Violence Flashcards
Section and Elements for Wounding with intent to cause GBH
S188(1) Crimes Act 1961
-With intent to cause grievous bodily harm
-To any person
-Wounds OR maims OR disfigures OR causes GBH
-To any person
Section and Elements for Wounding with intent to injure
S188(2) Crimes Act 1961
-With intent to injure any person OR with reckless disregard for safety of others
-Wounds OR maims OR disfigures OR causes GBH
-To any person
Section and Elements for Injuring with intent to cause GBH
S189(1) Crimes Act 1961
-With intent to cause GBH
-To any person
-Injures
-Any person
Section and Elements for Injuring with intent to injure
S189(2) Crimes Act 1961
-With intent to injure any person OR with reckless disregard for safety of others
-Injures
-Any person
Section and Elements for Aggravated wounding
S191(1) Crimes Act 1961
-With intent
(a) to commit or facilitate the commission of any imprisonable offence OR
(b)To avoid detection of himself or of any other person in the commission of any imprisonable offence OR
(c)To avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
-Wounds OR maims OR disfigures OR causes GBH OR stupefies OR renders unconscious any person OR by any violent means renders any person incapable of resistance
Define Theft
-Dishonestly
-Without claim of right
-Takes
-Any property
-With intent to permanently deprive the owner of that property
Section and Elements for Robbery
S234 Crimes Act 1961
-Theft
-Accompanied by violence OR accompanied by threats of violence
-To any person or property
-Used to extort the property stolen OR to prevent or overcome the resistance to its being stolen
Section and Elements for Aggravated robbery (GBH)
S235(a) Crimes Act 1961
-Robs any person
-At the time of, OR immediately before, OR immediately after, the robbery
-Causes GBH
-To any person
Section and Elements for Aggravated robbery (Together with)
S235(b) Crimes Act 1961
-Being together with any other person or persons
-Robs
-Any person
Section and Elements for Aggravated robbery (weapon)
S235(c) Crimes Act 1961
-Being armed with any offensive weapon or instrument OR anything appearing to be such a weapon or instrument
-Robs
-Any other person
Section and Elements for Assault with intent to rob (GBH)
S236(1)(a) Crimes Act 1961
-With intent to rob any person
-Causes GBH to that person or any other person
Section and Elements for Assault with intent to rob (weapon)
S236(1)(b) Crimes Act 1961
-With intent to rob any person
-Being armed with any offensive weapon or instrument OR anything appearing to be such a weapon or instrument
-Assaults that person or any other person
Section and Elements for Assault with intent to rob (Together with)
S236(1)(c) Crimes Act 1961
-With intent to rob any person
-Being together with any other person or persons
-Assaults that person or any other person
Section and Elements for Assault with intent to rob
S236(2) Crimes Act 1961
-Assaults any person
-With intent to rob that person or any other person
Section and Elements for Abduction
S208 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) 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
Section and Elements for Kidnapping
S209 Crimes 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 to 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
Section and Elements for Abduction of a young person under 16
S210(1) Crimes Act 1961
-With intent to deprive a parent OR guardian OR other person having lawful care or charge of a young person
-Of possession of the young person
-Unlawfully takes away OR entices away OR detains
-The young person
Section and Elements for Abduction of a young person under 16(receiving)
S210(2) Crimes Act 1961
-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 lawful care or charge of him or her of the possession of him or her
Define Person
Accepted by judicial notice or proved by circumstantial evidence
What are the two types of intention in criminal law context
-intention to commit the act
-intention to get a specific result
Case law and application - R v Collister
Application - Intent
Offender’s intent may be inferred from circumstantial evidence
-the offender’s actions and words before, during and after the event
-the surrounding circumstances
-the nature of the act itself
Case law and application - R v Taisalika
Application - Intent
The nature of the blow and gash which it produced on the complainant would point strongly to the presence of the necessary intent
Case law and application -DPP v Smith
Application - GBH
Grievous means no more and no less than really serious
Findings of R v Mwai
Not limited to immediate harm
-the consequences may be delayed but are still consequences.
Examples
-unprotected sex leading to diseases
-psychiatric injury upon later discovering offending (r v Donaldson)
Case law and application - R v Waters
Application - Wound
A wound is the breaking of the skin evidenced by the flow of blood, internal or external
Define Maim
Depriving the victim of the use of a limb or one of the senses. Requires some degree of permanence
Define Disfigures
To deform or deface, to mar or alter the figure or appearance of a person. Not required to be permanent
Case law and application - R v Rapana and Murray
Disfigure covers not only permanent damage but also temporary damage
Explain the doctrine of transferred malice
It is not necessary that the person suffering the harm was the intended victim. The defendant is still criminally responsible despite the wrong target being struck
Case law and application - R v Donovan
Application - Bodily harm/injures
any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but must be more than transitory and trifling
Case law and application - Cameron V R
Application - Recklessness
Recklessness is established if the defendant recognised that there was a real possibility their actions would bring about the proscribed result and that the proscribed circumstances existed and having regard to that risk those actions were unreasonable
Findings of R v Harney
A real possibility is substantively the same as something that could well happen (recklessness)
Case law and application - R v Tihi
Application - Aggravated
Must be shown the offender either meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it
Case law and application - R v Wati
Application - Facilitate Flight
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 intends to avoid or facilitate
Case law and application - R v Sturm
Application - Stupefy
Effect the mind and nervous system which seriously interferes with their mental/physical ablity
Define Stupefy
To induce a state of stupor, to dull the senses or faculties
Section and elements for Discharging firearm or doing dangerous act with intent (firearm)
S198(1)(a) Crimes Act !961
-With intent to do GBH
-Discharges any firearm OR airgun OR other similar weapon
-At any person
Section and elements for Discharging firearm or doing dangerous act with intent (explosive or injurious)
S198(1)(b) Crimes Act 1961
-With intent to do GBH
-Sends to any person OR delivers to any person OR puts in place
-Any explosive or injurious substance
Section and elements for Discharging firearm or doing dangerous act with intent (Arson)
S198(1)(c) Crimes Act 1961
-With intent to do GBH
-Sets fire to any property
Section and elements for Discharging firearm or doing dangerous act with intent (reckless)
S198(2) Crimes Act 1961
-With intent to injure OR
-With reckless disregard for the safety of others
-Discharges any firearm, airgun or other similar weapon at any person OR
-Sends or delivers to any person, or puts in any place, any explosive or injurious substances or device OR
-Sets fire to any property
Sections and element for Using any firearm against law enforcement officer (against person)
S198A(1) Crimes Act 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 whether or not that the person is a constable, traffic officer or prison officer so acting
Sections and element for Using any firearm against law enforcement officer (arrest)
S198A(2) Crimes Act 1961
-Uses any firearm in any manner whatever
-with intent to resist the lawful arrest or detention of himself, herself or any other person
Sections and element for Commission of crime with firearm (General)
S198B(1)(a) Crimes Act 1961
-In committing any imprisonable offence
-Uses any firearm
Sections and element for Commission of crime with firearm (prima facie)
S198B(1)(b) Crimes Act 1961
-While committing any imprisonable offence
-Has any firearm with him or her
-In circumstances prima facie show an intention to use it in connection with that imprisonable offence
Case law and application -R v Pekepo
Application - Intent under 198
A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient proof. An intention to shoot that person must be established.
What is an injurious subtances
Something capable of causing harm to a person.
Eg, Anthrax powder
Define property
Any real and personal property
** and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest**
Case law and application - R v Swain
Application - Any manner whatever
To deliberately or purposely remove a sawn-off shotgun from a bag after being confronted by or called upon by a Police constable amounts to a use of that firearm under S198 CA61
Case law and application - Fisher v R
Application - intent to resist arrest
Must prove the accused knew someone was attempting to arrest or detain him
What does prima facie mean
At first appearance
Circumstances which are sufficient to show or establish an intent in the absence of evidence - Tuli v Police
Define dishonestly
Without a belief that there was expressed or implied consent to, or authority from a person entitled to give such consent or authority
Define claim of right
a belief at the time of the act in a proprietary or possessory right in the property at issue
Case law and application - R v Skivington
Application - Claim of right
Honest belief of claim of right is a defence to theft or robbery
Define taking
Theft is complete the moment the item is taken. Taking is the moving of the item with intent to steal
Case law and application - R v Lapier
Application - Taking
Robbery is complete the instant the property is taken, even is possession by the thief is only momentary
Findings of R v Peat
Immediate return of the property will not purge the offence (taking)
Case law and application - R v Cox (posession)
Application - Possession
Physical (actual control) and mental (knowledge and intention) elements must be proven to show possession
Case law and application - R v Maihi
Application - Accompanied by violence (robbery)
There must be nexus between the act of stealing and threat of violence. Both must be present and not required to be contemporaneous
Findings of R v Mitchell
Property can be handed over to a thief as a result of previous threats made but still operating on the mind of the victim
Case law and application - Peneha v Police
Application - Violence
Actions by the defendant to forcibly interfere with the victim’s personal freedom. Therefore violence or threats must be more than minimal
Case law and application - R v Broughton
Application - Threat
Manifestation of intention to inflict violence can be through words or actions
Define extort
To obtain by violence, coercion or intimidation
Define prevent or overcome resistance
Prevent - to keep from happening
Overcome - to defeat, to prevail over
Case law and application - R v Joyce
Application - together with
The crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred
Findings of R v Wells
No requirement that the harm be inflicted on the victim of the robbery
Case law and application - R v Galey
Application - Together with
Two or more persons having the common intention to use their combined force directly in the perpetration of the crime
Define instrument
Any item intended to be used as a weapon or to intimidate and overbear the victim’s will to resist
Legislation for Blackmail
S237(1) Crimes Act 1961
Everyone who threatens, expressly or by implication, to make any accusation against any person to disclose something about any person or to cause serious damage to property or endanger the safety of any person with intent -
(a) to cause the person 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 cause loss to any other person
Defence to blackmail
S237(2) Crimes Act 1961
Believed they were entitled to obtain the benefit or to cause the loss and viewed the making of the threat was a reasonable and proper means of completing the objective.
Legislation for Demanding with intent to steal
S239 Crimes Act 1961
-without claim of right
-by force or threat
-compels any person to execute, make, accept, endorse, alter or destroy any document capable of conferring a pecuniary advantage -with intent to obtain any benefit
Case law and application - R v Wellard
Application - Kidnapping
The essence of kidnapping is the deprivation of liberty coupled with the carrying away from the place where the victim wants to be
Case law and application - R v Crossan
Application - Taking away or detaining
Taking away and detaining are sperate and distinct offences
Case law and application - R v Pryce
Application - Detaining
Detaining is an active concept meaning to keep in confinement or custody, to be contrasted to harbouring or failure to hand over
Case law and application - R v Cox (consent)
Application - Consent
Consent must be full, voluntary, free and informed, given by a person in a position to form a rational judgement
Case law and application - R v Mohi
Application - Intent (abduction and kidnapping)
Offence is complete at the time of taking or detaining as long as intent is established before or during the act
Case law and application - R v Waaka
Application - Intent (abduction and kidnapping)
Intent may be formed at any time during the taking away. Intent may be absent when the taking away commences and be formed during the taking.
Case law and application - R v M
Application - Intent (abduction and kidnapping)
Must prove the accused intended to take away or detain the complainant and that he or she knew the complainant was not consenting
Case law and application - R v Forrest and Forrest
Application - CYP
The best evidence possible in the circumstances should be adduced in proof of the victim’s age
Notes on child’s consent around abduction of CYP
Immaterial whether child consented or not
Define injures
Actual bodily harm
Define unlawfully
without lawful justification or excuse
Case law relating to S208, 209
R v Crossan
R v Wellard OR R v Pryce
R v Mohi
R v Waaka
R v M
R v Cox
Define ransom
A sum of money demanded or paid for the release of a person held captive
Define Confine
Restricting their movements within a geographical area, but also including curtailing their activity and exercising control and influence over them
Define imprison
To put them in prison, or to confine them as if in prison
Case law relating to S188, 189
R v Collister and R v Taisalika OR Cameron v R
R v Waters OR R v Donovan OR DPP v Smith OR R v Rapana and Murray
DPP v Smith
Case law relating to S191
R v Collister and R v Taisalika
R v Wati
R v Tihi
R v Waters OR DPP v Smith OR R v Rapana and Murray OR R v Sturm
Case law relating to S234
R v Collister and R v Taisalika
R v Skivington
R v Lapier
R v Cox
Peneha V Police
R v Maihi
R v Wells
Case law relating to S235
R v Collister and R v Taisalika
R v Skivington
R v Lapier
R v Cox
R v Maihi
DPP v Smith or R v Joyce and R v Galey
R v Wells
Define firearm
Anything from which any shot, bullet, missile or other projectile can be discharged from by explosive force
Define fire
Melting or the blistering of paint or significant smoke damage
