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.
