violence Flashcards
Ingredients: s.188 offences
Wounding with Intent. s.188(1) 14 years
With intent to cause GBH to any person
wounds, maims, disfigures, causes GBH
Any person
Wounding with intent to injure s.188(2) 7 years
With intent to injure OR
With reckless disregard for the safety of others
Wounds, Maims, disfigures, causes GBH
To any person.
Ingredients: s,189 offences
Injuring with intent to cause GBH s.189(1) 10 years
With intent to cause GBH to any person
Injures
Any person
Injuring with intent s.189(2) 5 years
With intent to injure any person OR
With reckless disregard for the safety of others
Injures any person.
Ingredients Robbery and agg robbery offences
Robbery s.234 (1) 10 years
Theft
accompanied by violence OR threats of violence
To any person OR Property
Used to extort the property being stolen OR
prevent or overcome any resistance to its being stolen
s.235 14 years (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 person or persons
Robs
Any person.
(c)
Being armed with any offensive weapon, instrument or anything appearing to be such an offensive weapon or instrument,
Robs
Any person.
ingredients Assault with intent to rob
236(1) 14 years
(a)
With intent to rob any person
Causes GBH to that person or any other person
(b)
With intent to Rob any person
Being armed with any offensive weapon, instrument or anything appearing to be such a offensive weapon o instrument.
Assaults that person or any other person
(c)
With intent to rob any person
Being together with any person or persons
Assaults that person or any other person.
S.236 (2) 7 Years
Assaults
any person
With intent to rob that person or any other person.
Ingredients: Agg wounding or Injuring
s.191 (1) Agg Wounding 14 years
(a) With intent to commit or facilitate the commission of any imprisonable offence:
(b) With intent to avoid the detection of himself or another in the commission of any imprisonable offence:
(c) With intent to avoid the arrest of facilitate flight of himself or another upon the commission or attempted commission of any imprisonable offence:
Wounds, maims, disfigures, causes GBH, stupifys, renders unconscious or by any violent means renders any person incapable of resistance.
(2) Injures any person
Ingredients: Discharge Firearm with Intent
s.198 (1) 14 years
(a)
With intent to do GBH
To any person
Discharges any firearm, air gun or similar weapon
At any person
s.198(2) 7 years
(a)
With intent to injure any person OR with reckless disregard for the safety of others
Discharges any firearm, air gun or similar weapon
At any person
Ingredients; Doing a dangerous act with intent
s.198(1) 14 years (b) with intent to cause GBH to any person Sends, delivers or puts in any place Any explosive or injurious substance or device.
s.198(2) 7 years
(b)
With intent to injure any person OR with reckless disregard for the safety of others
Sends, delivers or puts in any place
Any explosive or injurious substance or device.
198(1) 14 years
(c)
With intent to cause GBH to any person
Sets fire to any property
s.198(2) 7 Years
(c)
With intent to injure any person OR with reckless disregard for the safety of others
Sets fire to any property
Ingredients; Using a firearm against a LEO
s.198A (1) 14 years
Any person
Uses a firearm in any manner whatever
Against a PO, CO, TO acting in the course of their duty knowing that person or being reckless whether or not that person is a PO, CO or TO so acting.
s.198A(2) 10 years
Any person
Uses a firearm in any manner whatever
With intent to resist lawful arrest or detention of himself or another
Ingredients; Commission of an Imprisonable Offence with a firearm
s.198B 10 years
(a)
A person
Commits an imprisonable offence
Using a firearm
(b)
A person
commits an imprisonable offence
Has any firearm with him or her in circumstances that show a prima facie intention to use that firearm in connection with the imprisonable offence
Ingredients: Blackmail
s.237(1) 14 years
Any person
Threatens expressly or by implication
to make an accusation against any person whether living or dead OR
To disclose anything about any person OR
To cause serious damage to any property OR
Endanger the life of any person
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
to obtain any benefit OR
Cause loss to any person
Ingredients; Demands with Intent to steal
s.239(1) 14 years Without claim of Right And By Force or any threat Compels Any Person To execute, make, accept or endorse, alter or destroy any documentation capable of conferring a pecuniary advantage With intent to obtain any benefit
(2) 7 Years With menaces or by any threat Demands any property From any person With intent to steal it
Ingredients: Abduction
s.208 14 years
Unlawfully y fraud or duress
Takes away or detains
A person
Without his or her consent or consent obtained by fraud or duress
(a) with intent to marry him or her
(b) with intent to have sexual connection with him or her
(c) with intent to cause him or her to marry or have sexual connection with some other person
Ingredients: Kidnapping
s.209 14 years
Unlawfully
Takes away or detains
A person
Without their consent or consent obtained by fraud or duress
(a) with intent to hold him for ransom or service
(b) with intent to cause him to be confined or imprisoned
(c) With intent to cause him or her to be sent or taken out of NZ
Ingredients: Abduction of a young person and receiving a young person
s.210 (1) 7 years
With intent to deprive a parent or guardian or other person having the lawful care or charge of a young person of possession of a young person
Unlawfully takes OR entices way OR obtains possession of a young person
s.210 (2) 7 Years
Receives a Young Person
Knowing that he or she has been unlawfully taken or enticed away or obtained
With intent to deprive a parent or guardian or other person with the lawful care or charge o that young person of possession o that young person.
What is the difference between s.188 (1) and (2) and s.189 (1) and (2)
the diference between 188 and 189 are that the intents are the same and outcomes different.
The differences between the subsections 188(1) and 188(2) are that the outcomes are the same but the intents are different.
Define “criminal intent”
in a criminal law context there are two specific types of intent firstly an intent to commit the act and secondly and intent to get a specific result
What are examples of circumstantial evidence from which an offenders intent can be proven
offenders actions before during and after the event
surrounding circumstances
nature of the act itself
What are 9 factors of circumstantial evidence that will assist in proving intent in serious assault offences
- prior threats
- evidence of premeditation
- use of a weapon
- whether a weapon was purposefully bought to the scene or opportunistic
- the number of blows delivered
- the degree of force used
- the body parts targeted (eg head)
- the degree of resistance offered or helplessness of the victim (eg unconcious)
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Define R v Taisalika and its relevance
The court has held that lack of memory of the event due to intoxication is not the same as lack of intent
The nature of the blow and the wound that it produced on the complainants head would point strongly to the presence of the necessary intent.
Define R v HUNT and its relevance
if the intent was to do GBH it is immaterial whether GBH was done, the question is not what the wound was but what was intended.
defendant was found guilty of s.188(1) after attempting to stab a person, missing and causing a wound to an unintended victim.
Define DPP V SMITH and its relevance
bodily harm needs no explanation and grievous means no more an no less than really serious.
gbh simply means harm that is really serious, it need not be permanent or life threatening.
Discuss Bodily harm in relation to a psychiatric injury
Bodily harm may include psychiatric injury but it is necessary that it amount to a clinically identifiable injury and expert evidence will be required to attest to that fact.
Discuss R v MWAI in relation to bodily injury
R V MWAI
the defendant was charged was infecting the victim with HIV through unprotected sex. (s.188(2) reckless disregard)
harm is not limited to the immediate harmfull consequences of the action.
Define a wound and the relevant case law
a wound includes the breaking of the skin and the flow of blood at its site either internal or externally
R v WATERS
a breaking of skin would be commonly regarded as characteristic of a wound. the breaking of the skin will be normally evidenced by a flow of blood in its occurrence at the site of impact,the wound will more often than not be external but there may be some cases in which the bleeding which evidences the separation of the tissues may be internal.