Violence Flashcards
What constitutes recklessness
Acting recklessly involves a conscious and deliberate taking of an unjustifiable risk
What was held in r v tihi
In addition to one of the specific 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 the risk of suffering it
What is the age for a charge of people smugglinge
Under 18 years of age
What was held in r v crossnan
A mere threat does not constitute violent means. A combination of threats and violence does
In relation to takes away and detains which is correct
Detains and takes away are two separate and distinct offences
What was held in r v Joyce
The crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.
In relation to blackmail what is an accusation.
Accusation will normally refer to an allegation that the defendant person is guilty of criminal conduct, it is immaterial whether the substance of the accusation is true or false.
What is the difference between section 188 and 189
The victims outcome and injuries
SHORT ANSWER
Doctoring of transferred malice 1st sentence only and r v hunt
It is not necessary that the person suffering the harm was the intended victim - r v hunt - offender intended to stab property owner but accidentally stabbed his servant.
SHORT ANSWER
Definition of injurious substance and device
The definition of injurious substance or device covers a range of things capable of causing harm to a person for example, a letter containing anthrax, boiling water,
SHORT ANSWER
What was held in r v skivington
Theft is an ingredient of robbery, if an honest belief that a man has a claim or right is a defence to theft, then it negatives an element of robbery, without proof of which the full offence is not made out
Three intents for kidnapping
- defendant intended to marry the person
- have sexual connection with the person
- cause them to be detained to marry another person or to have sexual connection with another person
What questions must you ask when u receive information from a CHIS in relation to a robbery
A
What circumstantial evidence can u use to prove intent
- prior threats
- evidence of premeditation
- the use of a weapon
- the number of blows
- the degree of force used
- the body parts targeted
- the degree of resistance by victim
Definition of r v waters
A wound involves the breaking of the skin followed by the flow of blood either externally or internally
Define r v kelt in relation to 198B
Both the physical and mental component must be proved to satisfy this element.
What is the statutory defence for blackmail
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 unless the threat is in the circumstances, a reasonable and proper means for effecting his or her purpose
Would a charge under 198A fail if the police officer was trespassing?
If the officer was trespassing on private property without authority then they cannot be said to be acting in the lawful execution of their duty, so yes it will fail
LIABILITY FOR
234(1) violence and extorts
209(a) taking and holding (kidnapping/abduction)
A
LIABILITY
Aggravated Robbery (GBH)
235(a), (b) or (c)
14years
(a) robs any person and at the time of or immediately before or immediately after, the robbery causes GBH to any person.
(b) being together with any other person, robs any person
(c) being armed with any offensive weapon or instrument, or anything appearing to be such a weapon or instrument, robs any other person
LIABILITY
Abduction for sexual connection
208(a), (b) or (c)
14 years
Everyone is liable to imprisonment for 14 years who unlawfully takes away or detains a person without his or her consent or with his or her consent obtained by fraud or duress with intent to,
(a) marry him or her
(b) have sexual connection with him or her
(c) cause him or her to be married or to have sexual connection with some other person
Ingredients for demands with intent to steal Section 239(1) 14 years
(1) Without claim of right, by force or with any treat, 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
(2) everyone is liable to 7years who, with menaces or by any threat, demands any property from any person with intent to steal it.
Assault with intent to rob Sec 236(1)(a), (b) or (c) 14 years
Everyone is liable to 14 years who, with intent to rob any person,
(a) causes GBH to that person or any other person
(b) 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
(c) being together with any other person or persons, assaults that person or any other person
What are the intents of blackmail
Sec 237
(a) with intent 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 other person
State and explain the three main investigative approach options for people trafficking and migrant smuggling
1 - reactive investigation - victim led and often initiated by an approach to police by the victim or another person acting on behalf of the victim
2 - proactive investigation - police led, standard investigation techniques to identify and locate the traffickers, gather evidence and instigate proceedings against them
3 - disruptive investigation - where the level of risk to the victim demands an immediate response and pro active or reactive approaches are not practical
Define stupefying
To stupefy means to cause an effect on the mind or nervous system of a person, which seriously interferes with that persons mental or physical ability to act in any way which might hinder an intended crime
R v sturm
The defendant administered alcohol and drugs to a number of male victims in order to dull their senses to sexually violate them
Define Grevious Bodily Harm
Defined simply as Harm that is really serious
Explain GBH not limited to immediate harm using r v mwai
The court of appeal held that section GBH is not limited to immediate bodily harm. In r v mwai the defendant infected his victims with HIV which follows a steady relentless progression leading to possible death which was sufficient to establish the defendant had caused GBH
Explain r v taisalika
The nature of the blow and the gash which it produced on the victims head would point strongly to the prescience of the necessary intent
LIABILITY
Kidnapping
209(b) CA61
14 years
Everyone is liable for 14 years who, unlawfully takes away or detains a person without his or her consent or with his or her consent obtained by fraud or duress, with the intent to,
(b) cause him or her to be confined or imprisoned
SHORT ANSWER
Define GBH
Really serious harm - it need not be life threatening
SHORT ANSWER
Define wounds
A wound involves the breaking of the skin followed by the flow of blood either externally or internally
SHORT ANSWER
Define maims
Maiming is described as depriving another of the use of such of his members as may render him the less able in fighting, either to defend himself or to annoy his adversary
SHORT ANSWER
Define injures
To cause actual bodily harm
What was held in r v Lapier
Robbery is complete the instant the property is taken, even if possession by the thief is only momentarily
What are the three intents for kidnapping
(a) with intent to hold him or her for ransom or to service
(b) with intent to cause him or her to be confined or imprisoned
(c) with intent to cause him or her to be sent or taken out of New Zealand
INGREDIENTS
Using a firearm against a law enforcement officer
Sec 198A CA61
14 years
Who 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 person is a member of the police, traffic or prison so acting
Example of a non immediate harmful consequence (HIV) use r v mwai to support answer
R v mwai
What factors changes robbery into aggravated robbery (3 examples)
(a) Robs any person and at the time of, or immediate 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 or instrument or anything appearing to be such a weapon or instrument, robs any person
What must the prosecution prove against someone who abducts a young person under sec 210(2)
- The person is under 16 years of age AND
- The receiving was deliberate or intentional AND
- 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
- The accused intended by reason of the receiving to deprive the person with lawful care of possession of that young person
What was held in r v Joyce - include lawful possession
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 time
What is migrant smuggling
It involves a person who has freely consented to be brought into NZ as an illegal immigrant
What is people trafficking
It involves a person who,is brought into NZ by means of coercion or deception
What is the difference between sec 188 (1) and (2)
Same outcome but has different intents
Define reckless disregard.
The offender acts in a way that he foresees is likely to result in injury, but proceeds regardless of the risk and in doing so causes serious harm to the victim
Define Deliberate act
Means that the act or omission must be done deliberately, must be more than involuntary or accidental.
Circumstantial evidence for an offenders intent may be inferred from?
The offenders actions before, during or after the act, or the surrounding circumstances or the nature of the act itself
R v taisalika
The nature of the blow and gash which it produced on the complainants head would point strongly to the presence of the necessary intent
DPP V SMITH - GBH
Bodily harm needs no explanation and grievous means no more and no less than really serious
Grievous need not be
Life threatening or involve permanent injury
Define Maiming
It will involve the mutilating, crippling or disabling a part of the body so as to deprive the victim of the use of a limb or of one of the senses
Define disfigure
Means to deform or deface, to mar, alter the figure or appearance of a person
R v Ratana and Murray - disfigure
The word disfigure covers not only permanent damage but also temporary damage
The doctoring of transferred malice
It is not necessary that the person suffering the harm was the intended victim
To injure means
To cause actual bodily harm
Actual bodily harm may be
Internal, external, it need not be permanent
R v Donovan - actual bodily harm
Means any hurt or injury calculated to interfere with the health or comfort of the victim
To prove acting recklessly - the defendant was
- aware of the risk but proceeded regardless
And
- that it was unreasonable to do so
R v Harvey- recklessness
A conscious and deliberate taking of an unjustifiable risk
When recklessness is an element of an offence it must be proved that
- that the defendant consciously and deliberately ran an unjustifiable risk and
- it was unreasonable to take that risk
The difference between 189(1) and (2) is
The distinction between the two is the offenders intent
1 - the offender intends to cause GBH however the outcome is lesser
2 - the offender intends to injure or acts with reckless disregard and injures the victim
Section 191 intents are (agg wounding)
(a) to commit or facilitate the commission of any imprisonable offence or
(b) to avoid the detection of himself or any other person in the commission of any imprisonable offence 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
Section 191 harm (agg wounding)
Wounds, maims, disfigured or causes GBH to any person, or stupefies or renders unconscious any person, or by any violent means renders any person incapable of resistance
To aggravate is
To make something worst
In proving section 191 agg wounding the crown must satisfy a two fold test for intent
- The defendant intended to facilitate the commission of an imprisonable offence and
- He or she intended to cause the specified harm or was reckless as to that risk
To facilitate means
To make possible or to make easy or easier
Define imprisonable offence
Any offence which is punishable by a term of imprisonment
191 (1)(a) - offender intentionally causes the specified harm to make it easier to commit the offence
A
191(1)(b) - offender causes specified harm to prevent himself or another person from being caught in the act
A
191(1)(c) - specified harm is caused to make it easier to escape or prevent their capture
A
R v wati- 191(1)(c) arrest or facilitate the flight
There must be proof of the commission or attempted commission of a crime either by the person. Committing the assault or person whose arrest or flight he intends to avoid or facilitate.
R v strum - stupefies
The defendant administered alcohol and drugs to hi male victims to dull their senses to enabling him to sexually violate them.
To render a person means to
Cause them to be or to become
The term violent means includes
The application of force that physically incapacitates a person - like tying a person up or inflicting debilitating injuries
Violent means is not limited to physical violence but can include threats of violence depending on the circumstances
A
Aggravated assault 192(1) is same as 191 but harm is only assaultive. Term is 3 years
A
192(2) the offender must assault an officer or person aiding an officer acting in…..
A
Section 198(1) discharging firearm or doing dangerous act with intent
14 years who with intent to do GBH
(a) discharges any firearm, air gun, or other similar weapon at any person or
(b) sends or delivers to any person or puts in any place any explosive or injurious substance or device or
(c) sets fire to any property
Section 198 creates offences with three options (with intent to cause GBH)
What are they?
1 discharging a firearm at any person
2 delivering explosives, injurious substance or device
3 sets fire to property
Section 198 creates criminal liability based on the intentions and actions of the offender rather than the outcome
A
R v pekepo (section 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.
Define property sec 2
Includes any real and personal property
198B -uses any firearm in commission of an imprisonable offence
(1) every one is liable to imprisonment for a term not exceeding 10 years who,
(a) in committing any imprisonable offence, uses any firearm or
(b) while committing any imprisonable offence has any firearm with him in circumstances that Prima facile show an intention to use it in connection with that imprisonable offence
Abduction section 208
14 years - CA61
Unlawfully- without lawful justification or excuse
Takes away - to be carried away from a place they want to be
Detains - keep in confinement or custody
Person -
Consent - persons conscious and voluntary agreement (r v cox)
Fraud - consent obtained by misrepresentation of the facts
Duress - a coercion of the will so as to invalidate consent
Intent - an intent to commit the act and to get a specific result
198(1)(a) discharges firearm with intent to do GBH.
14 years
CA61
With intent - intent to commit an act and intent to get a specific result
GBH - really serious harm
Discharges - to fire or shoot Firearm Or Airgun Or Similar weapon - R v pekepo - an intention to shoot that person must be established. At any person -
Section 198B(1)(a) commission of a crime with a firearm
10 years
CA61
In committing any offence -
Uses - includes firing or presenting or displaying it in a menacing manner
any firearm -
Define firearm sec 2
Anything from which any shot, bullet, missile or other projectile can be discharged by force of explosion
Includes,
- anything capable of doing so by adaption, completion, replacement or parts or repair or defect
- any dismantled firearm
- any especially dangerous airgun
Robbery
Sec 234(1)
CA61
10 years
Theft
Accompanied by - must prove offender had intent to steal at time violence
violence - more than trivial assault
Or threats of violence
Any person
Or property
Used to extort the property - to obtain by coercion or intimidation
Used to prevent or overcome resistance to it being stolen - keep from happening
