Violence

Question 1

What constitutes recklessness?

Answer 1

R v HARNEY
Recklessness involves foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk

Question 2

What was held in R v TIHI?

Answer 2

Relates to aggravated assaults: As well as the specified intents
“it must be shown that the offender either meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to risk of suffering it”

Question 3

Explain “takes away and detains”

Answer 3

Taking away and detaining are two separate and distinct offences.

Question 4

What was held in R v JOYCE?

Answer 4

“‘Being together’ require two or more people acting (physically present together) in the commission of the offence.”

There must be proof that in committing the robbery the defendant was part of a joint enterprise by two or more persons who were physically present at the robbery.

Question 5

In relation to Blackmail - What does the term ‘accusation’ mean?

Answer 5

This will generally refer to an allegation that a person is guilty of criminal conduct.

Question 6

What is the difference between sections 188 and 189 of the Crimes Act 1961?

Answer 6

The principal difference between the two relates to the victims injuries:
Section 188 = GBH etc
Section 189 = Injury

Question 7

Explain the doctrine of transferred malice.

Answer 7

It is not necessary that the person suffering the harm was the intended victim.

R v HUNT
Malice against the person cut is not essential; general malice is sufficient.

Question 8

What is the definition of injurious substance or device?

Answer 8

Covers a range of things capable of causing harm to a person such as anthrax powder mailed to a political target.

Question 9

R v SKIVINGTON

Answer 9

Theft is an ingredient of robbery, and if the honest belief that a man has a claim of right is a defence to theft, then it negatives one of the ingredients of the offence of robbery, without proof of which the full offence is not made out.

Question 10

Ingredients of Kidnapping Section 209 CA ‘61

Answer 10

Unlawfully Takes Away OR Detains A Person Without Consent OR With Consent Obtained by Fraud or Duress

With Intent to:

(a) Hold Him/Her for Ransom or to service
(b) Cause Him/Her to be Imprisoned or Confined
(c) Cause Him/Her to be Sent or Taken out of NZ

Question 11

What questions should you ask yourself when you receive information from a CHIS about a planned robbery?

Answer 11

• Has the CHIS supplied reliable information previously?
• Has the CHIS information come from two separate sources?
• Have the staff at the intended robbery premises noticed any suspicious activity?
• Does the company deal with large amounts of cash, drugs or valuable goods?
• Can you verify the information received is correct?

Question 12

What circumstantial evidence can you use to prove intent in serious assault cases?

Answer 12

Circumstantial evidence that may assist in proving intent:

• The offender’s actions and words before, during and after the event.
• The surrounding circumstances
• The nature of the act itself

Additional circumstantial evidence that may assist:

• Prior threats
• Evidence of premeditation
• The use of a weapon
• Whether the weapon was purposefully brought or opportunistic
• The number of blows
• The degree of force used
• Body parts targeted (eg head)
• Helplessness of victim (eg unconscious)

Question 13

R v WATERS

Answer 13

A breaking of the continuity of the skin evidenced by a flow of blood more often than not external but may be internal.

Question 14

R v KELT relates to 198B CA ‘61

Answer 14

Having a firearm ‘with him’ requires a very close physical link and a degree of immediate control over the weapon by the man alleged to have the firearm with him.

Question 15

Explain the statutory defence for blackmail?

Answer 15

If the person making the threat believes they are entitled to the benefit or entitled to cause the loss to the victim, and the threat made by them is reasonable in the circumstances and a proper means for effecting his purpose then they have a defence.

Question 16

Would a charge of using a firearm against law enforcement officer fail if that officer was trespassing at the time?

Answer 16

Yes the charge would fail because the officer has to be acting in the lawful execution of their duty. If the officer were trespassing, they would not be acting lawfully.

Question 17

Definition of ‘GBH’

Answer 17

GBH can be defined as harm that is really serious

DPP v SMITH
Bodily harm needs no explanation and grievous means no more or no less than really serious.

Question 18

Definition of ‘Wounds’

Answer 18

R v WATERS

A breaking in the continuity of the skin evidenced by the flow of blood either internal or external.

Question 19

Definition of ‘Maims’

Answer 19

Will involve mutilating, crippling or disabling part of the body so the victim is deprived the use of a limb or one of the senses. Needs to be some degree of permanence.

Question 20

Definition of ‘Disfigures’

Answer 20

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

R v RAPANA and MURRAY
The word disfigures covers not only permanent damage but also temporary damage

Question 21

Definition of ‘Injures’

Answer 21

Section 2 Crimes Act 1961

Injures means to cause actual bodily harm.

Question 22

Ingredients of ‘Demands with Intent to Steal’

Answer 22

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 pecuniary advantage
with intent to obtain any benefit.

Question 23

R v LAPIER

Answer 23

Robbery is complete the moment the property is taken, even if possession by the thief is only momentary.

Question 24

What are the 3 intents of Abduction?

Answer 24

(a) Marry Him/Her
(b) Have Sexual Connection with Him/Her
(c) Cause Him/Her to be Married or to Have Sexual Connection with Some Other Person

Question 25

Ingredients of ‘Using a Firearm Against Law Enforcement Officer’

Answer 25

Uses any firearm in any manner whatever, 
against any constable OR 
traffic officer OR 
prison officer 
acting in the course of his/her duty. 
Knowing that, OR 
being reckless whether or not 
that the person is a member of police, traffic officer or prison officer so acting.

Question 26

Give an example of ‘non immediate harm’.

Answer 26

An example of ‘non immediate harm’ would be the infection of HIV as in R v MWAI:
HIV follows a steady relentless progression leading to AIDS and inevitably to death is sufficient to show the defendant caused GBH.

Question 27

What are the factors that raise a charge or robbery to one of aggravated robbery?

Answer 27

1. Robs any person and at the time of or immediately before or immediately after, causes GBH
2. Being together with any other person, robs any person
3. Being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument robs any person

Question 28

What must the prosecution prove when someone abducts a young person under section 210(2) CA ‘61

Answer 28

1. The accused received the person under 16yrs AND
2. The receiving was deliberate and intentional AND
3. The accused knew that the young person had been unlawfully taken, enticed away or detained by another from a person who had lawful possession of the young person AND
4. The accused intended by reason of the receiving to deprive the person with lawful possession of that child.

Question 29

R v TAISALIKA

Answer 29

The nature of the blow and the gash which it produced on the complainants head would point strongly to the presence of the necessary intent

Question 30

What is the difference between migrant smuggling and people trafficking?

Answer 30

Migrant smuggling involves a person who has freely consented to be brought into NZ as an illegal immigrant and is not subject to coercion or deception

People trafficking involves a person who is brought into NZ by means of coercion and/or deception. People are often trafficked in order to exploit them.

Question 31

What is the difference between section 188(1) and 188(2) of the Crimes Act 1961?

Answer 31

188(1) - Intended to cause GBH and did
188(2) - Intended to injure but caused GBH

Same outcome for the victim but different intent on behalf of the offender.

Question 32

R v CROSSAN taking away

Answer 32

Taking away and detaining are two separate and distinct offences. The first consists of taking the victim away, the second of detaining them.

Question 33

Explain secondary intent

Answer 33

Intention can bring about secondary consequences if the offender believed those consequences will happen.

Question 34

Wounding, Maiming and Disfiguring vs GBH. Explain the difference.

Answer 34

Wounding, maiming and disfiguring relates to the type of injury caused whereas the term ‘grievous’ refers to the degree of the injury.

Question 35

Stupefies

Answer 35

R v STURM
To stupefy means 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 act in a way which might hinder an intended crime.

Question 36

3 categories relating to the investigation of people trafficking.

Answer 36

Reactive investigation - Victim led an initiated by an approach to Police.

Proactive investigation - Police led. Standard investigation supplemented by intelligence resources.

Disruptive investigation - Appropriate where level of risk to victim requires an immediate response and proactive or reactive approaches are not an option.

Question 37

Claim of right

Answer 37

Means a belief in a proprietary or possessory right in property in relation to the alleged offence.