Violence Offences 010 Flashcards
1
Q
Definition: Intent
A
Deliberate act and intention to produce a desired result.
2
Q
Case Law:
R v Collister
A
Intent can be inferred by;
- Actions and words before, during and after the event.
- Surrounding Circumstances
- Nature of the Act
3
Q
Case law:
R v Taisalika
A
Nature of the blow and the gash produced point strongly towards the necessary intent.
4
Q
Define:
Recklessness
A
Conscious and deliberately taking an unjustified risk.
5
Q
Case law:
Cameron v R
A
Recklessness is established if;
- The Defendant recognised that there was a real possibility that (Subjective)
- His actions would bring about the proscribed result and
- Having regard to that risk those actions were unreasonable (objective)
6
Q
Case law:
R v Tipple
A
A deliberate decision to run the risk
7
Q
Define:
GBH
A
Harm that is really serious.
8
Q
Case law:
DPP v Smith
A
Bodily harm needs no explanation, grievous means no more or less than really serious.
9
Q
Case law:
R v Waters
A
Wounds involved the breaking of the skin and the flowing of blood, either externally or internally.
10
Q
Define:
Maiming
A
Mutilating, Crippling or disabling a part of the body, deprive of use of a limb or senses.
11
Q
Define:
Disfigurement
A
Deform or deface, mar or alter the figure or appearance of a person
12
Q
Case law:
R v Rapana and Murray
A
Disfigure covers permanent and temporary damage.
13
Q
Define:
Injure
A
To cause bodily harm
14
Q
Case law:
R v Donovan
A
Bodily harm includes any hurt or injury interfering with the health and comfort of the victim.
15
Q
Proving Intent in serious assault cases
A
- Prior threats
- Evidence of premeditation
- Use of a weapon
- Whether the weapon was opportunistic or purposely brought
- The number of blows
- Degree of force
- Body parts targeted by the offender
- Degree of resistance from Victim
16
Q
Psychiatric Injury
A
Bodily harm may include psychiatric injury but doesn’t include emotions such as fear, distress, panic.
The injury must amount to an identifiable clinic condition for eg R v Donaldson the Victim had indecent acts performed on them while unconscious, they had no recollection of the events but once they found out, it had a psychological impact on them.
17
Q
Define:
Facilitate
A
Make possible or make easier
Provided they have the necessary intent at the time to cause harm it is immaterial whether they actually commit the intended offence or not.
18
Q
Case law:
R v Wati
A
There must be proof of the commission or attempted commission of a crime by the person committing the assault or by the person whose arrest or flight they intent to avoid or facilitate.
19
Q
Case law:
R v Tihi
A
Two fold test for intent
1. The Defendant intended to facilitate the commission of an imprisonable offence.
- They intended to cause the specified harm, or reckless to that risk.
20
Q
Definition + Case law:
R v Sturm
A
Cause effect on the mind or nervous system interfering with mental/physically ability
21
Q
Define:
Violent means
A
Application of force that physically incapacitates a person (like tying feet)
22
Q
Case law:
R v Crossan
A
Powerlessness of the will causing physical incapacitation
23
Q
Define:
Assault
A
- The act of intentionally applying or attempting to apply force to another
- Directly or indirectly or by threatening by any act or gesture to apply such force to another.
- If the person making the threat has or causes the other to believe on RG that they have the present ability to effect their purpose and to assault.
24
Q
Case law:
R v Pekepo
A
Must establish an intention to shoot someone. Reckless discharge of a firearm in the general direction of a passer by is not proof.
25
Define:
Discharge
To fire or to shoot
26
Define:
Firearm
Acts by force of explosive
27
Define:
Air gun
By force of compressed gas
28
Case law:
R v Swain
Deliberately or purposely removing a firearm from a bag after being confronted by Police amounts to ‘use of that firearm’
29
Case law:
Police v Parker
Use in any manner whatever is to contemplate short of firing the weapon and includes presenting it.
30
Case law:
Fisher v R
Necessary to prove that the accused knew someone was attempting to arrest or detain himself or another, otherwise no mens rea
31
Define:
MSSA
Semi auto with 1 or more;
Folding/telescopic butt, magazine holding more than 15 .22 cartridges, detachable magazines. (Custom magazine is 7 or 10 detachable)
32
Define:
Pistol
Fired in one hand, 762mm less in length
33
Define:
Dishonestly
Means done without a belief in express or implied consent or authority.
34
Define:
Claim of right
Without belief in a propriety or possessory right in the property.
35
Case law:
R v Skivington
Theft is an element of robbery and if they have an honest belief in a claim of right then it is a defence to theft.
This then negatives one of the element of robbery therefore claim of right is also a defence to robbery.
36
Case law:
R v Laiper
Robbery is complete the instance the property is taken, even if possession is momentary.
37
Define:
Property
Includes any real and personal property, any estate or interest in any real or personal property, money, electricity, any debt and anything in action, and any other right or interest.
38
Case law:
R v Cox
Possession involves two elements
1. Physical - actual or potential physical custody or control.
2. Mental - knowledge in awareness of possession and intention to exercise possession.
39
Case law:
R v Maihi
There must be a connection or link between the act of stealing and threat of violence. Doesn’t require the act of stealing and threat of violence to be contemporaneous.
40
Case law:
Peneha v Police
Actions of the Defendant interfered with personal freedom and causing bodily injury or discomfort.
41
Case law:
R v Broughton
Threats maybe direct or veiled. Conveyed by words, conduct or both.
42
Define:
Extort
Obtain by violence, coerce or intimidate.
43
Define:
Prevent
Keep from happening
44
Define:
Overcome
Get the better of
45
Case law:
R v Joyce
Together with/physical proximity:
Crown must establish that at least two persons were physically present at the time the robbery was committed or assault occurred.
46
Case law:
R v Galey
Together with/joint enterprise:
Two or more person having the common intention to use their combined forces
47
Define:
Being armed with
Carrying the item or has it available for use as a weapon
48
Define:
Offensive weapon
Any offensive weapon, article made or altered for causing bodily injury or intended for such use.
49
Case law:
R v Bentham
A persons body is not a weapon (i.e finger gun)
50
Define:
Unlawfully
Without lawful justification, authority or excuse
51
Define:
Takes away
Physically removed from one place to another
52
Case law:
R v Wellard
Deprivation of liberty coupled with carrying away from the place the victim wants to be.
53
Define:
Detains
Impose constraint or restraint on somebody
54
Case law:
R v Pryce
Active concept meaning to keep in confinement or custody
55
Case law:
R v Crossan
Taking away vs detaining:
Taking away and detaining are seperate and distinct offences. Taking away is complete when the victim is taken away against their will. Then having taking her away and detaining her - this is a new and different offence:
56
Define:
Consent
Conscious and voluntary agreement
57
Case law:
R v Cox
Consent must be full voluntary free and informed. Given by a person in a position to form a rational judgement.
58
Define:
Obtained by duress
Agreement based on fear or refusal
59
Case law:
R v Mohi
The offence is completed once there had been a period of detention or taking away with the intent. Regardless of whether the intent was carried out.
60
Case law:
R v Waaka
Intent can be formed at any time during the taking away
61
Case law:
R v Forest and Forest
The best possible evidence in the circumstances is proof of the victims age
62
Define:
Entices
Tempt or persuade
63
Define:
Ransom
Sum of money demanded or paid for release
64
Define:
Service
Keep as servant or slave
65
Define:
Confined
Restricting movements with a geographical area, curtailing activity
66
Define:
Imprisoned
In prison, locked in a room or boot of a car
67
Define:
Sent out of NZ
Victim can leave on their own, perhaps as a result of threat
68
Define:
Taken out of NZ
Victim is in company or custody of a person accompanying them.
69
Crime Act 1961
Section 188 (1)
Wounding with intent to GBH
14 years
70
Elements:
Section 188 (1)
- With intent to cause GBH
- To any person
- Wounds, Maims, disfigures or causes GBH
- To any person
71
Crimes Act 1961
Section 188 (2)
Wounding with intent to injure
7 years
72
Elements:
Section 188 (2)
- With intent to injure or with reckless disregard to the safety of others
- Wounds, maims, disfigures or causes GBH
- To any person
73
Crimes Act 1961
Section 189 (1)
Injuring with Intent to GBH
10 years
74
Elements:
Section 189 (1)
- With intent to cause GBH
- To any person
- Injures any person
75
Crimes Act 1961
Section 189 (2)
Injuring with intent to injure
5 years
76
Elements:
Section 189 (2)
- With intent to injure anyone or with reckless disregard to the safety of others
- Injures any person
77
Crimes Act 1961
Section 191 (1)
Aggravated wounding
14 years
78
Elements:
Section 191 (1)
- With intent to;
a) Commit or facilitate the commission of any imprisonable offence OR
b) Avoid the detection of himself or another in the commission of any Imprisonable offence OR
c) Avoid arrest or facilitate the flight of himself or another upon commission or attempted commission of any imprisonable offence.
- Wounds, maims, disfigures, GBH, stupefies, renders unconscious, by any violent means renders person incapable of resistance.
79
Crimes Act 1961
Section 191 (2)
Aggravated Injury
7 Years
80
Elements;
Section 191 (2)
With intent to;
a) Commit or facilitate the commission of any imprisonable offence OR
b) Avoid the detection of himself or another in the commission of any Imprisonable offence OR
c) Avoid arrest or facilitate the flight of himself or another upon commission or attempted commission of any imprisonable offence.
- Injures any person
81
Crimes Act 1961
Section 192 (1)
Aggravated Assault
3 years
82
Elements:
Section 192 (1)
- Assaults any other person
- With intent to;
a) Commit or facilitate the commission of any imprisonable offence OR
b) Avoid the detection of himself or another in the commission of any Imprisonable offence OR
c) Avoid arrest or facilitate the flight of himself or another upon commission or attempted commission of any imprisonable offence.
83
Crimes Act 1961
Section 192 (2)
Aggravated Assault
3 Years
84
Elements:
Section 192 (2)
- 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 assaulted in the execution of his duty
85
Crimes Act 1961
Section 198 (1)
Discharge Firearm with Intent
14 Years
86
Elements:
Section 198 (1)
- With intent to cause GBH;
a) Discharges any firearm, air gun or similar weapon at any person.
b) Sends or delivers to any person, or puts in any place, any explosive or injurious substance/device
c) Sets fire to any property
87
Crimes Act 1961
Section 198 (2)
Doing dangerous Act with intent
7 years
88
Elements:
Section 198 (2)
- With intent to injure or with reckless disregard for the safety of others
- Does any acts in Subsection 1
a) Discharges any firearm, air gun or similar weapon at any person.
b) Sends or delivers to any person, or puts in any place, any explosive or injurious substance/device
c) Sets fire to any property
89
Crimes Act 1961
Section 198A (1)
Using any firearm against law enforcement officer
14 years
90
Elements:
Section 198A (1)
- Uses any firearm
- In any manner whatever
- Against any Constable, traffic officer, prison officer acting in the course of their duty.
- Knowing that or being reckless whether or not that person is one of the above roles.
91
Crimes Act 1961
Section 198A (2)
Using any firearm against law enforcement officer
7 Years
92
Elements:
Section 198A (2)
- Uses any firearm
- In any manner whatever
- With intent to resist lawful arrest or detention of themselves or another
93
Crimes Act 1961
Section 198B
Commission of an Imprisonable offence with firearm
10 years
94
Elements:
Section 198B (1) (b)
- While committing any Imprisonable offence
- Has any firearm with them
- In circumstances that Prima facie show an intention to use it in connection with that Imprisonable offence
95
Crimes Act 1961
Section 219
Theft
96
Elements:
Section 219
- Dishonestly and without claim of right
- Takes any property
- With intent to permanently deprive any owner of that property or any interest in that property
97
Crimes Act 1961
Section 234
Robbery
10 years
98
Elements:
Section 234
- 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 the property being stolen
99
Crimes Act 1961
Section 235 (a) (b) (c)
Aggravated robbery
14 years
100
Elements
101
Elements:
Section 235 (a)
- Robs any person
- At the time of, immediately before or after, causes GBH
- To any person
102
Elements:
Section 235 (b)
- Being together with any other person(s)
- Robs any person
103
Elements:
Section 235 (c)
- Being armed with any offensive weapon or instrument or anything appearing to be such thing
- Robs any person
104
Crimes Act 1961
Section 236 (1) (a) (b) (c)
Assault with Intent to Rob
14 years
105
Elements:
Section 236 (1) (a)
- With intent to rob any person
- Causes GBH to any person
106
Elements:
Section 236 (1) (b)
- With intent to rob any person
- Being armed with any offensive weapon or instrument or anything appearing to be such thing.
- Assaults any person
107
Elements:
Section 236 (1) (c)
- With intent to rob any person
- Being together with any person
- Assaults any person
108
Crimes Act 1961
Section 208
Abduction
14 years
109
Elements:
Section 208
- Unlawfully
- Takes away or detains
- Any person
- With or without consent or with consent obtained by fraud or duress
a) With intent to marry or civil union that person
b) With intent to have a sexual connection with that person
c) With intent to cause that person to marry or civil union OR to have a sexual connection with another
110
Crimes Act 1961
Section 209
Kidnapping
14 Years
111
Elements:
Section 209
- Unlawfully
- Takes away or detains
- Any person
- With or without consent or with consent obtained by fraud or duress
a) With intent to hold them for ransom or service
b) With intent to cause them to be confined or imprisoned
c) With intent to cause them to be sent or taken out of NZ
112
Crimes Act 1961
Section 210 (1) (2)
Abduction of young person under 16
7 years
113
Elements:
Section 210 (1)
- With intent to deprive a parent/guardian or person with lawful care or charge of a young person or the possession of a young person.
- Unlawfully takes, entices away or detains the young person
114
Elements;
Section 210 (2)
- Receives a young person
- Knowing that they have been
- Unlawfully taken, enticed away or detained
- With intent to deprive parent/guardian or person with lawful care or possession of the young person
