VIOLENCE Flashcards
Incapable of resistance. R v Crossan. The best description.
Incapable of resistance. R v Crossan. The best description.
Rendering the person incapable of resistance is a question of fact and depends on the assessment of the jury of all the circumstances surrounding the making of the threat.
Being together with. R v Joyce. The best description (physically present together).
Being together with. R v Joyce. The best description (physically present together).
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 of the robbery.
What is an accusation? Best description (guilty of criminal conduct).
What is an accusation? Best description (guilty of criminal conduct).
The word will normally refer to an allegation by defendant that the person is guilty of criminal conduct.
Two fold test for intent. R v Tihi.
Two fold test for intent. R v Tihi.
The defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in paragraph a,b,c
and
He intended to cause specific harm or was reckless as to that risk.
Recklessness. R v Harney. The best description.
Recklessness. R v Harney. The best description.
Recklessness means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the consequences complained of could well happen together with an intention to continue the course of conduct regardless of risk.
Stupifies. R v Sturm. Best description.
Stupifies. R v Sturm. Best description.
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.
Jim sees Billy with a new iPhone which he wants to buy. He tells Billy to give him the phone to play with or else he will punch him in the head. Billy gives him the phone and runs away. What is Jims criminal liability?
Jim sees Billy with a new iPhone which he wants to buy. He tells Billy to give him the phone to play with or else he will punch him in the head. Billy gives him the phone and runs away. What is Jims criminal liability?
Robbery
A child in the legal custody of her mother has an argument with her mother. She calls her father and tells him to pick her up. He agrees and comes and picks her up.
What offence the father has committed?
A child in the legal custody of her mother has an argument with her mother. She calls her father and tells him to pick her up. He agrees and comes and picks her up.
What offence the father has committed?
Abduction of a child S210 CA ‘61 as he has deprived the mother of possession.
Sec 188(2): With intent to injure…
Sec 188(2): With intent to injure…
With intent to injure anyone
OR
With Reckless Disregard for the safety of Others
Wounds, or Maims, or Disfigures or Causes GBH,
To any person.
Difference between migrant smuggling and people trafficking:
Difference between migrant smuggling and people trafficking:
Migrant smuggling involves a person who has freely consented to being brought into NZ as an illegal immigrant
and
people trafficking involves a person who is brought into NZ by means of coercion and/or deception.
Difference between S188 (1) and (2):
Difference between S188 (1) and (2):
Different intent - same outcome
Some chick befriends an old lady, and the chick finds out that the old lady has a lot of cash in her bank account. Demands the lady to give up the pin number or she’ll tell her family not to have anything to do with her anymore:
Some chick befriends an old lady, and the chick finds out that the old lady has a lot of cash in her bank account. Demands the lady to give up the pin number or she’ll tell her family not to have anything to do with her anymore:
Demands with intent to steal S239.
R v Crossan.
R v Crossan.
Detain and Takes Away are different therefore prosecution must specify which one is being used.
Secondary intent:
Secondary intent:
Offender believes those consequences can happen.
Claim of right (Blackmail),
Claim of right (Blackmail),
The proprietary or possessory right in property related to the offence committed.
