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Modules > Violence Liabilities > Flashcards

Violence Liabilities Flashcards

1
Q

Wounding with intent (GBH)

A 
Wounding with intent
Section 188(1), Crimes Act 1961
14 years
  • With intent to cause GBH
  • To anyone
  • Wounds, maims, disfigures, or causes GBH
  • To any person
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2
Q

Wounding with intent (Injure)

A 
Wounding with intent
Section 188(2), Crimes Act 1961
7 years
  • With in intent to injure anyone, or with reckless disregard for the safety of others
  • Wounds, maims, disfigures, or causes GBH
  • To any person
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3
Q

Injuring with intent (GBH)

A 
Injuring with intent
Section 189(1), Crimes Act 1961
10 years
  • With intent to cause GBH
  • To anyone
  • Injures any person
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4
Q

Injuring with intent (Injure)

A 
Injuring with intent
Section 189(2), Crimes Act 1961
5 years
  • With intent to injure any one, or with reckless disregard for the safety of others
  • Injures
  • Any person
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5
Q

Aggravated wounding

A

Aggravated wounding or injury
Section 191(1)(a) or (b) or (c), Crimes Act 1961
14 years

  • (a) With intent to commit or facilitate the commission of any imprisonable offence; or
  • (b) With intent to avoid the detection of himself or herself or of any other person in the commission of any imprisonable offence; or
  • (c) With intent to avoid the arrest or facilitate flight of himself or herself or of any other person upon the commission or attempted commission of any imprisonable offence -
  • Wounds, maims, disfigures, or causes GBH
  • To any person, or stupefies, or renders unconscious any person, or by any violent means renders any person incapable of resistance
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6
Q

Aggravated injury

A

Aggravated injury
Section 191(2), Crimes Act 1961
7 years

  • (a) With intent to commit or facilitate the commission of any imprisonable offence; or
  • (b) With intent to avoid the detection of himself or herself or of any other person in the commission of any imprisonable offence; or
  • (c) With intent to avoid the arrest or facilitate flight of himself or herself or of any other person upon the commission or attempted commission of any imprisonable offence -
  • Injures
  • Any person
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7
Q

Aggravated assault

A

Aggravated assault
Section 192(1)(a) or (b) or (c), Crimes Act 1961
3 years

  • Assaults
  • Any other person
  • (a) With intent to commit or facilitate the commission of any imprisonable offence; or
  • (b) With intent to avoid the detection of himself or herself or of any other person in the commission of any imprisonable offence; or
  • (c) With intent to avoid the arrest or facilitate flight of himself or herself or of any other person upon the commission or attempted commission of any imprisonable offence.
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8
Q

Aggravated assault (Constable)

A

Aggravated assault
Section 192(2), Crimes Act 1961
3 years

  • 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 or her duty
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9
Q

Discharging firearm with intent (1)(a)

A 
Discharging firearm with intent
Section 198(1)(a), Crimes Act 1961
14 years
  • With intent to do GBH
  • Discharges any firearm, airgun, or other similar weapon
  • At any person
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10
Q

Doing dangerous act with intent (1)(b)

A 
Doing dangerous act with intent
Section 198(1)(b), Crimes Act 1961
14 years
  • With intent to do GBH
  • Sends or delivers to any person, or puts in any place, any explosive or injurious substance or device
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11
Q

Doing dangerous act with intent (1)(c)

A 
Doing dangerous act with intent
Section 198(1)(c), Crimes Act 1961
14 years
  • With intent to do GBH
  • Sets fire
  • To any property
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12
Q

Discharging firearm or doing dangerous act with intent (2)

A 
Discharging firearm or doing dangerous act with intent
Section 198(2), Crimes Act 1961
7 years
  • With intent to injure, or with reckless disregard for the safety of others
  • Discharges any firearm, airgun, or other similar weapon at any person; or
  • Sends or delivers to any person, or puts in any place, any explosive or injurious substance or device; or
  • Sets fire to any property
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13
Q

Using any firearm against law enforcement officer; etc (1)

A

Using any firearm against law enforcement officer; etc
Section 198A(1), Crimes Act 1961
14 years

  • 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 constable or a traffic officer or a prison officer so acting
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14
Q

Using any firearm against law enforcement officer; etc (2)

A

Using any firearm against law enforcement officer; etc
Section 198A(2), Crimes Act 1961
7 years

  • 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
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15
Q

Commission of crime with firearm (1)(a)

A

Commission of crime with firearm
Section 198B(1)(a), Crimes Act 1961
10 years

  • In committing any imprisonable offence
  • Uses any firearm
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16
Q

Commission of crime with firearm (1)(b)

A

Commission of crime with firearm
Section 198B(1)(b), Crimes Act 1961
10 years

  • 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
17
Q

Robbery

A

Robbery
Section 234(1), Crimes Act 1961
10 years

  • Theft
  • Accompanied by violence or threats of violence
  • To any person or property
  • Used to extort the property stolen or prevent or overcome resistance to its being stolen
18
Q

Aggravated robbery (a)

A

Aggravated robbery
Section 235(a), Crimes Act 1961
14 years

  • Robs any person
  • At the time of, or immediately before or immediately after, the robbery
  • Causes GBH
  • To any person
19
Q

Aggravated robbery (b)

A

Aggravated robbery
Section 235(b), Crimes Act 1961
14 years

  • Being together with any other person or persons
  • Robs any person
20
Q

Aggravated robbery (c)

A

Aggravated robbery
Section 235(c), Crimes Act 1961
14 years

  • Being armed with any offensive weapon or instrument or any thing appearing to be such a weapon or instrument
  • Robs any other person
21
Q

Assault with intent to rob (1)(a)

A 
Assault with intent to rob
Section 236(1)(a), Crimes Act 1961
14 years
  • With intent to rob any person
  • Causes grievous bodily harm to that person or any other person
22
Q

Assault with intent to rob (1)(b)

A 
Assault with intent to rob
Section 236(1)(b), Crimes Act 1961
14 years
  • With intent to rob any person
  • 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
23
Q

Assault with intent to rob (1)(c)

A 
Assault with intent to rob
Section 236(1)(c), Crimes Act 1961
14 years
  • With intent to rob any person
  • Being together with any other person or persons
  • Assaults that person or any other person
24
Q

Assault with intent to rob (2)

A 
Assault with intent to rob
Section 236(2), Crimes Act 1961
7 years
  • Assaults any person
  • With intent to rob that person or any other person
25
Q

Blackmail (1)

A 
Blackmail
Section 237(1), Crimes Act 1961
14 years (S.238)
  • Everyone commits blackmail who threatens, expressly or by implication, to make any accusation against any person (whether living or dead), to 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
26
Q

Demanding with intent to steal, etc (1)

A 
Demanding with intent to steal, etc
Section 239(1), Crimes Act 1961
14 years
  • 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
27
Q

Demanding with intent to steal, etc (2)

A 
Demanding with intent to steal, etc
Section 239(2), Crimes Act 1961
7 years
  • With menaces or by any threat
  • Demands any property from any persons
  • With intent to steal it
28
Q

Abduction for purposes of marriage or civil union or sexual connection

A 
Abduction for purposes of marriage or civil union or sexual connection
Section 208(a) or (b) or (c), Crimes Act 1961
14 years
  • 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 go through a form of marriage or civil union with 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 go through a form of marriage or civil union, or to have sexual connection, with some other person
29
Q

Kidnapping

A

Kidnapping
Section 209(a) or (b) or (c), Crimes Act 1961
14 years

  • Unlawfully
  • Takes away or detains
  • A person
  • Without his or her consent or with his or 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
30
Q

Abduction of young person under 16 (1)

A

Abduction of young person under 16
Section 210(1), Crimes Act 1961
7 years

  • 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
31
Q

Abduction of young person under 16 (2)

A

Abduction of young person under 16
Section 210(2), Crimes Act 1961
7 years

  • 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
32
Q

Abduction of young person under 16 (3)(a) & (b) Info

A 
Abduction of young person under 16
Section 210(3), Crimes Act 1961
  • (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
33
Q

Abduction of young person under 16 (4)

A 
Abduction of young person under 16
Section 210(4), Crimes Act 1961
  • In this section young person means a person under the age of 16 years
34
Q

Section 209A (YP consent)

A

Young person under 16 cannot consent to being taken away or detained

  • For the purposes of sections 208 (Abduction) and 209 (Kidnapping), a person under the age of 16 years cannot consent to being taken away or detained
35
Q

Smuggling migrants (1)

A

Smuggling migrants
Section 98C(1), Crimes Act 1961
20 years, $500,000, or both

  • Arranges for an unauthorised migrant to enter 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
36
Q

Smuggling migrants (2)

A

Smuggling migrants
Section 98C(2), Crimes Act 1961
20 years, $500,000, or both

  • 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
37
Q

Trafficking in persons (1)(a)

A

Trafficking in persons
Section 98D(1)(a), Crimes Act 1961
20 years, $500,000, or both

  • Arranges, organises, or procures -
  • (a) The entry of a person into, or the exit of a person out of, New Zealand 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
38
Q

Trafficking in persons (1)(b)

A

Trafficking in persons
Section 98D(1)(b), Crimes Act 1961
20 years, $500,000, or both

  • Arranges, organises, or procures -
  • (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
39
Q

Section 98F Info

A

Attorney-General’s consent to prosecutions required

  • (1) Proceedings for an offence against section 98C and section 98D cannot be brought in a New Zealand court without the Attorney-General’s consent
  • (2) A person to have committed an offence against section 98C or section 98D may be arrested, or a warrant for the person’s arrest may be issued and executed, and the person be remanded in custody or on bail, even though the Attorney-General’s consent to the bringing of proceedings against the person has not been obtained

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