Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

James - CIB Modules SF > Violence > Flashcards

Violence Flashcards

1
Q

Doctrine of Transferred Malice and R v Hunt

A

Where harm intended for one person is inflicted on another through mistaken of identity or accident, the offender is still criminally liable.

R v Hunt
The defendant intended to stab the property owner but accidentally wounded the owner’s servant.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

“Injurious Substance or Device”

What is the case law?

When is the offence complete?

A

Injurious Substance or Device - range of things capable of causing harm to a person

e.g. anthrax

R v Fitzgerald - barbed wire connected to mains power would likely be injurious device

s198(1)(b):
Offence complete when substance or device sent, delivered or put in place. Must have capacity to explode.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

s198(1) and (2) CA61

A

s198 CA61:

(1):
Liable 14 years who, with intent to do GBH,—
(a) Discharges any firearm, airgun, 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.

(2):
Liable 7 years who, with intent to injure, or with reckless disregard for the safety of others, does any of the acts referred to in subsection (1) of this section.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Kidnapping

A

s209:
Liable 14 years if

unlawfully takes away or detains a person without his or her consent or with his or her consent obtained by fraud or duress,—
(a)
with intent to hold him or her for ransom or to service; or
(b)
with intent to cause him or her to be confined or imprisoned; or
(c)
with intent to cause him or her to be sent or taken out of New Zealand.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Statutory defence to Blackmail

A

s237(2) CA61:

Every one who acts in the manner described in subsection (1) is guilty of blackmail, even though that person believes that he or she is entitled to the benefit or to cause the loss,
- unless the making of the threat is, in the circumstances, a reasonable and proper means for effecting his or her purpose.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

s198A CA61: Acting in the course of his duty

A

Illegal if trespassing unless acting in the course of his duty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

3 main investigative approaches for people trafficking and migrant smuggling

A

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 proceedings 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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

R v Lapier

A

Robbery is complete the instant the property is taken, even if possession is only momentary.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

R v Mwai and ‘non-immediate harm’

A

harm not limited to immediate harmful consequences of offender’s actions.

Mwai: Man with HIV had unprotected sex with several women. At the time HIV inevitably lead to AIDS and then death.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

R v Joyce

A

Crown must establish that at least two persons IN JOINT ENTERPRISE were physically present at the time the robbery was committed or the assault occurred.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

R v Taisalika

A

The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent.

Defendant argued unsuccessfully he was too intoxicated to have had the necessary intent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

R v Tihi

A

Relates to s191 CA61: Agg wounding or injury

In addition to one of the specific intents outlined in paragraphs (a), (b) or (c),

  • 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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

R v Crossan (re: taking away / detaining)

A

Crossan:
Taking away and detaining are “separate and distinct offences.

‘Taking away’ is complete when the defendant takes the victim against their will.

Then, having taken the victim away, he detains the victim against her will and this detention is a new and different offence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

R v Skivington

A

Theft is an element 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 elements in the offence of robbery, without proof of which the full offence is not made out.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Wound

A

R v Waters

The common characteristic of a wound is the breaking of the skin.

This is normally evidenced by a flow of blood at the site of a blow or impact, and more often than not the wound will be external.

But there are cases where separation of tissue and bleeding may be internal.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Maim

A

Involves 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.

Needs to be some degree of permanence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Disfigurement

R v Rapana and Murray

A

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

Rapana and Murray:
The word ‘disfigure’ covers “not only permanent damage but also temporary damage”.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Injury

A

to cause bodily harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

R v Donovan

A

‘Bodily harm’ … includes any hurt or injury calculated to interfere with the health or comfort of [the victim] …

it doesn’t need to be permanent but be must than merely transitory or trifling.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

GBH

A

DPP v Smith

Harm that is really serious

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Demands with Intent to Steal

A

s239 CA61:

(1) Liable 14 years who,
- 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 a pecuniary advantage with intent to obtain any benefit.

(2) Liable7 years who,
- with menaces or by any threat,
- demands any property from any persons with intent to steal it.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Using a firearm against a LEO

A

s198A CA61:

(1) Liable 14 years who uses any firearm in any manner whatever against any constable, or any traffic officer, or any 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 or a traffic officer or a prison officer so acting.

(2) Liable 10 years who uses any firearm in any manner whatever with intent
- to resist the lawful arrest or detention of himself or herself or of any other person.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

R v Wati

A

Relates to Agg Wounding/Injury s191 CA61

There must be proof of the commission or attempted commission of a crime either by the person committing the assault or by the person whose arrest or flight he
intends to avoid or facilitate.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What circumstantial evidence goes toward proving intent in serious assault cases?

A
  • prior threats
  • evidence of premeditation
  • the use of a weapon
  • whether any weapon used was opportunistic or purposely brought
  • the number of blows
  • the degree of force used
  • the body parts targeted by the offender (eg the head)
  • the degree of resistance or helplessness of the victim (eg unconscious).
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Wounding

and Injuring

A

s188 CA61:

(1) Liable 14 years who, with intent to cause GBH to any one, wounds, maims, disfigures, or causes GBH to any person.
(2) Liable 7 years who, with intent to injure anyone, or with reckless disregard for the safety of others, wounds, maims, disfigures, or causes GBH to any person.

s189 CA61:

(1) Liable 10 years who, with intent to cause GBH to any one, injures any person.
(2) Liable 5 years who, with intent to injure any one, or with reckless disregard for the safety of others, injures any person.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Recklessness

A

R v Harney:

Consciously taking an unjustified risk.

  1. Need proof that the negative consequence could well have happened
  2. an intention to continue taking the risk regardless.
  3. Needs to foresee the risk of injury but need not foresee the extent of the injury that resulted
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Difference between People Smuggling and People Trafficking?

A

Migrant smuggling:
Person freely consented to being brought into New Zealand as an illegal immigrant and is not subjected to coercion or deception.

People trafficking:
Involves a person who is brought into New Zealand by means of coercion and/or deception.

28
Q

Blackmail

and penalty

A

s237 CA61:
(1)
Threatens, expressly or by implication,
- to make any accusation about any person (whether living or dead),
- to make any 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 other person.

(2)
If act in manner in (1) then guilty blackmail even if believe entitled to the benefit or to cause the loss, UNLESS in the circumstances making the threat is a reasonable and proper means of effecting the purpose

(3)
In this section and in section 239, benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.

s238 CA61:
Liable 14 years

29
Q

Accusation

A

The word “accusation” will normally refer to an allegation that the defendant person is guilty of criminal conduct.

It does not matter whether the substance of the allegation is true or not

30
Q

Disclosure

A

“Disclosure” extends to information which would cause serious embarrassment or emotional distress.

Includes revealing information which may lead an investigation from which charges ensue.

31
Q

Demanding with Intent to Steal

Demanding with Menaces

A 
s239 CA61:
(1) 
Liable 14 years who, 
- 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 a pecuniary advantage with intent to obtain any benefit.

(2)
Liable 7 years who,
- with menaces or by any threat,
- demands any property from any persons with intent to steal it.

32
Q

R v Crossan (incap.)

A

R v Crossan
Incapable of resistance includes a powerlessness of the will as well as a physical incapacity. The term violent means is not limited to physical violence and may include threats of violence depending on the circumstances

33
Q

Aggravated Wounding

A

s191 CA61

(1) Liable 14 years who with intent—
(a) To commit or facilitate the commission of any imprisonable offence; or
(b) To avoid the detection of himself or of any other person in the commission of any
imprisonable offence; or
(c) To avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence

  • wounds, maims, disfigures, or causes grievous bodily harm to any person, or stupefies or renders unconscious any person, or by any violent means renders any person incapable of resistance.
    (2) Every one is liable to imprisonment for a term not exceeding 7 years who, with any such intent as aforesaid, injures any person.
34
Q

R v Sturm

A

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

35
Q

Aggravated Assault

A

s192 CA61:

(1) Liable 3 years who assaults any other person with intent-
(a) To commit or facilitate the commission of any imprisonable offence; or
(b) To avoid the detection of himself or of any other person in the commission of
any imprisonable offence; or
(c)To avoid the arrest or facilitate the flight of himself or of any other person upon the
commission or attempted commission of any imprisonable offence.

(2) Every one is liable to imprisonment for a term not exceeding 3 years who assaults any
constable or any person acting in aid of any constable, or any person in the lawful execution of any process, with intent to obstruct the person so assaulted in the execution of his duty.

36
Q

R v Pekepo

A

recklessly discharging a firearm in the general direction of a passer-by who happens to be hit is not sufficient proof. Must intend to shoot the person

37
Q

Discharging a firearm or doing dangerous act with intent

A

198 CA61:

(1) Liable 14 years who, with intent to do GBH,—
(a) Discharges any firearm, airgun, 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.

(2) Liable 7 years who, with intent to injure, or with reckless disregard for the safety of others, does any of the acts referred to in subsection (1) of this section.

38
Q

Sets fire

A

Damage not need involve burning or charring, melting, blistering of paint or significant smoke damage may be sufficient.

39
Q

Using firearm against LEO

A

s198A CA61:

(1) Liable 14 years who uses any firearm in any manner whatever against any constable, or any traffic officer, or any 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 or a traffic officer or a prison officer so acting.
(2) Liable 10 years who uses any firearm in any manner whatever with intent to resist the lawful arrest or detention of himself or herself or of any other person.

40
Q

R v Swain

A

To deliberately or purposely remove a sawn-off shotgun from a bag after being confronted by or called upon by a police constable amounts to a use of that firearm within the meaning of s 198A Crimes Act 1961.

41
Q

Fisher v R

A

It is necessary in order to establish a charge under section 198A(2) for the Crown to prove that the accused knew someone was attempting to arrest or detain him because otherwise the element of mens rea of intending to resist lawful arrest or detention cannot be established.

42
Q

Commission of imprisonable offence with a firearm

A

s198B CA61:

(1) Liable 10 years who,—
(a) In committing any imprisonable offence, uses any firearm; or
(b) While committing any imprisonable offence, has any firearm with him or her in circumstances that prima facie show an intention to use it in connection with that imprisonable offence.

43
Q

Robbery

A

s234 CA61:

(1) Robbery is theft accompanied by violence or threats of violence, to any person or property, used to extort the property stolen or to prevent or overcome resistance to its being stolen.
(2) Liable 10 years.

44
Q

R v Lapier

A

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

45
Q

R v Cox (possession)

A

Two elements:

1 = the physical element, is actual or potential physical custody or control.

2 = the mental element, is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession; and an intention to exercise possession.

46
Q

R v Maihi

A

‘accompany’ implies a connection between act of stealing and threat of violence. Both must be present but need not be contemporaneous.

47
Q

Aggravated Robbery

A

s235 CA61:

Liable 14 years who—
(a) robs any person and, immediately before, or at the time of, immediately after, the
robbery, causes GBH to any person; or
(b) being together with any other person or persons, robs any person; or
(c) being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument, robs any other person.

48
Q

R v Joyce

A

at least two persons were physically present at the time the robbery was committed or the assault occurred.”

49
Q

R v Galey

A

“Being together” in the context of s235(b) involves

  • two or more persons having the common intention to use their combined force,
  • as circumstances might require, directly in the perpetration of the crime.
50
Q

Assault with intent to rob

A

s236 CA61:

(1)
Liable 14 years who, with intent to rob any person,—
(a) causes GBH to that person or any other person; or
(b) being armed with any offensive weapon or instrument, or any thing appearing
to be such a weapon or instrument, assaults that person or any other person; or
(c) being together with any other person or persons, assaults that person or any
other person.

(2)
Liable 7 years who assaults any person with intent to rob that person or any other person.

51
Q

Claim of right

A

s2 CA 61:

in relation to any act,

  • means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed,
  • although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.
52
Q

Abduction

A

s208 CA61:

Liable 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,—
    (a) with intent to marry him or her; or
    (b) with intent to have sexual connection with him or her; or
    (c) with intent to cause him or her to be married to or to have sexual connection with some other person.
53
Q

What must Crown prove for Abduction/Kidnapping?

A
  1. The defendant took away or detained a person;
  2. The taking or detention was intentional or deliberate; 3. The taking or detention was unlawful;
  3. The taking or detention was without that person’s consent (or with consent induced by fraud or duress);
  4. The defendant knew that there was no consent to the taking or detention; and
  • Specific intentions
54
Q

R v Wellard

A

Essence of kidnapping is “deprivation of liberty coupled with a carrying away from the place where the victim wants to be”.

55
Q

R v Pryce

A

Detaining is active concept meaning to “keep in confinement or custody”. Contrasted with passive concept of “harbouring” or mere failure to hand over.

56
Q

R v Cox (consent)

A

Consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgment.”

57
Q

R v Mohi

A

The offence is complete on detention or taking accompanied by the necessary intent, regardless of whether that intent was carried out.

58
Q

R v Waaka

A

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

59
Q

R v M

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

60
Q

Abduction of Young Person under 16

A

s210 CA 61:

(1) Liable 7 years who, with intent to deprive a parent or guardian or other person having the lawful care or charge of a young person of the possession of the young person,
- unlawfully takes or entices away or detains the young person.

(2) Liable 7 years who 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.

(3) For (1) and (2),—
(a) it is immaterial whether the young person consents, or is taken or goes or is received at his or her own suggestion; and
(b) it is immaterial whether the offender believes the young person to be of or over the age of 16.

(4) In this section young person means a person under the age of 16 years.

61
Q

R v Forrest and Forrest

A

The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.

62
Q

Is consent a defence to s208-209 offences?

A

No.

s209A CA 61

63
Q

s210A CA 61. What is the good faith defence to s209-210? (Regards YP)

A

A person who claims in good faith a right to the possession of a YP under 16 years cannot be convicted of an offence against s209 or s210 because he or she gets possession of the young person.

64
Q

Smuggling Migrants

A

s98C CA61:

(1) Liable 20 years or $500K or both (ss3) who arranges for an unauthorised migrant to enter NZ or any other state, if he or she—
(a) does so for a material benefit; and
(b) either knows that the person is, or is reckless as to whether the person is, an unauthorised migrant.

(2) Liable 20 years or $500K (ss3) who arranges for an unauthorised migrant to be brought to New Zealand or any other state, if he or she—
(a) does so for a material benefit; and
(b) either knows that the person is, or is reckless as to whether the person is, an unauthorised migrant; and
(c) either—
(i) knows that the person intends to try to enter the state; or
(ii) is reckless as to whether the person intends to try to enter the state.

(3) Penalty is 20 years or $500K
(4) and (5) Proceedings may be brought under ss(1)-(2) even if unauthorised migrant did enter/was brought into NZ.

65
Q

Trafficking in Persons

A

s98D CA61:

(1) Liable 20 years or $500K or both (ss2) who arranges, organises, or procures—
(a) the entry of a person into, or the exit of a person out of, NZ or any other State—
(i) for the purpose of exploiting or facilitating the exploitation of the person; or
(ii) knowing that the entry or exit of the person involves 1 or more acts of coercion against the person, 1 or more acts of deception of the person, or both; or

(b) the reception, recruitment, transport, transfer, concealment, or harbouring of a person in New Zealand or any other State—
(i) for the purpose of exploiting or facilitating the exploitation of the person; or
(ii) knowing that the reception, recruitment, transport, transfer, concealment, or harbouring of the person involves 1 or more acts of coercion against the person, 1 or more acts of deception of the person, or both.

(2) Penalty is 20 years or $500K or both

(3) Proceedings may be brought under this section even if—
(a) parts of the process by which the person was exploited, coerced, or deceived were accomplished without an act of exploitation, coercion, or deception:

(b) the person exploited, coerced, or deceived—
(i) did not in fact enter or exit the State concerned; or
(ii) was not in fact received, recruited, transported, transferred, concealed, or harboured in the State concerned.

(4) For the purposes of this section, exploit, in relation to a person, means to cause, or to have caused, that person, by an act of deception or coercion, to be involved in—
(a) prostitution or other sexual services:
(b) slavery, practices similar to slavery, servitude, forced labour, or other forced services:
(c) the removal of organs.]

66
Q

Do you need approval from the Attorney General to prosecute for offences under sections 98C and 98D Crimes Act 1961?

A

Yes but you do not need approval to arrest and oppose bail.

James - CIB Modules SF (12 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions