Brainscape's Knowledge GenomeTM

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


See full index

Violence Offences > Violence Offences > Flashcards

Violence Offences Flashcards

1
Q

Section 188(1), Crimes Act 1961

A

with intent to cause GBH to any one, wounds, maims, disfigures, or causes grievous bodily harm to any person

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

Section 188(2), Crimes Act 1961

A

with intent to injure anyone, or with reckless disregard for the safety of others, wounds, maims, disfigures, or causes grievous bodily harm to any person.

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

In a criminal law context there are two specific types of intention in an offence. What are the two specific types of intent?

A
  1. Intention to commit the act

2. intention to get a specific result

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

Circumstantial evidence from which an offender’s intent may be inferred can include:

A
  • The offender’s actions and words before, during and after the event
  • The surrounding circumstances
  • The nature of the act itself
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

In serious assault cases, additional circumstantial evidence that may assist in proving an offender’s intent may include:

A
  • Prior threats
  • Evidence of premeditation
  • The use of 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
6
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.

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

DPP v Smith

A

“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”.

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

R v Waters

A

“A breaking of the skin would be commonly regarded as a characteristic of a wound. It is normally evidenced by a flow of blood and, in its occurrence at the site of a blow or impact, the wound will more often than not be external. But there are those cases where the bleeding which evidences the separation of tissues may be internal.”

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

Maiming

A

“depriving another of the use of such of his members as may render him the less able in fighting, either to defend himself or to annoy his adversary”.

It 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.

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

Disfigurement

A

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

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

R v Rapana and Murray

A

The words 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
12
Q

The doctrine of Transferred Malice

A

It is not necessary that the person suffering the harm was the intended victim. Where the defendant mistakes the identity of the person injured, or where harm intended for one person is accidentally inflicted on another, he is still criminally responsible, under the Doctrine of Transferred Malice.

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

Injure

A

To injure means to cause actual bodily harm

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

R v Donovan

A

‘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, no doubt, be more than merely transitory and trifling.

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

Reckless

A

“Reckless” involves consciously and deliberately taking an unjustifiable risk.

It must be proved not only that the defendant was aware of the risk and proceeded regardless (a subjective test), but also that it was unreasonable for him to do so (an objective test).

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

R v Harney

A

“Recklessness means the conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk”.

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

When recklessness is an element in an offence, two things must be proved. What are they?

A
  1. That the defendant consciously and deliberately ran a risk (a subjective test)
  2. That the risk was one that was unreasonable to take in the circumstances as they were known to the defendant (objective test).
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Section 189(1), Crimes Act 1961

A

with intent to cause grievous bodily harm to any one, injures any person.

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

Section 189(2), Crimes Act 1961

A

with intent to injure any one, or with reckless disregard for the safety of other, injures any person.

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

Section 191(1), Crimes Act 1961

A

Aggravated Wounding or injury

(a) With intent to commit or facilitate the commission of any imprisonable offence; or
(b) with intent to avoid the detection of himself or of any other person in the commission of any imprisonable offence; or
(c) with intent 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 GBH to any person or stupefies or renders unconscious any person, or by any violent means renders any person incapable of resistance

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

Section 191(2), Crimes Act 1961

A

With any such intent as aforesaid, injures any person

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

R v Tihi

A

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
23
Q

What are the “Two-fold” test for intent?

A
  1. The defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in paragraphs (a), (b) or (c), and
  2. He or she intended to cause the specified harm, or was reckless as to that risk.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

R v Wati

A

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
25
Q

Stupefies

A

“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 any way which might hinder an intended crime”.

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

Section 192(1), Crimes Act 1961

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Section 192(2), Crimes Act 1961

A

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.

28
Q

Section 198(1), Crimes Act 1961

A

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

29
Q

Section 198(2), Crimes Act 1961

A

With intent to injure, or with reckless disregard for the safety of other, does any of the acts referred to in subsection (1) of this section.

30
Q

R v Pekepo

A

A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient proof. An intention to shoot that person must be established.

31
Q

Section 198A(1), Crimes Act 1961

A

Every one 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.

32
Q

Section 198A(2), Crimes Act 1961

A

Every one 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.

33
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.

34
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.

35
Q

Section 198B(1), Crimes Act 1961

A

Every one 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.

36
Q

Section 234(1), Crimes Act 1961

A

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.

37
Q

Define Dishonestly

A

in relation to an act or omission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.

38
Q

Claim of right

A

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.

39
Q

R v Skivington

A

Larceny (or theft) is an element of robbery, and if the honest belief that a man has a claim of right is a defence to larceny, then it negatives one of the elements in the offence of robbery, without proof of which the full offence is not made out.

40
Q

R v Lapier

A

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

41
Q

R v Cox

A

Possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, 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.

42
Q

Actual Possession

A

The thing in question is in a person’s physical custody or control

43
Q

Potential Possession

A

The person has the potential to have the thing in question in their control.

44
Q

R v Maihi

A

It is implicit in ‘accompany’ that there must be a nexus (connection or link) between the act of stealing… and a threat of violence. Both must be present.

45
Q

Peneha v Police

A

It is sufficient that “the actions of the defendant forcibly interfere with personal freedom or amount to forcible powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort.”

46
Q

Section 235, Crimes Act 1961

A

Every one who -

(a) robs any person and, at the time of, or immediately before or immediately after, the robbery, causes grievous bodily harm 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.

47
Q

R v Joyce

A

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

48
Q

R v Galey

A

“Being together” involves two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime.

49
Q

Section 236(1), Crimes Act 1961

A

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.

50
Q

Section 236(2), Crimes Act 1961

A

Every one who assaults any person with intent to rob that person or any other person.

51
Q

Section 237(1), Crimes Act 1961

A

Every one 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.

52
Q

Section 237(2), Crimes Act 1961

A

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.

53
Q

Section 239(1), Crimes Act 1961

A

Every one 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.

54
Q

Section 239(2), Crimes Act 1961

A

Every one who with menaces or by any threat, demands any property from any persons with intent to steal it.

55
Q

Section 208, Crimes Act 1961

A

Every one 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.

56
Q

R v Wellard

A

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

57
Q

R v Crossan

A

Taking away and detaining are “separate and distinct offences. The first consists of taking (the victim) away; the second of detaining her. The first offence was complete when the prisoner took the woman away against her will. Then, having taken her away, he detained her against her will, and his conduct in detaining her constituted a new and different offence.”

58
Q

R v Pryce

A

Detaining is an active concept meaning to “keep in confinement or custody”. This is to be contrasted to the passive concept of “harbouring” or mere failure to hand over.

59
Q

R v Cox

A

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

60
Q

Mohi

A

The offence is complete once there has been a period of detention or a taking accompanied by the necessary intent, regardless of whether that intent was carried out.

61
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.

62
Q

Section 209, Crimes Act 1961

A

Every one 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 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.

63
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

64
Q

Section 210(1), Crimes Act 1961

A

Every one 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.

65
Q

Section 210(2), Crimes Act 1961

A

Every one 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.

66
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.

Violence Offences (1 decks)

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