts are not a weapon.

45
Q

Offensive weapon (s202A CA)

A

Any article capable of being used for bodily injury. Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use.

46
Q

Three broad classes of offensive weapon

A
  • Items that are made solely for the purpose of attacking or inflicting injury, such as firearms, swords
    or knuckledusters.
  • Items that may otherwise have an innocent purpose but have been altered or adapted for use for
    causing injury, such as a bottle that has been deliberately broken to create a jagged edge.
  • Items that are intended to cause injury, which includes anything capable of causing injury that is
    carried by the defendant for that purpose, such as a baseball bat or a knife.
47
Q

Assault (s2 CA)

A

Intentionally applying, or threatening to apply force to the person of another, directly or indirectly.

48
Q

Doctrine of transferred malice

A

Person suffering injury need not be the intended person. Still liable even if accidental victim eg mistaken identity or force intended for another.

49
Q

Blackmail (s237)

A

Threatens, expressly or by implication, to make any accusation against any person (living or dead), or to cause serious damage to property or endanger the safety of any person with intent:
- to cause the person to whom the threat is made to act in accordance with the will of the person making the threat AND
- to obtain any benefit and cause any loss to any other person

50
Q

Unlawfully

A

Without lawful justification or excuse

51
Q

Consent

A

A persons conscious and voluntary agreement to something desired or proposed by another. May be conveyed by words or conduct or both.

52
Q

R v Cox

A

Consent is full, voluntary, free and informed. Freely and voluntarily given by a person in a position to form rational judgement.

53
Q

Duress

A

Agreement based on fear of consequences of refusal.

54
Q

Fraud

A

Deceiving victim by misrepresenting facts or intentions .

55
Q

R v Crossan

A

Taking away and detaining are separate distinct offences

56
Q

R v Wellard

A

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

57
Q

R v Pryce

A

Detains is an active concept “keep in confinement or custody”

58
Q

R v Mohi

A

(Abduction/Kidnapping)
Offence is complete at the time of taking as long as necessary intent.

59
Q

Ransom

A

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

60
Q

To service

A

To keep the victim as a servant or slave.

61
Q

R v M

A

The Crown must prove that the accused intended to take away or detain the complainant and that they knew the complainant was not consenting.

62
Q

s209A CA 1961

A

A young person cannot consent to being taken away or detained.

63
Q

s210 Crimes Act other provisions

A

210(3)(a) Consent is irrelevant
210(3)(b) Immaterial if offender believes YP is over 16

64
Q

s210A

A

Statutory defence of good faith
Prosecution must negate good faith beyond reasonable doubt.
A person who claims in good faith, a right to the possession of a YP under 16 cannot be convicted against 209 or 210.

65
Q

Confining

A

Restricting a persons movement to within a geographical area. Includes curtailing activity and exercising control and influence over them.

66
Q

Imprison

A

To be held as if in prison.

67
Q

R v Waaka

A

Intent may be formed at any time during the taking away.

68
Q

Entice

A

To tempt, persuade, or attract by arousing hope or desire.

69
Q

R v Forrest and Forrest

A

The best evidence possible in the circumstances should be adduced by the prosecution in proof of victims age. (birth certificate in conjunction with independent evidence)

70
Q

NZ Police role in people smuggling

A

Prevention, Protection, Prosecution

71
Q

Migrant Smuggling

A

Involves a person who has freely consented to be brought into NZ as an illegal immigrant and is not subjected to coercion or deception.

72
Q

People Trafficking

A

Involves a person who is brought into NZ by means of coercion or and/or deception (often occurs for exploitation in the destination country e.g. forced labour, organ harvesting, sexual exploitation)

73
Q

Differences between migrant smuggling and people trafficking

A
  • Consent
  • Purpose of travel or movement
  • Relationship between the person moved and the people enabling movement
  • Violence, intimidation or coercion
  • Liberty
  • Profit
74
Q

Investigative approach to migrant smuggling/people trafficking

A
  • Reactive investigation - victim led/Police approached
  • Proactive investigation - Police led, investigation and intelligence to identify and prosecute
  • Reactive investigation - level of risk demands immediate response
75
Q

Knowledge - Simester and Brookbanks

A

Knowing or correctly believing. Cannot know if false.

76
Q

Maims

A

Involves mutilating, crippling, disabling a part of the body/senses or deprive of
its use. Must be some form of permanence.

77
Q

Disfigures

A

Deform or deface, alter figure or appearance of person.

78
Q

Injure

A

Actual bodily harm

79
Q

R v McArthur

A

“Bodily harm” means hurt or injury that interferes with the health or comfort of the victim.

80
Q

Explosive (s2 AA83)

A

Any substance or mixture capable of decomposition to result in an explosion or pyrotechnic effect (exc. fireworks)

81
Q

Unlawfully

A

Without lawful justification or excuse

82
Q

Consent

A

A persons conscious and voluntary agreement to something desired or proposed by another

83
Q

Sexual connection

A

Introduction into the genitalia or anus by another person, using part of their body or object manipulated (exl legit medical exam)

84
Q

Blackmail

A

Involves a threat to disclose something about a person, intending to cause harm or benefit from the accusation. Includes commercial extortion and threats of product contamination.

85
Q

5 Phase Investigation of Blackmail offences

A
  • Initial report
  • Mobilisation
  • Consolidation
  • Investigation and operational response
  • Reactive
86
Q

Benefit

A

Any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.

87
Q

s239 Demanding with intent to steal

A

The defendant has used force or threats to cause another to create, alter or deal with a document which is capable of conferring a pecuniary advantage.

88
Q

Claim of Right s2 CA

A

A belief in possessory or proprietary right to the property.

89
Q

Property s2 CA

A

Includes any real or personal property

90
Q

Compel

A

Force, constrain, bring about (an action) by force.

91
Q

s237(2)

A

Statutory defence to blackmail.
If the person believes that they are entitled to the benefit or to cause the loss, AND the making of the threat is, in the circumstances, a reasonable and proper means for effecting their purpose.

92
Q

Recklessly

A

Consciously and deliberately ran a risk, unreasonable risk to take

93
Q

Recklessness - subjective/objective test

A

It must be proved that the defendant was aware of the risk and proceeded regardless (subjective test) and that it was unreasonable for them to do so (objective)

94
Q

Maims

A

Involves mutilating, crippling, or disabling a part of the body or senses or depriving of it’s use. Needs to be some degree of permanence.

95
Q

Disfigures

A

Deform or deface, to mar or alter figure or appearance of a person

96
Q

Assault

A

The act of intentionally applying or attempting to apply force to the person of anther, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has or causes the other person to believe on reasonable grounds that they have the present ability to effect their purpose.

CIB Modules (10 decks)

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