Violence Flashcards
1
Q
Wounding with Intent (GBH). Act and section
A
Crimes act 1961 section 188(1)
2
Q
Wounding with intent (injure) act and section
A
Crimes act 1961 section 188(2)
3
Q
Elements of: Crimes act 1961 section 188(1)
A
Wounding with intent (GBH)
- With intent to cause GBH
- to any one
- wounds, maims, disfigures, causes GBH
- to any person
4
Q
Elements of: Crimes Act 1961 Section 188(2)
A
Wounding with Intent (injures)
- with intent to injure anyone OR with reckless disregard to for the safety of others
- wounds, maims, disfigures, causes GBH
- to any person
5
Q
Intent - 2 specific types of intent
Related case law
A
- intent to commit the act
- intention to get a specific result
R v collister
6
Q
Circumstantial evidence from which an offenders intent may be inferred
A
- Prior threats
- Premeditation
- The use of a weapon
- If any weapon was used, was
opportunistic or purposely brought - The number of blows
- The degree of force used
- Body parts targeted
- Degree of resistance or helplessness from the victim
7
Q
R v Taisalika
A
Re: intent
The nature of the blow, and the gash which it produced would point strongly to the presence of necessary intent
(Polynesian guy hitting someone with a machete)
8
Q
GBH definition
Related case law
A
Harm that is really serious
DPP v Smith
9
Q
DPP v SMITH
A
Re; GBH
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”
10
Q
Bodily harm includes psychiatric injury, but does not include…
A
Mere emotions such as fear, distress, panic or a hysterical or nervous condition
R v chan fook
11
Q
R v Waters
A
Re; wounds
(“Wounding waters”, water - flowing - blood flowing)
Wounding involves the parting or breaking of the skin causing blood to flow
Internal or external
12
Q
Wound - definition
Related case law
A
Wound is the parting or breaking of skin, causing the blood to flow
R v Waters
13
Q
Difference between wounding and GBH
A
Wound/maims/disfigures referred to the type of injury caused
Grievous refers to the degree or seriousness of the injury
(Page 11)
14
Q
Maims definition
A
Depriving another of the use of their members/limbs (mutilating, crippling, or disabling)
Rendering them less able to fight or defend them self
15
Q
Disfigure definition
Related case law
A
Deform, deface or alter appearance
Does not need to be permanent
R v Rapana and Murray
16
Q
R v Rapana and Murray
A
Re; disfigures
Disfigure covers not only permanent damage but also temporary damage
(2 guys (R&M) dipping someone’s hand into hot oil - temporarily disfigured but able to be fixed with skin grafts)
17
Q
Doctrine of transferred malice
A
The person suffering the harm does not need to be the person the defendant intended to harm
Still criminally responsible
R v hunt
18
Q
Injure definition
Related case law
A
To cause actual bodily harm
Internal or external and doesn’t need to be permanent or dangerous
R v Donovan
19
Q
R v Donovan
A
Any hurt or injury that interferes with the health or comfort of the victim.
More than trifling or transitory
20
Q
Reckless definition
Related caselaw
A
Conscious and deliberate undertaking of unjustified risk
Cameron v R
21
Q
Cameron v R
A
Re; reckless
The defendant recognize real possibility that the actions would bring about prescribed result, and the prescribed circumstances existed. And, having regard to that risk, those actions were unreasonable.
22
Q
Injuring with intent (GBH) act and section
A
Crimes act, section 189 (1)
23
Q
Crimes act section 189(1) elements
A
Injuring with intent (GBH
-With intent to cause grievous bodily harm
-To any person
-injures
-Any person
24
Q
Injuring with intent (reckless) act and section
A
Crime act, section 189(2)
25
Crimes act section 189(2) elements
Injuring with intent (reckless)
-with intent to injure any person OR with reckless disregard for the safety of others
-injures
-Any person
26
Aggravated wounding - act and section
Crimes act 1961 section 191(1)
27
Crimes act 1961 section 191(1) elements
Aggravated wounding
-with intent
- (a) to commit facilitate the commission of any imprisonable offense OR
- (b) to avoid the detection of himself, or of any other person in the commission of any imprisonable offense OR
- (c) to avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
-Wounds or maims or disfigures or causes grievous bodily harm to any person or stupefy or renders unconscious any person, or by any violent means renders any person incapable of resistance
28
Aggravate definition
To make worse or more serious
The offending is aggravated by the fact that the offender caused harm to the victim, and the process of committing some other offense
29
R v Tihi
(Twofold test for intent )
Re; aggravated
Intention to commit an imprisonable offense
Intention to cause specified harm or foresaw their actions were likely to cause harm
(Teehee laughing - tent skit in Austin powers, 2 x in”tents”)
30
Facilitate definition
To make possible or to make easy or easier
31
R v Wati
Re; aggravated wounding
They must be proof of the attempt or commission of the crime by the person committing the assault
(Wati = what is the offence?)
32
Stupefies definition
Related case law
To cause an effect on the mind, or nervous system of a person which really seriously interferes with that person‘s mental or physical ability
To make stupid
Dull the senses
Make groggy
R v Sturm
33
R v Sturm
Re; facilitate
- must prove that an imprisonable offense was committed
Re; stupefies
Cause an effect on mind and nervous system, which seriously interferes with the mental/physical ability
34
“Violent means” definition
Related case law
Physical application of force, may include threat of violence
R v Crossan
35
R v Crossan
(Robbery)
Re; violent means
Incapable of resistance includes powerlessness of the will as well as physical incapacity
Eg - holding a gun to head and threats to shoot if you don’t comply
(Crossan - don’t cross me = scared - powerlessness)
36
Aggravated assault act and section (person)
Crimes act section 192(1)
37
Crimes act section 192(1) elements
Aggravated assault
- with intent
- (a) to commit or facilitate the commission of any imprisonable offense OR
-(b) to avoid the detection of himself or of any other person in the commission of any imprisonable offense
- (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
- assaults any person
38
Aggravated assault act and section (constable)
Crimes act section 192(2)
39
Crimes act section 192(2) elements
Aggravated assault (constable)
- Assaults
- any constable or any person a ting in aid of any constable or any person in the lawful execution or any process
- with intent to obstruct the person
40
Discharging a firearm, or doing dangerous act with intent - act and section
Crimes act 1961 section 198(1) a b or c
41
Crimes act section 198(1) elements
Discharging firearm, or doing dangerous act with intent
- With intent to do GBH
- (a) discharges, any firearm, airgun, or other similar weapon at any person OR
- (b) sends, or delivers to any person, or put in any place, any explosive or injurious substance or device OR
- (c) set fire to any property
42
R v Pekepo
Re; firearms intent
Must establish an intention to shoot a person
A reckless discharge of a firearm in the general direction of a passerby who happens to be hit, is not sufficient proof
43
Discharge definition
To fire or to shoot
44
Firearm definition
Anything from which any shot bullet missile or other projectile can be discharged by force of explosive
Includes anything adapted repaired dismantled, and dangerous airgun
45
Airgun definition
Anything from which compressed air or gas is used to discharge any shot bullet missile or other projectile
46
Explosive definition
Substance or mixture or combination, which, in its normal State is capable of decomposition at such rapid rates, as to result in an explosion or pyrotechnic effect
47
Injurious substance definition
Something capable of causing injury, or harm to a person
Eg - anthrax powder
Offense complete when an explosive or injurious substance is sent/delivered etc
48
R v collister
Surrounding circumstances, actions, words, and nature of the act can point towards intent
49
Using any firearm against law, enforcement officer, etc. Act and section
(Constable etc)
Crimes act section 198A (1)
50
Crimes act section 198A(1) elements
Using any firearm against enforcement officer, etc.
- 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, being reckless whether or not that the person is a constable traffic officer, prison officer, so acting
51
Using any firearm against law enforcement officer etc act and section
Avoid..
Crimes act 1961 section 198A(2)
52
Crimes act 1961 section 198A(2) elements
Using any firearm against law enforcement etc
- uses any firearm in any manner whatever
- with intent to resist the lawful arrest or detention of himself/herself/any other person
Fisher v r
53
Police v Parker
Re; firearms, whatever manner
Short of actually firing the weapon .
To use the firearm in a manner that it’s not normally used. (Eg using it to hit someone over the head)
(Parker - parking manner - manner used)
54
R v swain
Re; firearm; uses in 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
(Swain don’t be a pain)
55
Fisher v R
Re; intent to resist arrest
It must be proved that they knew an attempt was being made to arrest/detain him/her
(Men’s rea)
(Fish - catch a fish)
56
Commission of an imprisonable offense with a firearm - act and section
(Uses)
Crimes act 1961 section 198B(1)(a)
57
Crimes act section 198B(1)(a) elements
Commission of an impris offense with a firearm
- in committing any imprisonable offense
- uses any firearm
58
Commission of a imprisonable offense with a firearm act and section
(Has with)
Crimes act 1961 section 198B(1)(b)
59
Crimes act 1961 section 198B(1)(b) elements
Commission of inpris offense with a firearm
- while committing any imprisonable offense
- has any firearm with him or her
- in circumstances that prima facie shows an intention to use it in connection with that imprisonable offense
60
“Uses any firearm” includes..
Firing or presenting a firearm, or displaying it in a menacing manner
(does not extent to the use of a firearm as a club, like when accompanied by “any manner whatever”)
61
Explain “Has with him” in regards to firearms
Related case law
Offender must knowingly have the firearm with them, mere possession is not enough
Knowingly had custody or control of it, available and at hand to use while committing offense
R v cox
R v kelt - must knowingly have firearm with them. Very close physical link and control
62
R v Cox
Re; possession
Physical element: custody or control over item
Mental element: knowledge and intention to use
Re; consent
Consent must be full, voluntary, free and informed
63
“Prima facie” definition
Related case law
Means at first appearance
Tuli v Police
64
Tuli v Police
Re; firearms, prima facie
Prima facie circumstances are those which are sufficient to show or establish an intent
(Tuli - facie)
65
Pistol
Any firearm that is designed or adapted to be held and fired with one hand
Includes firearms less that 762mm in length
66
Restricted weapon
Any weapon (firearm or not) declared by the governor general to be a restricted weapon
67
Robbery act and section
Crimes act section 234(1)
68
Crimes act section 234(1) elements
Robbery
- theft
- accompanied by violence OR accompanied by threats of violence (r v maihi)
- to any person or property
- used to extort the property stolen OR to prevent or overcome resistance to it being stolen
69
“Theft” elements
- dishonestly
- without claim of right (r v skivington)
- takes (r v lapier)
- any property
- with intent to permanently deprive
70
“Dishonestly” definition
Re: theft
Without implied consent or authority
An act or omission done without a belief that there was implied consent to or authority for the act, from a person entitled to give consent or authority
71
“Without claim of right” definition
Related case law
Re theft
No propriety or possessory right to the property
R v skivington
72
R v skivington
Re; claim of right
Need to prove that the defendant had no claim of right over the property
73
“Takes” definition
Related case law
Taking is complete when property is moved. When property is “taken” you don’t obtain ownership.
R v lapier
74
R v lapier
Re; takes (theft)
Robbery is complete when the property is taken, even if only held momentarily
(Lapier = robber takes phone and puts it on his lap, when he rides his bike away, it falls off his lap. Still robbery as he’s taken it but lost it when it fell of his lap)
75
“Property” definition
Real and personal property. And any estate or interest in any real or personal property. (Money, electricity)
76
R v Maihi
Re; accompanied by violence (robbery)
There must be a connection and link between the violence/threats AND the stealing of the property
Does not require that the act of stealing and threat of violence be contemporaneous
(Maihi = MAY I HIt you - connect and link)
77
“Violence” must involve..
Related case law
More than a minimal degree of force and more than a technical assault, but doesn’t have to involve the infliction of bodily injury
Peneha v police
78
Peneha v Police
Re; violence - robbery
The defendants actions must forcibly interfere with the victims personal freedom
Violent or threats must be more than minimal
(PeneHAHA got you, you’re not free)
79
“Extort” definition
Re; robbery
Obtain by coercion or intimidation
Or to extract forcibly
80
“Prevent” definition
“Overcome” definition
Re robbery
Prevent - To keep from happening
Overcome - to defeat or prevail over
81
Aggravated robbery (GBH) act and section
Crimes act section 235(a)
82
Crimes act section 235(a) elements
Aggravated robbery (GBH)
- Robs any person
- at the time of OR immediately before OR immediately after the robbery
- causes GBH
- to any person
83
Aggravated robbery (together with) act and section
Crimes act section 235(b)
(B - bros)
84
Crimes act section 235(b) elements
Related case law
Aggravated robbery (together with)
- being together with any other person
- robs
- any person.
R v Joyce
R v galey
85
Aggravated robbery (weapon) act and section
Crimes act section 235(c)
86
Crimes act section 235(c) elements
Related case law
Aggravated robbery (weapon)
- being armed with an offence weapon OR instrument OR anything to appears to be such a weapon or instrument
- robs
- any person
R v Bentham - must actually have a weapon, hands/fingers not sufficient
87
R v Joyce
Re; being together with - robbery
The crown must establish that at least 2 persons were physically present at the time of the robbery
(Joyce - choice we robbed her - 2 people hi five)
88
Joint enterprise (together with) during robbery must include:
2 people are present and acting together to do the crime
Mere presence is not sufficient. Must actively participate
89
R v Galey
Re; together with - robbery
Both people committing the offence must have the same intention
(Galey = GAYly = 2 guys are gay having same intent)
90
Assault with intent to rob (GBH) act and section
Crimes act section 236(1)(a)
(Failed robberies)
91
Crimes act section 236(1)(a) elements
Assault with intent to rob (GBH)
- with intent to rob any person
- causes GBH to that person or any other person
92
Assault with intent to rob (weapon) act and section
Crimes act section 236(1)(b)
93
Crimes act section 236(1)(b) elements
Assault with intent to Rob (weapon)
- With intent to rob any person
- Being armed with an offensive weapon OR Instrument OR anything appearing to be such a weapon or instrument
- assaults that person or any other person 
94
Assault with intent to rob (together with) act and section
Crimes act section 236(1)(c)
95
Crimes act section 236(1)(c) elements
Assault with intent to rob (together with)
- with intent to rob any person
- Being together with any other person or person
- assaults, that person or any other person
96
Assault with intent to rob act and section
Crimes act section 236(2)
97
Crimes act section 236(2) elements
Assault with intent to rob
- assaults any person
- With intent to rob that person or any other person
98
“Assault” definition
- Intentionally applying or attempting to apply force to another person
- Directly or indirectly
- threatening to apply force to another person
INTENTIONALLY APPLYING OR ATTEMPTING TO APPLY FORCE
99
Abduction act and section
Crimes act section 208
100
Crimes act section 208 elements
Abduction
- unlawfully
- takes away OR detains (r v wellard, r v pryce, r v Crossan)
- a person
- without their consent OR with consent obtained by fraud or duress
- with intent to (r v Mohi)
(A) go through a form or marriage or civil union OR
(B) have sexual connection with the personOR
(C) cause the person to go through a form of marriage OR civil union, OR to cause the person to have sexual connection with some other person 
101
Kidnapping act and section
Crimes act section 209
102
Crimes act section 209 elements
Kidnapping
- unlawfully
- takes away OR detains
- A person
- Without their consent OR with consent obtained by fraud or duress
- With intent to
- (a) Hold the person for ransom OR to service
- (b) cause him or her to be confined or imprisoned
- (c) cause him or her to be sent or taken out of NZ
103
“Unlawfully” definition
Re; kidnapping and abduction
Without lawful justification, authority or excuse
104
“Takes away” definition
Related case law
Re: kidnapping and abduction
Victim is physically removed from one place to another
R v wellard
105
R v wellard
Re; takes away - kidnap/abduction
Kidnapping is depriving the victim of their liberty, coupled with carrying away from the place The victim wants to be.
(Wellard, well it’s hard carrying this body)
106
R v Crossan
(Kidnap/abduction)
Taking away and detaining are 2 separate distinct offences, where is evidence of both, 2 charges should be filed
(Crossan - offences of takes away/detains CROSS over)
107
“Detains” definition
Related case law
Re; kidnap/abduction
Active concept. Imposing a constraint or restraint on the person
R v pryce
108
R v pryce
Re; detains
- Detaining is an active concept. To keep in confinement or custody
- harbouring the person
(Pryce = price, usually pay a price for someone detained. Paying someone is active)
109
“Consent” definition
Related case law
Consent is a conscious and voluntary agreement to something desired or proposed
R v cox
110
Consent obtained by “fraud” definition
Re kidnap/abduction
Deceive the victim.
Misrepresenting the facts
111
Consent obtained by duress.. duress definition
Giving in to the request based on fear of the consequences if they refuse
112
R v Mohi
Re; intent, abduction and kidnapping
Offence is committed at the time of taking away or detaining. Intent to be established before or during
113
R v waaka
Re: intent, kidnap/abduction
Intent may be formed at any time during the taking away. If a taking away commences without the intent to have intercourse, but that intent is formed during the taking away, it is sufficient
Waaka = boat to take away
114
Sexual connection definition
- Introduction to the genitals or anus by another’s body part or object
- connection of the mouth: tongue to another’s genitals or anus
- continuation of connection
115
R v M
Re; kidnapping
Crown must prove that defendant intended to take away or detain the victim and they knew the victim was not consenting
116
Definitions;
Ransom
Service
Confined
Imprisoned
Sent or taken out of NZ
- extort money from victims family
, sum of money demanded
- servant or slave
- restricting their movements to a geographical area
- put in prison or confine as if in prison (eg locked in a room)
- sent: victim leaves country on their own
- taken out of: accompanied out of NZ
117
Abduction of a young person under 16 act and section
Crimes act section 210(1)
118
Crimes act section 210(1) elements
Abduction of a young person under 16
- with intent to deprive
.. a parent OR
.. a guardian OR
.. other person having the lawful care or charge of a young person
- of the possession of the young person
- unlawfully
… takes away
… entices away
… detains
- the young person
R v Forrest and Forrest
R v cox (possession)
119
Abduction of a young person under 16 act and section
(Receives)
Crimes act section 210(2)
120
Crimes act section 210(2) elements
Abduction of a young person under 16 (receives)
- 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/guardian/other person having the lawful care or charge of him/her, of the possession of him/her
121
Young person - age
Under the age of 16
122
R v Forrest and Forrest
Re; proof of age
Prosecution must prove the victims age at the time of the offence. Using the best evidence available to do so
123
“Entice” definition
Re; abduction of a young person
To tempt, pursuance or attract by arousing hope or desire
124
What is section 210(3) regarding the young persons age and consent
It is irrelevant whether the young person consents
Or is irrelevant whether the offender believes the young person to be of the age of 16 or over
Consent is not a defence. A person under the age of 16 cannot consent to be taken away/detained
125
No presumption of law because of age:
Re abduction
There is no presumption of law that a person in incapable of sexual connection because of their age
126
What is the statutory defence to crimes act section 210
Good faith
- person who claims good faith in relation to the possession of a young person. (Being entitled to the possession of the young person)
127
Smuggling migrant act and section
(Enter NZ)
Crimes act section 98C(1)
128
Crimes act section 98C(1) elements
Smuggling migrants
- arranges for an unauthorised migrant to enter NZ/any other state, if he or she
(A) does so for a material benefit and
(B) either knows that the person is, or is reckless as to whether the person is, an unauthorised migrant
129
Smuggling migrants act and section
(Brought into NZ)
Crimes act section 98C(2)
130
Crimes act section 98C(2) elements
Smuggling migrants (brought into NZ)
- arranges for an unauthorised migrant to be brought to NZ/any other state, if he or she
(A) does so for a material benefit and
(B) either knows that the person is, or is reckless as to whether the person is an unauthorised migrant and
(C) either..
… (i)knows the person intends to try and enter the state OR
… (ii) is reckless as to whether the person intends to try and enter the state
131
People trafficking act and section
Crimes act section 98D
Refer to book for further info
132
What are the key differences between people trafficking and migrant smuggling
Migrant smuggling: involves a person who has freely consented
People trafficking: involves a person who is brought into NZ by coercion or deception
- consent
- the purpose of the travel/movement
- the relationship between the person moved and the people enabling the movement
- violence, intimidation and coercion
- liberty
- profit
133
“Person” definition
General neutral
Accepted by physical notice or circumstantial evidence
134
R v kelt
Re firearms - has with him
Must knowingly have the firearm with them. A close physical link and degree of immediate control over the weapon
135
“Renders unconscious” meaning
Cause the victim to loose consciousness
136
“Accusation” refers to:
Re; blackmail
An allegation that the person is guilty of criminal offending
Doesn’t matter if the accusation is true or false
137
“Obtain” definition
Re; blackmail
To obtain or retain for himself/herself/any other person
138
Definitions:
Property
Pecuniary advantage
Privilege
Valuable consideration
Property: real and personal property, any interest or estate in any real or personal property
Pecuniary advantage: financial benefit
Privilege: special right or advantage
Valuable consideration: something on going. Money or moneys worth
139
What is the statutory defence to section 237
Blackmail
If the defendant believes they were entitled to obtain the benefit or to cause the loss and objectively viewed that the threat was reasonable
(Possible exam question, refer to book for exact wording)
140
Demanding with intent to steal act and section
Crimes act 1961 section 239
141
Crimes act section 239(1) elements
Demanding with intent to steal
- with intent to obtain any benefit
- without claim of right
- by force or with any threat
- compels any person to execute, make, accept, endorse, alter or destroy any document capable of conferring a pecuniary advantage
142
Demanding with intent (2) act and section
Crimes act section 239(2)
143
Crimes act section 239(2) elements
Demanding with intent to steal
- With intent to steal any property
- from any person
- demands any property with menaces or by any threat
144
“Document” definition
Anything which provides evidence or information and serves as a record
145
“Demand” definition
A clear request made firmly
146
R v peat
Re robbery:
The immediate return of the property doesn’t purge the offence
Peat=purge
147
What is the difference between section. 188(1) and 188(2)
The offenders intent is the difference
Both result in the same outcome of wounding maiming etc
148
Blackmail section and elements
Section 237
Essentially:
- Threatens to make any accusation against any person
- to disclose something about any person
- to cause damage to property or endanger the person safety
With intent to:
- cause the person to act in accordance with the will of the person making the threat AND
obtain benefit or cause loss
149
“Disclose something” re blackmail
Doesn’t need to relate to criminal offending
A fact or information which would cause embarrassment or emotional distress
150
What is a defence to robbery
Claim of right
151
“To execute a document” in regards to demanding with intent
Do what the law requires to give validity to the document
152
Priority should be given to the following areas in the order of:
- Secure the safety of all members of the Police and public
- Prevent the crime
- Contain the area of the offence
- Get the evidence from the crime scene and preserve it
- Establish eliminate suspects
- Identify the offender
- Locate the offender
- The offender and their premises confiscating and preserving any evidence
- Establish if any case exist for prosecution
- Prepare the file for prosecution
153
What are the 3 investigative approaches for people trafficking
- reactive investigation (victim led)
- proactive investigation (police led)
- disruptive investigation (level of risk to victim demands an immediate response)
