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Modules > Violence offences - legislation > Flashcards

Violence offences - legislation Flashcards

1
Q

Section 188 Crimes Act 1961 - What is the title?

A

Wounding with intent

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2
Q

Section 188(1) Crimes Act 1961 - What are the elements?

A

Wounding with intent

  • With intent to cause Grievous Bodily Harm
  • To anyone
  • Wounds, Maims, disfigures or causes Grievous bodily harm
  • To any person
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3
Q

Wounding with intent act and section?

A

S188 Crimes Act 1961

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4
Q

Section 188(2) Crimes act 1961 - What are the elements?

A

Wounding with intent

  • 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
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5
Q

Section 189 Crimes Act 1961 - What is the title?

A

Injuring with intent

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6
Q

Injuring with Intent - Act and Section?

A

Section 189 Crimes Act 1961

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7
Q

Section 189(1) Crimes act 1961 - What are the elements?

A

Injuring with intent

  • With intent to cause GBH
  • To anyone
  • Injures
  • Any person
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8
Q

Section 189(2) Crimes act 1961 - What are the elements?

A

Injuring with Intent

  • With intent to injure anyone OR with reckless disregard for the safety of others
  • Injures
  • Any person
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9
Q

Section 191 Crimes Act 1961 - What is the title?

A

Aggravated wounding or injury

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10
Q

Aggravated wounding or injury - Act and section

A

Section 191 Crimes Act 1961

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11
Q

Section 191(1) Crimes Act 1961 - Aggravated wounding - What are the elements?

A

Aggravated wounding
- With intent:
(a) To commit or facilitate the commission of any imprisonable offence
(b) To avoid the detection of himself or of any other person in the commission of any imprisonable offence
(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
- Wounds, maims, disfigures, or causes grievous bodily harm 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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12
Q

Section 191(2) Crimes Act 1961 - Aggravated injury - What are the elements?

A

Aggravated injury

  • With intent:
    (a) To commit or facilitate the commission of an imprisonable offence
    (b) To avoid the detection of himself or of any other person in the commission of any imprisonable offence or
    (c) to avoid arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence
  • Injures any person
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13
Q

Section 192 Crimes Act 1961 - What is the title?

A

Aggravated assault

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14
Q

Aggravated assault - what is the act and section?

A

Section 192 Crimes Act 1961

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15
Q

Section 192(1) Crimes Act 1961

A

Aggravated assault

  • Assaults any person
  • With intent -
    (a) To commit or facilitate the commission of any imprisonable offence
    (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.
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16
Q

Section 192(2) Crimes Act 1961

A

Aggravated Assault

  • 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.
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17
Q

Section 198 Crimes Act 1961 - What is the title?

A

Discharging firearm or doing dangerous act with intetn

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18
Q

Discharging firearm or doing dangerous act with intent - Act and section

A

Section 198 Crimes Act 1961

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19
Q

Section 198(1) Crimes Act 1961
- what are the elements

A

Discharging a firearm or doing dangerous act with intent

  • With intent to do GBH
    (a) Discharges any firearm, airgun or similar weapon at any person
    (b) sends or delivers to any person or puts in any place, any explosive or injurious substance or device
    (c) Sets fire to any property
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20
Q

Section 198(2) Crimes Act 1961

A

Discharging any firearm or doing a dangerous act with intent

  • With intent to injure or with reckless disregard for the safety of others
  • does any of the acts specified in subsection(1) of this act
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21
Q

Section 198A Crimes Act 1961 - What is the title?

A

Using any firearm against law enforcement officer

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22
Q

Using any firearm against law enforcement officer etc - Act and Section?

A

Section 198A Crimes Act 1961

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23
Q

Section 198A(1) Crimes Act 1961

A

Using firearm against law enforcement officer

  • 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, the person is a member of the police or a traffic officer or a prison officer so acting
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24
Q

Section198A(2) Crimes Act 1961

A

Using firearm against law enforcement officer

  • 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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25
Q

Section 198B Crimes Act 1961 - What is the title?

A

Commission of an imprisonable offence with a firearm

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26
Q

Commission of an imprisonable offence with a firearm - act and section?

A

Section 198B Crimes Act 1961

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27
Q

Section 198B(a) Crimes Act 1961

A

Commission of an imprisonable offence with firearm

  • In committing any imprisonable offence
  • Uses any firearm
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28
Q

Section 198B(b) Crimes Act 1961

A

Commission of an imprisonable offence with a firearm

  • 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
29
Q

Section 234 Crimes act 1961 - What is the title?

A

Robbery

30
Q

Robbery - Act and section

A

Section 234 Crimes Act 1961

31
Q

Section 234(1) Crimes Act 1961 - Robbery - What are the elements?

A

Robbery

  • 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
32
Q

Section 235 Crimes Act 1961 - What is the title?

A

Aggravated robbery

33
Q

Aggravated robbery - Act and section

A

Section 235 Crimes Act 1961

34
Q

Section 235(a) Crimes Act 1961 - Aggravated Robbery - What are the elements?

A

Aggravated robbery

  • Robs
  • Any person
  • And at the time of or immediately before or immediately after, the robbery, causes grievous bodily harm to any person
35
Q

Section 235(b) Crimes Act 1961 - Aggravated Robbery - What are the elements?

A

Aggravated robbery

  • being together with any other person or persons
  • Robs
  • Any person
36
Q

Section 235(c) Crimes Act 1961 - Aggravated Robbery - What are the elements?

A

Aggravated robbery

  • Being armed with any weapon or instrument or anything appearing to be such an offensive weapon or instrument
  • Robs
  • Any person
37
Q

Section 236 Crimes Act 1961 - What is the title?

A

Assault with intent to rob

38
Q

Assault with intent to rob - Act and section

A

Section 236 Crimes Act 1961

39
Q

Section 236(1)(a) Crimes act 1961 - Assault with intent to rob - what are the elements?

A
  • With intent to rob any person
  • Causes grievous bodily harm
  • To that person or to any other person
40
Q

Section 236(1)(b) Crimes Act 1961 - Assault with intent to rob - What are the elements?

A

Assault with intent to rob

  • 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 persopn
41
Q

Section 236(1)(c) Crimes Act 1961 - Assault with intent to rob - what are the elements?

A

Assault with intent to rob

  • With intent to rob any person
  • being together with any other person or persons
  • Assaults that person or any other person
42
Q

Section 236(2) Crimes Act 1961 - Assault with intent to rob - what are the elements?

A

Assault with intent to rob

  • assaults any person
  • With intent to rob that person or any other person
43
Q

Section 237 Crimes Act 1961 - What is the title?

A

Blackmail

44
Q

Blackmail - act and section

A

Section 237 Crimes act 1961

45
Q

Section 237(1) Crimes Act 1961 - Blackmail - What are the elements

A

Blackmail

  • Threatens expressly or by implication
  • To make any accusation against any person (whether living or dead) OR to disclose something about any person (whether living or dead) OR to cause serious damage to property or endanger the safety of any other 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 cause loss to any other person
46
Q

Section 237(2) Crimes Act 1961

A

Blackmail

  • Everyone who acts in accordance in the manner described in sub 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
47
Q

Section 239 Crimes Act 1961 - What is the title?

A

Demanding with intent to steal

48
Q

Demanding with intent to steal act and section

A

Section 239 Crimes Act 1961

49
Q

Section 239(1) Crimes Act 1961 - Demanding with intent to steal - What are the elements?

A

Demanding with intent to steal

  • 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
50
Q

Section 239(2) Crimes Act 1961 - Demanding with intent to steal - What are the elements?

A

Demanding with intent to steal

  • with menaces or by any threat
  • Demands any property
  • From any person
  • With intent to steal it
51
Q

Section 208 Crimes Act 1961 - What is the title?

A

Abduction for the purposes of marriage or civil union or sexual connection

52
Q

Abduction for purposes of marriage or civil union or sexual connection - Act and section?

A

Section 208 Crimes Act 1961

53
Q

Section 208 Crimes Act 1961 - Abduction - What are the elements?

A

Abduction for purposes of marriage or civil union or sexual connection

  • Unlawfully
  • Takes away or detains
  • A person
  • Without their consent or with consent obtained by fraud or duress -
    (a) with intent to go through a form of marriage or civil union
    (b) With intent to have sexual connection with that person
    (c) With intent to cause that person to go through a form of marriage or civil union or have sexual connection with some other person
54
Q

Section 209 Crimes Act 1961 - What is the title?

A

Kidnapping

55
Q

Kidnapping - Act and section

A

Section 209 Crimes Act 1961

56
Q

Section 209 Crimes Act 1961 - Kidnapping - What are the elements?

A

Kidnapping

  • Unlawfully
  • Takes away OR detains
  • Any person
  • Without his consent or with consent obtained by fraud or duress
    (a) With intent to hold him or her for ransom or service
    (b) With intent to cause him or her to be confined or imprisoned
    (c) With intent to cause him or her to be sent or taken out of NZ
57
Q

Section 210 Crimes Act 1961 - What is the title?

A

Abduction of young person under 16

58
Q

Abduction of young person under the age of 16 - Act and section?

A

Section 210 Crimes Act 1961

59
Q

Section 210(1) Crimes Act 1961 - Abduction of YP - What are the elements?

A

Abduction of a young person under the age of 16

  • With intent to deprive a parent or guardian or other person of 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
60
Q

Section 210(2) Crimes Act 1961 - Abduction of YP - What are the elements?

A

Abduction of young person under the age of 16

  • 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
61
Q

Section 210(3) Crimes act 1961 - Abduction of a YP - For the purposes of subsection (1) and (2)

A

(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

62
Q

Section 210A Crimes Act 1961

A

A person who claims in good faith a right to the possession of a young person under the age of 16 cannot be convicted of an offence against section 209 or section 210 because he or she gets possession of the young person

63
Q

Section 98C Crimes Act 1961 - What is the title?

A

Smuggling migrants

64
Q

Smuggling migrants - act and section

A

Section 98C Crimes Act 1961

65
Q

Section 98C(1) Crimes Act 1961 - Smuggling migrants - What are the elements?

A
  • 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
66
Q

Section 98C(2) Crimes Act 1961 - Smuggling migrants - What are the elements

A
  • Arranges
  • For an unauthorised migrant
  • To be brought into NZ or any other state, if he or she
    (a) Does so for a material benefit
    (b) Either knows that 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 and enter the state
    (ii) is reckless as to whether the person intends to try to enter the state
67
Q

Section 98D Crimes Act 1961 - What is the title?

A

Trafficking in persons

68
Q

Trafficking in persons act and section

A

Section 98D Crimes Act 1961

69
Q

Section 98D(1) Crimes Act 1961 - Trafficking in persons - What are the elements?

A
  • Any person
  • Who arranges, organises or procures
    (a) the entry of a person into, or the exit of a person out of NZ or any other state
    (i) for the purpose of exploiting or facilitating the exploitation of that 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; or
    (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, transfers 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

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