Violence Offences Module Flashcards
Wounding with intent is an offence under s188 of the Crimes Act 1961. Subsections (1) and (2) both relate to actions that result in wounding, maiming, disfiguring or grievous bodily harm to the victim. What is the difference between the two sections?
Whilst both sections of Wounding with intent pursuant of s188 of the Crimes Act 1961 relate to actions that result in wounding, maiming, disfiguring or grievous bodily harm to the victim the difference is the offender’s INTENT
In the context of s191 of the Crimes Act 1961, the offender causes harm to the victim in the process of committing an imprisonable offence. This harm is caused for one of three intents. Name the three intents?
Section 191 of the Crimes Act 1961 specifies harm for anyone of one of the following
purposes:
− intent to commit or facilitate the commission of any imprisonable offence
− intent to avoid the detection of himself or of any other person in the commission of any
imprisonable offence
− 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.
What was held in R v Crossan in relation to section 191 Crimes Act 1961
R v Crossan,
Incapable of resistance includes a powerlessness of the will as well as a physical incapacity.
The term violent means is not limited to physical violence and may include threats of violence depending on the circumstances
Section 198(1) Crimes Act 1961, Discharging a firearm with intent to do grievous bodily
harm, sets out three offences. Summarise those offences.
with intent to do gbh
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
What was held in R v Skivington?
Claim of Right is a defence to Robbery (Theft component not met)
What factors elevate the offence of Robbery (section 234 Crimes Act 1961) to
Aggravated (section 235 Crimes Act 1961)?
(a) At the time of immediately before or after “Caused GBH to any person”
(b) Being together with any other person robs any person
(c) Being armed with any offensive weapon or instrument or anything appearing to be a
weapon robs any other person
Define Claim of Right.
A belief at the time of the act in a proprietary or possessory right to the property
John waits down the road as a look out. Bill runs in and uses violence to steal cigarettes. Although they have acted jointly in the offending why is it not an aggravated robbery by being together with?
Being together with - There must be proof that, in committing the robbery, the defendant was part of a joint enterprise by two or more persons who were physically present at the time of the robbery. In this case they were not physically together at the time of the robbery. They are both guilty of Robbery.
R v Joyce [1968] NZLR 1070
Can a finger up a jersey pretending to be a gun be defined as an instrument or an item appearing to be an offensive weapon? Explain your answer referring to case law.
A “thing” does not include a part of a person’s body.
R v Bentham the defendant broke into a house where the victim was asleep in bed and put his hand under his jacket, pushing the material out to give the impression he had a gun. He threatened to shoot the victim, who handed over money as a consequence of the threat. The House of Lords held that the term “any thing” did not include the defendant’s unsevered hand
What was held in R v Crossan with regard to “taking away and detaining”?
Taking away and detaining are “separate and distinct offences.
Define Consent as set out in R v Cox.
Full Voluntary Free and Informed, freely and voluntarily given by a person in a position to form a rational judgement.
List the three intents defined under Kidnapping (section 209(a), (b)and (c) of the Crimes Act
1961).
(a) With intent to hold for 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
For a conviction under s210(1) of the Crimes Act 1961 the Crown must prove what 5 things?
(d) The taking, enticement or detention was INTENTIONAL;
(e) The taking, enticement or detention was from a person who had LAWFUL CARE of the YP;
(f) The defendant knew the OTHER PERSON had LAWFUL CARE of the YP;
(g) The taking, enticement or detention was UNLAWFUL and
(h) It was done with intent to DEPRIVE a parent, guardian, or other person having lawful care of YP
Can a young person consent to being taken away for the purpose of sections 209 to 210 Crimes Act 1961? Explain your answer.
NO
They cannot consent to being taken away (section 210(3) Crimes Act 1961). For the purposes of subsection (1) and (2) it is immaterial whether the offender believes the young person consents, or is taken or goes or is received at his or her own suggestion.
What is the key difference between Migrant Smuggling and People Trafficking?
Migrant smuggling involves a person who has FREELY CONSENTED to be brought into New Zealand
People trafficking involves a person who is brought into New Zealand by means of COERCION OR DECEPTION
The investigative approach options for this crime-type broadly fall into three categories.
What are they?
Reactive investigation;
Proactive investigation
Disruption investigation.
What is the penalty for trafficking people by means of coercion or deception
20 years’ imprisonment or a fine not exceeding $500,000 or both.
Do you need approval from the Attorney General to prosecute for offences under sections
98C and 98D Crimes Act 1961
Yes but you do not need approval to arrest and oppose bail
Wounding with Intent to cause GBH. ingredients
Crimes act 1961 - section 188(1)
Wounding with intent
- With intent to cause GBH
- To any person
- Wounds OR maims OR disfigures OR causes GBH
- To any person
Intent -Commit act, specific result
R v Collister- actions and words before during & after, surrounding circumstances, nature of act
R v Taisalika- nature of blow and gash it produced
To any person
Gender Neutral Accepted by Judicial Notice and Circumstantial Evidence.
Wounds maims disfigures causes GBH definitions and case law
DPP v Smith - GBH
R v Waters - Wounds
R v Rapana & Murray - Disfigures
R v McArthur - Bodily Harm
To any person
Gender Neutral Accepted by Judicial Notice and Circumstantial Evidence.
Wounding with intent to injure - ingredients
Crimes act 1961 - section 188(2)
- With intent to injure any person OR with reckless disregard for the safety of others
- Wounds OR maims OR disfigures OR causes GBH
- To any person
Intent -Commit act, specific result
R v Collister- actions and words before during & after, surrounding circumstances, nature of act
R v Taisalika- nature of blow and gash it produced
Recklessly
R v Cameron - The defendant ought to be aware that his or her actions would bring about the prescribed results in the prescribed circumstances.
R v Tipple - They took a deliberate risk
To any person
Gender Neutral Accepted by Judicial Notice and Circumstantial Evidence.
Wounds maims disfigures causes GBH definitions and case law
DPP v Smith - GBH
R v Waters - Wounds
R v Rapana & Murray - Disfigures
R v McArthur - Bodily Harm
To any person
Gender Neutral Accepted by Judicial Notice and Circumstantial Evidence.
Doctrine of Malice
Even though the harm intended for another individual is accidentally transferred to another, the offender is still criminally liable.
Injuring with intent to cause GBH - ingredients
Crimes act 1961 - section 189(1)
- With intent to cause GBH
- To any person
- Injures
- Any person
Intent -Commit act, specific result
R v Collister- actions and words before during & after, surrounding circumstances, nature of act
R v Taisalika- nature of blow and gash it produced
GBH - DPP v Smith
To any person
Gender Neutral Accepted by Judicial Notice and Circumstantial Evidence.
Injures
R v McArthur - Bodily Harm includes actual hurt and injury, need not be permanent but must be more than trifling
To any person
Gender Neutral Accepted by Judicial Notice and Circumstantial Evidence.
Injuring with intent to injure - Ingredients
Crimes act 1961 - section 189(2)
- With intent to injure any person OR with reckless disregard for the safety of others
- Injures
- Any person
Intent -Commit act, specific result
R v Collister- actions and words before during & after, surrounding circumstances, nature of act
R v Taisalika- nature of blow and gash it produced
Recklessly
R v Cameron - The defendant ought to be aware that his or her actions would bring about the prescribed results in the prescribed circumstances.
R v Tipple - They took a deliberate risk
To any person
Gender Neutral Accepted by Judicial Notice and Circumstantial Evidence.
Injures
R v McArthur - Bodily Harm actual hurt and injury, need not be permanent but must be more than trifling
any person
Gender Neutral Accepted by Judicial Notice and Circumstantial Evidence.
Aggravated wounding - Ingredients
Crimes act 1961 - section 191(1)
- With intent to:
(a) commit or facilitate the commission of any imprisonable offence; or
(b) avoid the detection of himself/herself or of any other person in the commission of any imprisonable offence; or
(c) avoid the arrest or facilitate the flight of himself/herself or of any other person upon the commission or attempted commission of any imprisonable offence -
- Wounds OR
Maims OR
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. - Any person
Intent-commit act, specific result
R v WATI - proof of commission of a crime
R v TIHI - meant to cause or foresaw harm
Wounds, maims, disfigures, gbh, stupefy, renders unconscious, incapable of resistance, definitions
DPP v Smith
R v Waters
R v Rapana & Murray
R v STURM - stupefy
Incapable of resistance - powerlessness of will as well as physically incapacity
Person - Gender Neutral JN/CE
Abduction - ingredients
CA 1961; S208(a-c)
- Unlawfully
- Takes away or detains
- A person
- Without their consent or with consent obtained by fraud or duress
- With intent to:
(a) go through a form of marriage or civil union, or
(b) have sexual connection with the person, or
(c) cause the person to go through a form of marriage or civil union, or to have sexual connection, with some other person
Unlawfully - without lawful justification or excuse
Takes away or detains
R v Crossan - Taking away and detaining are 2 separate and distinct offences
Taking Away - R v Wellard (deprivation of liberty, taking victim away from place they want top be)
Detains - R v Pryce (Keep in confinement or custody)
Person - Gender Neutral JN/CE
Consent - persons conscious and voluntary agreement to something desired or proposed by another
R v Cox (Full Voluntary free and informed)
R v Mohi - the offence is committed at the time of the taking away as long as there is the necessary intent.
Kidnapping - ingredients
CA 1961; S209(a-c)
- Unlawfully
- Takes away or detains
- A person
- Without consent or with consent obtained by fraud or duress
- With intent to:
(a) hold him or her for ransom or to service, or
(b) cause him or her to be confined or imprisoned, or
(c) cause him or her to be sent or taken out of NZ
Unlawfully - without lawful justification or excuse
Takes away or detains
R v Crossan - Taking away and detaining are 2 separate and distinct offences
Taking Away - R v Wellard (deprivation of liberty, taking victim away from place they want top be)
Detains - R v Pryce (Keep in confinement or custody)
Person - Gender Neutral JN/CE
Consent - persons conscious and voluntary agreement to something desired or proposed by another
R v Cox (Full Voluntary free and informed)
R v Mohi - the offence is committed at the time of the taking away as long as there is the necessary intent.
Abduction of a young person under 16 - ingredients
CA1961 S210(1)
- 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
Intent -Commit act, specific result
R v Collister- actions and words before during & after, surrounding circumstances, nature of act
Unlawfully - without lawful justification or excuse
Takes away or detains
R v Crossan - Taking away and detaining are 2 separate and distinct offences
Taking Away - R v Wellard (deprivation of liberty, taking victim away from place they want top be)
Detains - R v Pryce (Keep in confinement or custody)
R v Mohi - the offence is committed at the time of the taking away as long as there is the necessary intent.
YP
R v Forrest & Forrest - the best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
Aggravated assault (Not on law enforcement)
Section 192(1) Crimes Act 1961 (3yrs)
Everyone who 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.
Aggravated assault (On law enforcement)
Section 192(2) Crimes Act 1961 (3yrs)
Every one who
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.
Discharging firearm or doing dangerous act with intent
Section 198 Crimes Act 1961 (14/7yrs)
(1) 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.
(2) Everyone who, with intent to injure, or with reckless disregard for the safety of others, does any of the acts referred to in subsection (1) of this section.
Using any firearm against law enforcement officer, etc
Section 198A Crimes Act 1961 (14/10yrs
(1)
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.
(2)
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.]
Commission of an Imprisonable Offence with firearm
(MUST KNOW)
Section 198B Crimes Act 1961 (10yrs)
(1) 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.
Robbery
(MUST KNOW)
Section 234 Crimes Act 1961 (10yrs)
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.
Theft definition (Dishonestly, without claim of right, takes any property, with intent to deprive the owner permanently of that property)
Dishonestly - without a belief that there was consent
Claim of Right - a belief in a proprietary or possessory right in the property
Takes- moves property
R v Lapier - Robbery is complete instant property is taken.
R v Skivington - Claim of right is a defence to robbery
Possession R v Cox (physical possession and Mental or Knowledge Possession)
Accompanied by Violence
R v Maihi - Nexus between act of stealing and threat of Violence
Peneha v Police- Actions of defendant forcibly interfere with personal freedom.
R v Broughton -Threat, manifestation of an intention to inflict violence.
R v Pacholko - It is the conduct of the accused which has to be assessed
Person - Gender Neutral JN/CE
Extort - obtain by coercion or intimidation
Prevent - Keep from happening
Overcome - Defeat, prevail over
Aggravated robbery
(MUST KNOW)
Section 235 Crimes Act 1961 (14yrs)
(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
GBH - harm that is really serious
DPP v SMITH
(b)
being together with any other person or persons,
robs
any person; or
R v Joyce - 2 persons physically present at time of robbery
R v Galey 2 or more persons having the common intention to used their combined force
(c)
being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument,
robs
any other person.
Being armed with - carrying item or has it readily available
Offensive weapon - article capable of being used for causing bodily injury
R v Bentham - a persons finger is not a thing
Assault with intent to rob
(MUST KNOW)
Section 236 (1) (abc)Crimes Act 1961 (14/7yrs)
(1) WITH INTENT TO ROB ANY PERSON
(a) causes gbh or
(b) being armed with any offensive weapon or instrument or
(c) being together with any other person or persons,
assaults that person or any other person.
(2) Every one who assaults any person with intent to rob that person or any other person is liable.
Blackmail
Section 237(1) Crimes Act 1961 (14yrs)
Threatens
Any person living or dead
By Accusation, disclosure, to damage property or endanger safety
To act in accordance or obtain benefit or cause loss
R v Marshall
Offender believed they were entitled to obtain benefit and cause loss
Threat in the circumstances is a reasonable and proper means to obtain benefit or cause loss
Demanding with intent to steal, etc
Section 239 Crimes Act 1961 (14/7yrs)
(1)
Without claim of right,
By force or 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.
(2) Every one who, with menaces or by any threat, demands any property from any persons with intent to steal it.
Jim goes to a party and takes with his air rifle. He says to a friend wouldn’t it be funny if I shot this into the crowd. His friend says don’t do it people might get hurt. He discharges his high powered air rifle into a crowd. Two females receive serious bleeding head wounds from the bullets and are taken to hospital.
Write a liability for criminal offending (if any) by Jim:
Discharging firearm or doing dangerous act with intent
Section 198(2) Crimes Act 1961. 7yrs
With intent to injure, or
With reckless disregard for the safety of others,
does any of the acts referred to in subsection (1)
(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.
Janine lives in Auckland but wants to go to a chefs school in wellington. John has been wanting Janine to marry his friend son James who lives in Wellington. He takes her to airport under the belief she is going to wellington to go to chefs school but really he is taking her to wellington so she can marry James. John pays for the plane fair and for the taxi to the airport. On the way to the airport Janine’s cousin finds out what is happening and tells her what her dad has planned. She runs away from the taxi.
What if anything is Janine’s dad John liable for. Write liability.
Abduction for purposes of marriage or civil union or sexual connection
Section 208 Crimes Act 1961
Every one is liable to imprisonment for a term not exceeding 14 years who unlawfully takes away or detains a person (P) without P’s consent or with P’s consent obtained by fraud or duress,—
(a) with intent to go through a form of marriage or civil union with P; or
(b) with intent to have sexual connection with P; or
(c) with intent to cause P to go through a form of marriage or civil union, or to have sexual connection, with some other person.
R v Cox - Consent
R v Mohi - Intent
Jane has a cool new iphone. She shows it off to her friends at school. Jasmine decides she wants Janes iphone. She goes up to her and kicks the back of her leg this causes Jane to drop the phone. Jasmine picks up the phone and runs away keeping it for herself.
What if anything is Jasmine liable for. Write liability
Robbery
Section 234(1) Crimes Act 1961
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.
Offender looked in to a house and saw an expensive cat that he wanted to commit a burglary to steal. Using a key he had prior acquired he unlocked the back door and entered the house. The victim was in bed but heard a creak in the floor boards so went out to inspect. She disturbed the offender. The offender saw her and also saw that she was in between him and his closest exit being a door. In order for him to escape he grabbed the victim and tied her hands and feet behind her back and put masking tape across her mouth. As he was leaving he gestured to the victim by running his finger across his throat, which made the victim stop all resistance due to fear… (disregard burglary)
191(1) Aggravated wounding or injury
Every one is liable to imprisonment for a term not exceeding 14 years who with intent—
(c) to avoid the arrest or facilitate the flight o⁹f himself or herself 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.
R v Tihi
R v Wati
R v Crossan
Bubbaganush is part of the sect, he asks his 17 years old daughter, Sahra to accompany him to Auckland to meet other members of the sect. Unbeknown to Sarha, Bubbaganush actually had pre-arranged for Sahra to be sent out of NZ to marry Mr SINGH, the sect elder. Sahra’s brother luckily learns of his fathers plans and stops him at the airport and tells Sahra of her fathers plans. Sahra does not want to marry Mr SINGH or fly anywhere.
208 Abduction for purposes of marriage or civil union or sexual connection
Every one is liable to imprisonment for a term not exceeding 14 years who unlawfully takes away or detains a person (P) without P’s consent or with P’s consent obtained by fraud or duress,—
(c)with intent to cause P to go through a form of marriage or civil union, or to have sexual connection, with some other person.
R v Cox - Consent
R v Mohi - Intent
Sarah went to the petrol station with her friend Jack. When inside Sarah separated from Jack and went to the counter. At the counter she pulled out a length of iron and yelled at the shop assistant to hand over money or she would slash her face. The shop assistant handed over $200 dollars and Sarah ran out of the store with the money. Jack was unaware of what Sarah had done but ran after Sarah.
Sarah is liable for an offence of Aggravated Robbery
235 Aggravated Robbery
Every one is liable to imprisonment for a term not exceeding 14 years who—
(c) being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument, robs any other person.
Jack is not liable as he does not have the required intent or knowledge.
R v Galey states,
“Being together” in the context of s235(b) 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.”
Offensive weapon
Any article capable of being used for causing bodily injury
Johnny is back walking the streets. He sees his ex-girlfriend walking down the road with another man Conan. Unbeknown to Johnny, Conan is his ex’s cousin from Australia who has come to visit. Johnny becomes enraged. He follows them down the street and watches his ex-go into a jewellery shop. Conan waits outside to have a cigarette. Johnny approaches Conan and tells him to fuck off and leave his girlfriend alone or he stab him. Before Conan can explain that he is a cousin Johnny pulls out his knife and stabs Conan in the abdomen 4 times and says that will fuckin teach you before running off down the street.
188 Wounding with intent to cause GBH
(1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to cause grievous bodily harm to any one, wounds, maims, disfigures, or causes grievous bodily harm to any person.
Intent - R v Taisalika
Wounds - R v Waters
By this time Johnny has been identified by Police as the offender for the robbery and wounding, and now has been identified as the offender for stabbing Conan. A city wide Flint has been issued and Police are actively hunting Johnny. In the meantime Johnny has armed himself with a pistol as he knows Conan’s mates are also trying to find him. Sergeant Jackson is on duty in full uniform and driving a marked Police vehicle and spots Johnny walking down the street. He calls out to Johnny who immediately draws his firearm and points it at Sergeant Jackson and tell him to” Fuck off Pig”:. Sergeant Jackson takes cover and Johnny runs away down the street before being apprehended at gunpoint by other police staff.
198A Using any firearm against law enforcement officer, etc
(1) Every one is liable to imprisonment for a term not exceeding 14 years 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 constable or a traffic officer or a prison officer so acting.
R v Swain
R v Taisalika (Must Know)
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.
memory loss due to intoxication is not the same as lack of intent
DPP v Smith (Must Know)
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”.
R v Waters (Must Know)
“A breaking of the skin would be commonly regarded as a characteristic of a wound. The breaking of the skin will be 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.”
R v Rapana and Murray (Must Know)
The word ‘disfigure’ covers “not only permanent damage but also temporary damage”.
R v Donovan (Must Know)
‘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.
Cameron v R (Must Know)
Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.
R v Tihi (must know) 2 Fold
Intent to facilitate COAIO
meant to cause the specified harm, or was reckless.
R v Wati
must be proof of the commission or attempted commission of a crime
person committing the assault
or person whose arrest or flight he intends to facilitate.
R v Pekepo
An intention to shoot that person must be established.
R v Swain
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.
Fisher v R (Must Know)
The accused must know someone was attempting to arrest or detain him.
R v Skivington (Must Know)
Claim of right is a defence to robbery
R v Lapier (Must Know)
Robbery is complete the instant the property is taken,
R v Cox (Possession)
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
R v Maihi (Must Know)
“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.” However the term “does not require that the act of stealing and the threat of violence be contemporaneous …”
Peneha v Police
the actions of the defendant forcibly interfere with personal freedom
R v Joyce
“The Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.” “JOINT ENTERPRISE”
R v Galey (Must Know)
“Being together” in the context of s235(b) 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.”
R v Wellard
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”.
R v Crossan (Must Know)
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.”
R v Pryce (Must Know)
Detaining is an active concept meaning to “keep in confinement or custody”.
R v Cox (Consent)
Consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgment.”
R v Mohi (Must Know)
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.
R v Waaka
Intent may be formed at any time during the taking away.
R v Forrest and Forrest (Must Know)
“The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.”
Sections 188 and 189 of the Crimes Act 1961 both address offenders intent and victims outcome in relation to serious assaults
What is the key difference between the two sections?
Select one:
A
the outcome or injury to the victim.
B
section 188 does not have a ‘reckless’ component.
C
the intent of the offender.
A
the outcome or injury to the victim.
Outline aggravating features for Agg Rob
Before, during or after causes GBH
DPP v Smith
Being together with Person or Persons
R v Joyce
R v Galey
Being armed with an offensive weapon
(Instrument constructed to cause bodily harm)
3 Intents for Abduction
S208
Marriage or Civil Union
Sexual Connection
Marriage or Civil Union or Sexual Connection with someone else
3 Intents for Kidnapping
S209
Ransom or Service
Confinement or Imprisonment
Sent or Taken out of NZ
3 Intents Agg Wounding
Case Law
Commit or facilitate the commission of any imprisonable offence
Avoid detection
Avoid arrest or facillitate flight
R v Tihi
R v Wati
Injurious Substance Definition
A range of things capable of causing harm (Anthrax)
Claim of Right
a belief at the time of the act in a proprietary or
possessory right in property
Property
Includes real and personal property, and any estate or interest in any real or personal property, [money, electricity,] and any debt, and any thing in action,
and any other right or interest
Rendering Incapable
Powerlessness of Will as well as Physical Incapability
Demanding with Intent to Steal
S239 CA1961
(1)
Without COR
By force or threat
Compels any person
to execute,make,accept,endorse,alter or destroy any document
(2)
Menances or by any threat
Demands any property from any person
with intent to steal
Differences between migrant smuggling and people trafficking
Penalty
Migrant smuggling freely consented
People trafficking, brought to NZ by coercion or deception
20yrs $500k
3 Different Investigative approaches for Migrant/People
Reactive
Proactive
Disruptive
Stupefies
Case Law
means to induce a state of stupor, to make stupid, groggy or insensible; to dull the senses or faculties
R V STURM
To stupefy means to cause an effect on the mind or nervous system of a person which really seriously interferes with that persons mental or physical
Additional Circumstantial Evidence
Prior Threats
Premeditation
Use of a Weapon
Body parts targeted
Degree of Force
Weapon of Opportunity
Number of blows
Degree of helplessness
Doctrine of Transferred Malice
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,
Uses a FA against any Law Enforcement
S198A CA1961 14yrs
Uses FA in any manner whatever
against any Constable, Prison or Traffic Officer
Acting in the course of their duty
Knowing that or being reckless that the person is a Constable, Prison or Traffic Officer so acting
Accusation definition
Allegation, immaterial if it is true or false
4 beliefs for Claim of Right
Belief in proprietary or possessory right in property
Belief right in property to which the offence has been committed
Belief must be held at the time of the offence
Belief actually held by defendant
What must be proved for 210(1)
The defendant took,enticed or detained a YP
The taking,enticement or detention was intentional
The taking,enticement or detention was unlawful
The taking,enticement or detention was from a person who had lawful care
The defendant knew the other person had lawful care
It was done with intent to deprive the person who had lawful care of possession of YP
S198 Mens Rea
• intent to do grievous bodily harm
• intent to injure
• reckless disregard for the safety of others.
S198 Actus Rea
• discharging a firearm at a person
• delivering explosives
• setting fire to property
Blackmail Defence
Entitled to obtain benefit or cause loss
The threat in the circumstances is a reasonable and proper means to obtain benefit or cause loss.
Blackmail investigation
(IMCIR)
Initial report
Mobilisation
Consolidation
Investigation
Reactive
