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DDP > Violence > Flashcards

Violence Flashcards

1
Q

S.188(1) CA1961

A

Wounding with Intent
- With intent to cause GBH
- To any person
- Wounds OR Maims OR disfigures OR causes GBH
- Any person

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2
Q

S.188(2) CA1961

A

Wounding with intent
-Intent to injure anyone or With reckless disregard for the safety of others
-Wounds OR Maims OR Disfigures OR causes GBH
-Any person.

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3
Q

S.189(1) CA 1961

A

Injuring with intent.
-Intent to cause GBH
-Any person
-Injures
-Any person.

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4
Q

S.189(2) CA 1961

A

Injuring with intent or with reckless disregard for the safety of others.
-injures any other person OR with reckless disregard for the safety of others.
-Injures
- Any person

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5
Q

R v Collister

A

What was said before during and after.
The surrounding circumstances
The nature of the act itself

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6
Q

R v Taisalika

A

The nature of act (gash to the head) points strongly to the necessary intent.

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7
Q

R v Waters

A

The breaking of the skin by the show of blood. Can be external or internal.

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8
Q

DPP v Smith.

A

Bodily harm needs to explanation, grievous is really serious harm.

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9
Q

R v Rapana and Murray

A

Disfigures is not only permanent damage it can be temporary

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10
Q

R v Donavan

A

Must be more than mere transitory or trifling.

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11
Q

Def: Intent

A

A deliberate and conscious act to get a specific result.

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12
Q

Def: Maim

A

Mutilating, crippling or disabling a part of the body depriving the use or one of the senses.

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13
Q

Def: Disfugure

A

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

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14
Q

Cameron v R

A

Defendant recognised there was a possiblity that.
-that his or her actions would bring the proscribed result.
- the proscribed circumstances existed.
And having regard to that risk those actions were unreasonable.

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15
Q

S.234(1) CA1961

A

Robbery
-theft
-Acompanied by violence OR threats of violence.
-to any person
- used to extort the property or prevent or over on the resistance to which it is being stolen.

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16
Q

S.235(a) CA1961

A

Agg Rob
- Robs any person
- at the time of or immediately before or immediately after.
- causes GBH to any person.

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17
Q

S.235(b) CA1961

A

Agg Rob
-Being together with another person
- Robs
- any person.

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18
Q

S.235(c) CA1961

A

Agg Rob
-Being armed with any offensive weapon or instrument or anything appearing to be an offensive weapon.
-robs
-any person.

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19
Q

Def: Robs and theft

A

Theft -
Dishonestly
WCOR
Takes
Any property
To permanently deprive the person of the property.

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20
Q

Peneha v Police

A

The actions of the defendant forceable interfere with the personal freedom or a violent action producing a powerful effect tending to cause bodily injury or discomfort

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21
Q

R v Maihi

A

There must be a nexus between the act of stealing and the threat of violence. Does not require to be contemporaneous

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22
Q

R v Cox - possession

A

Possession is two elements. Physical possession is actual or potential custody or control. The second, the mental element. Is a combination of knowledge and intention.

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23
Q

R v Skivington.

A

An honest belief at that the man has a claim of right is defence to larceny.

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24
Q

R v Lapier

A

Robbery is complete the instant the property is taken. Even if it’s momentarily

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25
Q

R v Broughton.

A

Is the manifestation of an intention to inflict violence unless the money or property is handed over. Can be direct or veiled.

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26
Q

Section 198(1)(a)

A

Discharging firearm or doing a dangerous act with intent.
-With intent to cause GBH
-Discharges
-Any Firearm OR Airgun OR any other similar weapon
-At any person.

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27
Q

S.198(1)(b)

A

Discharging firearm or doing a dangerous act with intent.
-With intent to cause GBH.
- sends OR delivers to any person OR puts in place.
-Any explosive OR injurious substance OR device

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28
Q

S198(1)(c)

A

Discharging firearm or doing a dangerous act with intent.
-With intent to cause GBH
-Sets fire to any property

29
Q

Case law for intent in 198(1)

A

R v Pekepo

Reckless discharge of a firearm in the general direction of a passer by is not sufficient. Must intend to shoot that person.

30
Q

Definition: Discharge

A

To fire or shoot.

31
Q

Definition: Firearm

A

Any weapon that fires any shot, bullet, missile projectile by force of explosive.

32
Q

S198(2)

A

Discharging firearm or doing a dangerous act with intent.
-With intent to injure OR with reckless disregard for the safety of others.

  • Discharges any firearm, Airgun, or other similar weapon.
    -sends or delivers or puts in place and explosive or injurious substance or device.
  • Sets fire to any property.
33
Q

Definition: injurious substance or device.

A

Covers a range of things capable of causing harm - letter with anthrax, boiling water or a barbed wire fence plugged in to an electric fence. (Device)

34
Q

S.198A(1)

A

Using any firearm against law enforcement officer.
-used any firearm in any manner whatever
-against any police officer, Traffic officer or prison officer.
-in the course of his or her duty.
-knowing that or being reckless whether or not that person was a member of police or traffic officer or prison officer so acting.

35
Q

S198A(2)

A

Uses any firearm against law enforcement officer.
-uses any firearm in any manner whatever.
-to resist the lawful arrest or detention of himself or of other persons

36
Q

S198B(1)(a)

A

Commission of crime with firearm.
-while committing any imprisonable offence.
-uses any firearm.

37
Q

S.236(1)(a)

A

Assault with intent to rob
- with intent to rob
- any person
- Causes GBH
- To that person or any other person.

38
Q

236(1)(b)

A

Assault with intent to rob.
-With intent to rob.
-being armed with an offensive weapon or instrument or anything appearing to be such weapon or instrument.
- assaults
- That person or any other person.

39
Q

236(1)(c)

A

Assault with intent to rob.
- with intent to rob.
-being together with any other person or persons.
- assaults
- that person or any other person.

40
Q

236(2)

A

Assault with intent to rob.
-Assaults
-any person
-with intent to rob.
-that person or any other person.

41
Q

Difference between s236(1) and (2) assault with intent to rob.

A

(1) - is for failed attempts at Agg robbery.
(2) is for failed attempts at robbery.

42
Q

S.208(1) plus subsection.

A

Abduction
-unlawfully
-takes OR detains
-Any person
-without there consent or obtained consent by fraud or duress.
-with intent to
(a) to go through a form a marriage or civil union.
(b) to have sexual connection with him or her.
(c) to cause him or her to go through a form of marriage or civil union or cause him or her to have sexual connection with another person.

43
Q

S.209(1) plus subsection.

A

Kidnapping
-unlawfully
-takes OR detains.
-any person.
-without their consent or obtained consent by fraud or duress
-with intent
(a) to hold him or her for ransom or service.
(b) to cause him or her to be held in confinement or imprisonment.
(c) to cause him or her to be sent or taken out of New Zealand.

44
Q

R v Crossan - abduction/kidnapping.

A

Taking and detaining are seperate and distinct offences.

45
Q

R v Wellard

A

The deprivation of liberty coupled by moving the person from where they want to be.

46
Q

R v Pryce

A

Detainment is an active concept of confinement and custody.

47
Q

R v Cox for 208/209

A

Consent is full voluntary free and informed. Given by a person in a position to give a rational judgement.

48
Q

R v mohi.

A

The act is completed at the time of taking as long as at that moment there is the necessary intent.

49
Q

S.210(1)

A

Abuction
-With intent
-To deprive to deprive that parent or guardian or other person having lawful care or charge of a young person of the possession of a young person.
-unlawfully
-takes or entices or detains.
-the young person.

50
Q

R v forest and forest.

A

The best evidence should be abducced by prosecutions is proof of age.

51
Q

S.210(2)

A

Receives a young person under 16
-receives a young person
-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 care or charge of him or her of the possession of him or her.

52
Q

191(1) a, b and c

A

Aggravated wounding
With intent
(a) to commit or facilitate the commission of any imprisonable offence.
(b) to avoid detection of himself or of any other person.
(c) to avoid the arrest or facilitate the escape of himself or of another person upon the commission or the attempted commission of any imprisonable offence
- Wounds, maims, disfigures, causes GBH, stupify, renders unconscious, by violent means renders any person incapable of resistance.

53
Q

191(1) a, b and c

A

Aggravated wounding
With intent
(a) to commit or facilitate the commission of any imprisonable offence.
(b) to avoid detection of himself or of any other person in the commission of any imprisonable offence.
(c) to avoid the arrest or facilitate the escape of himself or of another person upon the commission or the attempted commission of any imprisonable offence
- Wounds, maims, disfigures, causes GBH, stupify, renders unconscious, by violent means renders any person incapable of resistance.

54
Q

191 (2)

A

Aggravated injuring
With intent
- to commit or facilitate the commission of any imprisonable offence.
- to avoid detection of himself or of another person in the commission of any imprisonable offence.
-to avoid the arrest or facilitate the escape of himself or of another person upon the commission or the attempted commission of any imprisonable offence.
-Injures
-Any person.

55
Q

R v Tihi

A

Two fold - the intent to commit any imprisonable offence or avoid detection or himself or of another person

intent to cause the specified harm OR foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it.

56
Q

R v Wati

A

Have to prove the attempted commission or commission of imprissonable offence by the person or the person whose arrest they’re trying to avoid or whose flight trying to facilitate.

57
Q

Reckless - subjective/objective.

A

Subjective - conscious/deliberately took the risk.

Objective - reasonable person would think it was an unjustified risk

58
Q

R v Strum - stupefies

A

Stupefy means to cause an effect on the mind/nervous system which seriously interferes with the mental/physical ability to hinder crime.

59
Q

R v Waaka

A

Intent may be formed at any time during the taking away. If a taking away commence without the intent to have intercourse but that intent is formed during the taking away, then that is sufficient for the purpose of this section.

60
Q

R v M - Kidnapping

A

The crown must prove that the accused intended to take away or detain the complainant and that he or she knew that the complainant was not consenting.

61
Q

Def: a person

A

Generally accepted by judicial notice or proved by circumstantial evidence.

62
Q

Def: assault

A

Intention or attempt to apply force

Application or attempt application. Direct or indirectly.

Threat to apply force. Victim believes threat will be carried out.

63
Q

R v Swain S.198A(1) and (2)

A

To deliberately or purposefully remove a sawn off shotgun from a bag after being confronted by or called upon a police officer amounts to a use.

64
Q

Fisher v R S.198A(2)

A

It is necessary for the crown to prove that accused knew someone was attempting to arrest or detain him. Otherwise men’s rea cannot be established.

65
Q

R v Crosson s191

A

Incapable of resistance includes the powerlessness of the Will as well as physical incapacity.

May be physical violence or threats of violence depending on the circumstances.

66
Q

Robbery - Def: Dishonestly

A

Without belief that there was expressed or implied consent or authority.

67
Q

Difference between migrant smuggling and people trafficking.

A

Migrant smuggling - freely consented to be brought in NZ as a migrant under no coercion or deception.

People trafficking - involved coercion of deception.

68
Q

Investigation approach for people trafficking.

A

Reactive - victim led.

Pro-Active - police led. Gathering evidence normal investigations.

Disruptive - when reactive and Pro-Active are viable. Level of risk demands for immediate response.

DDP (2 decks)

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