Violence - CIB010 Flashcards
Billy and John are drinking in the skate park they see Simon with his skate board they approach him. Billy corner him and demands for his skate board or he will smash his sister sitting nearby. Simon tells Billy to fuck off John punches Simon in the face he falls to the ground. Simon gets up and takes off with his skate board Billy chases him down the road but doesn’t catch him.
Completed CL
Assault with intent to rob being together with
S236(1)(c) CA 61
1- With intent to rob any person
2- Being together with any other person
3- Assaults that person
Bill and Jane are in a defacto relationship Jane works at a café. Bill rocks up at the café because he thinks that she is being unfaithful. Bill yells at everyone to get out whilst throwing chairs around. Everyone evacuates and Janes tries to run out the door. Bill grabs her and locks the back door. Bill abuses and assaults Jane for about 30 mins in the café.
Complete a CL
Kidnapping S209(b) CA61 - Confine not imprisonment.
1- Unlawfully 2- Detains 3- Any person 4- Without consent 5- with intent to b- Cause to be confined
What is the statutory defence to a charge of blackmail under S237(2) CA 61?
- 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 a reasonable and proper means for effecting their purpose
Under S210A CA 61 state the statutory defence for kidnapping S209 and abduction S210 CA 61?
- A person who claims in good faith a right to the possession of a young person under 16 yrs cannot be convicted because they get possession of the young person
Explain what was held in R v Crossan in relation to offences relating to S191
R v Crossan
- Incapable of resistances includes the powerlessness of the will as well as the physical incapacity.
What 4 things must the prosecution prove against a person who abducts a young person under S210(2)? (Receiving)
S210(2) CA61-7 yrs
1-the accused received a person under the age of 16
2- the receiving was deliberate or intentional
3- the accused knew that the young person had been unlawfully taken, enticed away or detained from a person who had lawful possession of the young person
4- the accused intended to deprive that person with lawful care of possession of that young person.
Explain R v Donovan
R v Donovan
- Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but must be more than merely transitory or trifling.
Explain R v Maihi
R v Maihi
- There must be a connection or link between the act of stealing and the threat of violence. Both must be present however they need not be at the same time.
Explain claim of right plus the section
Claim of right - S2 CA 61
- In relation to act means a belief at the time of the act in a property or possessory right in property, in which the alleged offence has been committed. although that belief maybe based on ignorance or mistake of fact or any other matter of law other than against which the alleged offence has been committed.
What factors elevate the offence of robbery under S234 to Agg Rob S235?
a- At the time of immediately before or after causes GBH
b- Being together with any other person person robs any person
c- Being armed with any offensive weapon or instrument or anything appearing to be a weapon robs any person
John waits down the road as a look out while Bill runs in a shop and uses violence to steal smokes. Although they have acted jointly in the offending why is it not an Agg robbery by being together with?
- There must be prove that in committing the robbery the defendant was part of a joint enterprise with 2 or more people who were physically present at the robbery.
It this case they were not physically present at the time of robbery but are both guilty of robbery. Considered by R v Joyce
Can a finger up a jersey pretending to be a gun by defined as an instrument or an item appearing to be an offensive weapon?
- A thing does not include part of a person body. In R v Bentham the defendant broke into a house and put his hand under his jacket giving the impression he had a gun. The House of Lords held that the term anything did not include an unsevered hand.
The offence of abduction of a young person under 16 yrs S210 CA61 consists of what?
1- Unlawfully taking, enticing away or detaining a young person or
2- unlawfully receiving a young person and knowing that the YP was unlawfully taken, enticed away or detained and
3- intending to deprive the young persons parents, guardian or caregiver of possession of them.
Explain R v Forrest and Forrest?
R v Forrest and Forrest
- The best possible evidence should be produced when proving the victim age.
For a conviction under S210(1) CA61 Abduct of YP under 16 yrs the Crown must prove
S210(1) CA61-7 yrs
1- The defendant unlawfully took, enticed or detained a person under 16 yrs
2- It was intentional or deliberate
3- It was from a person who the defendant knew has lawful care of the YP.
4- It was done with intent to deprive that person of having lawful care of the YP.
What must be proven in relation to Blackmail under S237 CA61?
The ID of the offender and they threatened expressly or by implication
1- To make an accusation against any person (Living or dead).
2- To disclose something about that person
3- To cause serious damage to property or endanger the safety of any person
4- With intent to cause that person to act in accordance with the will of the person making that threat
5- and obtain any benefit or cause loss to any person
Define the offence of demanding with intent to steal S239(1) CA61?
S239(1) CA61 - 14yrs
- without claim, by force or with any threat
- Compels any person to make, execute, Destroy, endorse, alter
- Any document capable of conferring a pecuniary advantage
- with intent to obtain any advantage
Define the offence of demanding with intent to steal S239(2) CA61?
S239(2) CA61 - 7yrs
- With menace or by any threat
- Demands
- Any property
- from any person
- With intent to steal it
When does the offence of Assault with intent to rob occur?
When no property is taken but the offender has robbery as their intent
When is the offence of demanding with intent to steal completed?
When a threat is made with the necessary intent
The initial procedure for the investigating robbery varies with the stage at which the offence is reported. When may you be informed?
- Before the intended robbery
- During or after the incident
- After the offenders have left the scene
Priority should be given to the following areas when dealing with robbery
1- secure the safety of all members of the police and public
2- prevent the crime
3- contain the area of the offence
4- gather evidence from the scene and preserve it
5- establish and eliminate suspects
6- ID and locate the offender
7- search the offender and their property
8- establish if there is a case for prosecution and prepare the file.
Explain the doctrine of transferred malice?
- It is not necessary that the person suffering the harm was the intended victim. Where the offender mistakes the ID of the person injured or where intended harm is mistakenly inflicted on another person and not the intended victim, he is still criminally liable.
Explain R v Tihi? two fold test?
R v Tihi
- It must be shown the offender meant to cause specific harm or was reckless whether the actions undertaken were likely to expose others to risk suffering harm.
In serious assault case some circumstantial evidence may assist in proving the offenders intent. What are they?
1 - Prior threats 2- use of a weapon 3- was the weapon used by chance or brought intentionally 4- number of blows 5- degree of force used 6- part of the body that was targeted
What is the power of arrest in any offence?
You may arrest without warrant if you have good cause to suspect an offence has been committed and the arrest is authorized under S315 CA61 or S39(1) Summary offence act 81
What does an accusation mean in relation to Blackmail?
- Refers to an allegation that a person is guilty of a criminal conduct
What questions should you ask when receiving info from a CHIS?
- has the CHIS supplied reliable info before
- Has the CHIS info come from two different sources
- Have the staff at the intended robbery noticed any suspicious activity
- Does the company deal with large amounts of cash, drugs or valuable goods.
- How can you verify the info received is correct
What is an example of a non immediate harm?
- This would be the infection of HIV. HIV follows a steady relentless progression leading to AIDS and death. It is sufficient to show the defendant caused GBH.
What is the difference between S188(1) and S188(2) of CA61?
S188(1) - Intended the cause GBH and did so
S188(2) - Intended to injure but caused GBH
S189(1)- intended to cause GBH but injured
S189(2)- intended to injure and did
Would a charge of using a firearm against law enforcement officer fail if that officer was trespassing?
- Yes it would fail the officer must be acting in a lawful execution of his duty, if he is trespassing it would be lawful
What is implied consent in relation to assault?
- People commit technical assaults when they touch, shake hands, kiss or hug. When they do these they assume the other person will consent. This is implied consent
Abduction - A father takes his daughter 15yrs who consents but mum has court ordered custody. Is he still criminal liable?
Yes
What does R v Kelt say about having a firearm with him?
Having a firearm with him requires a very close physical link and a degree of immediate control over it.
Jim threatens to give John the bash unless he puts $1000 in his letterbox. What is the offence?
Robbery - threat to extort the property stolen. Property being money
A child in the custody of her mother has an argument with her and rings her dad telling him to come pick her up which he does. What offence has he committed?
Abduction of a young person under 16 yrs
What are the intents only in Blackmail
With intent to obtain any benefit or cause loss
Define injurious substances and give an example?
Injurious substance or device covers a range of things capable of causing bodily harm.
A letter containing anthrax powder that is mailed to a political target
What is S198B of CA61?
1- Everyone is liable to 10 yrs imprisonment who.
a- in committing any imprisonable offence uses any firearm,or
b- has any firearm with them in circumstances that prima facie show an intention to use it in connection with the imprisonable offence.
Can a person consent to harm? and also what is the defense of consent in relation to an assault?
No a person cannot consent to being assaulted by someone who intends to harm them.
Defence
- However a person can consent to the infliction of force that does not cause bodily harm
What is key difference between migrant smuggling S98C CA61 and people trafficking S98D CA61?
Migrant smuggling involves a person who has consented to be brought into NZ.
People trafficking involves a person who is brought into NZ by coercion or deception
The investigation approach for migrant smuggling S98C and people trafficking S98D has three categories what are they and explain them?
- Reactive investigation
victim led and initiated by an approach to police by the victim. - Proactive investigation
Police led with standard investigation techniques supplemented by intel to ID triffickers - Disruption investigation
appropriate in circumstances where the level of risk demands immediate action
What is penalty for trafficking people by means of coercion or deception?
20 yrs imprisonment or $500.000 fine or both
Do you need approval from the Attorney General to prosecute for migrant smuggling S98C CA61 and people trafficking S98D CA61?
Yes but not to arrest or oppose bail
In relation to demanding with intent to steal explain what compels means?
Means to force or bring about an action by force
In relation to demanding with intent to steal explain what by force or any threat means?
There must be an actual threat by words or conduct. It is not sufficient there is a fear without a threat
In relation to demanding with intent to steal explain what Menaces means?
Menace includes all verbal or written threats. No threat of physical harm is required.
Explain violence and Police v Peneha
Violence
-In the context of robbery violence must involve more than minimal degree of force and more than a technical assault. But need not involve the infliction of Body injury.
Penaha V Police
-It is sufficient that the actions of the defendant forcibly interfere with the personal freedom or amount to a forcible violent action or motion causing a very marked effect or tending to causes bodily harm or discomfort
Explain R v Wati in relation offences of S191?
R v Wati
- There must be proof of the commission or attempted commission of a crime. By the person committing the assault or by the person who’s arrest or flight he intends to avoid or facilitate
If the assault is serious what forensic steps should be taken?
1- Arrange for a full medical exam using a MEK
2- Obtain full written doctor reports on the injuries and condition
3- Assign someone to stay with the victim to provide sitreps on the condition and obtain interview. If the condition is life threatening consider a dying statement
What steps should be taken with an offender of a serious assault?
1- Interview and obtain a statement
2- Note and photograph injuries
3- Consider a full medical to establish injuries or identify features
4- Obtain a DNA sample
What are the initial steps at the scene of robbery before the scene exam?
1- Appoint a CIB member as OC scene
2- Establish the area that has been contaminated and preserve it
3- Leave one main witness at the scene to help with the reconstruction and clear all others from the scene
When completing a scene exam at robbery what steps must you take?
1- Arrange attendance of experts - SOCO, photos, ESR and brief them
2- Prepare a plan of the premise
3- Uplift any CCTV footage
4- obtain serial numbers of the notes stolen, uplift any notes used or other exhibits
5- Obtain control sample from the scene
To avoid any adverse effect at the trial what should you tell the victim not to do?
- Comment to the media
- Post images or comment on social media
You should not release details about amount of cash stolen unless when?
- OC investigation believes there is a valid reason for it
- Requested by the OC for operational reasons
- The bank has been consulted
explain what secondary intent is?
R v Wentworth
- Second intent is normally to embrace both the desired consequences and undesired but foreseen consequences. Eg - blowing up a plane for insurance but killing everyone inside it
What does entice means?
- To entice means to tempt, persuade or attract by creating hope or desire
Can a child under 16 yrs consent to be taken away or detained?
S209A CA61
- A child under 16yrs cannot consent to be taken away or detained
In relation to kidnapping and abduction offences what was held in R v M what must the Crown prove?
R v M
- The Crown must prove that the accused intended to take or detain the victim and they knew the victim was not consenting
A belief that a child is over 16yrs is no defence
S210(3)(b) CA61
- It is immaterial whether the accused believed the victim was of or over the age of 16yrs
