Violence Flashcards
Rendered Incapable of Resistance: R v Crossan
Aggravated Wounding 191 (1) (a)(b)(c)
“Incapable of resistance includes a powerlessness of the will as well as physical incapacity”
A mere threat may not in itself be sufficient to constitute “violent means”. But in combination with action (brandishing a revolver for eg) may render the victim incapable of resistance
Being together with: R v Galey
Aggravated Robbery 235 (b)
'’Being Together’’ in the context of s235(b)Two or more people having the common intention to use combined force as circumstances might require, directly in the perpetration of the crime.
Part of a joint enterprise
An accusation
Blackmail
An accusation is – an allegation that the defendant is guilty of criminal conduct
Two Fold Test: R v Tihi
Ag Wounding and Ag Injuring 191(1) and (2)
Proving Offence - Two fold test for intent:
One of the intents of para (a)(b) or (c) and intended to cause specified harm or was reckless to likelihood of specified harm.
Recklessness: R v Harney
(Recklessness involves) foresight of dangerous circumstances that could well happen, together with an intention to continue the course of conduct regardless of the risk.
Stupefies: R v Sturm
Aggravated Wounding
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 any way which might hinder an intended crime. (Does not only rendered senseless or unconscious but may also include administration of drugs that has led to uncharacteristic behaviour/inhibition).
Doctrine of Transferred Malice
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
Injurious Substance
The term ‘injurious substance or device’ covers a range of things capable of causing harm to a person; for example a letter containing anthrax that is mailed to a political target. (Also boiling water)
R v Fitzgerald
Gang pad electric barbed wire fence (must be on so as likely to cause injury)
Proving intent, Serious assault – Circumstantial Evidence
NOB UP FED/U
N - Number of blows
O – Opportunistic: Whether any weapon used was opportunistic or purposely brought
B - Body parts targeted by offender (eg head)
U - Use of weapon
P - Prior threats
F – Force: Degree of force
E - Evidence of premeditation
D- Degree U - (eg Unconscious) Degree of resistance or helplessness of the victim
What is the Statutory Defence to Blackmail under section 237(2) CA61?
A belief by the person making the threat that they are entitled to the benefit or to cause the loss is not in itself a defence to a charge under section 237(1) unless the threat is, in the circumstances, a reasonable and proper means for effecting his or her purpose.
- Consideration to what is reasonable and proper. Hard bargaining v criminal blackmail
(Canada)
Uses Firearm Against Law Enforcement Officer 198A(1)
Cop is trespassing
Cop is trespassing – not acting in the course of his or her duty – as acting unlawfully – ingredient negated
Demanding with intent to steal
239 (1) – 14 years
Without claim of right,
By force or with any threat,
Compels any person to execute,
Make, endorse, alter, or destroy
Any document capable of conferring a pecuniary advantage
With intent to obtain any benefit.
Blackmail
237 (1) – 14 years (238)
Every one commits blackmail who threatens expressly or by implication, to make any accusation against any person (whether living or dead), to disclose something about any person (whether living or dead), or to cause serious damage to property or endanger the safety of any person with intent –
(a) To cause the person to 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 to cause loss to any person
Question to be asked of a CHIS in relation to a Robbery:
Has CHIS provided reliable information previously
Has CHIS come from two separate sources
Have staff who work on target premises noticed 1C people in vicinity
Does company deal in large amounts of money drugs, valuable goods
Can you verify info as correct
People Trafficking – investigative approaches:
Investigative Approach Action
Reactive Investigation - Victim led and often initiated by an approach to Police by the victim or another person acting on behalf of the victim.
Proactive Investigation Police led. A combination of standard investigation techniques supplemented by
intelligence resources to identify and locate the traffickers, gather evidence and instigate
proceeding against them.
Disruptive Investigation Appropriate in circumstances where the level of risk to the victim demands an immediate response, and pro – active or reactive
approaches are not practicable options
GBH not limited to immediate harm
Wounding with Intent 188
Link between cause and effect must be a physical one, not one of time.
R v Mwai
Expert medical evidence that HIV follows a steady relentless progression leading to AIDS and then
inevitably to death was sufficient to establish that the defendant had caused GBH.
Intoxication in relation to Intent
Wounding 188
Injuring 189
Aggravated 191
R v Taisalika
Court held memory loss of past events (including due to intoxication) not same as lack of intent
Difference between Migrant Smuggling and People Trafficking
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 tracking involves a person who is brought into NZ by means of coercions and /or deception. People are often trafficked in order to exploit them in the destination country eg forced labour, removal or organs, sexual exploitation
Difference are:
Consent Purpose of travel or movement Relationship between ppl moved and ppl moving them Violence, intimidation, coercion Liberty Profit
Difference between 188 (1) and 188 (2)
Wounding with Intent to cause GBH
Wounding with Intent to Injure (Reckless Disregard)
Same outcome – different intent
Difference between 188 and 189:
Wounding with Intent
Injuring with Intent
Victim’s outcomes/injuries
Second intent
A person may also have intended a secondary outcome, albeit a collateral one to their primary aim, if the outcome was foreseen as certain to occur.
Wounds, Maims, Disfigures refer to the type of injury.
Grievous refers to the seriousness of the injury
- a stab with a knife may cause a wound but may or may not be serious
- GBH for more serious wounds (stab 5 times in chest – GBH rather than wound)
- Doesn’t apply to maims or disfigures
Factors in 235 that make robbery aggravated:
a. Robs any person and, at the time of, or immediately before or immediately after, the robbery causes GBH to any person, OR
b. Being together with any other person, robs any person OR
c. Being armed with an offensive weapon, instrument or anything appearing to be such a weapon or instrument, robs any person