010 - Violence Flashcards
(113 cards)
1
Q
Liability: wounding with intent to GBH?
A
188(1)
- with Intent to cause GBH to anyone
- WMD, wounds maims disfigures or causes GBH
- to any person
2
Q
Liability: wounding with intent to injure?
A
188(2)
-with Intent injure/reckless disregard
- WMD, wounds maims disfigures or causes GBH
- to any person
3
Q
What is intent?
A
Am intention to commit the act (deliberate act) and intention to get a specific result
4
Q
Case law: R v COLLISTER
A
Intent can be inferred from the circumstances
- words/actions before during or after the offence
- Surrounding circumstances
- nature of the act itself
5
Q
What circumstantial evidences eve may assist to prove intent?
(Re assaults)
A
- prior threats
- premeditation
- weapon use (brought opportunistic)
- number of blows
- degree of force
- body parts hit
- helplessness of victim
6
Q
Case law: R v TAISALIKA
A
“Nature blow and gash”
The nature of the blow and gash it produced point strongly to the necessary intent
7
Q
Case law: DPP v SMITH
A
DDP - fucked up GBH
Bodily harm needs no explanation and grievous means no more and no less than really serious
8
Q
Can bodily harm include psychiatric injury?
A
May include psychiatric injury but does not include mere emotions such as fear distress or panic
Injury should amount to an identifiable
“Owen v residential health management unit”
9
Q
Case Law: R v WATERS?
A
Water = wound
Break in the continuity of the skin as evidence by the flow of blood may be internal
10
Q
Maiming?
A
Mutilating, crippling or disabling a body part so as to deprive the victim of the use of a limb or a sense with some degree of permanence
11
Q
Disfigure?
A
To deform or deface or mar and alter the figure of a person. Need not be permanent
12
Q
CASE LAW: R v RAPANA AND MURRAY
A
“RAPANA aka ROPATA DISFIGURE”
Disfigure covers not only permanent damage but also temporary damage
13
Q
Doctrine of transferred malice?
A
Not necessary person harmed is victim. harm intended for one and accidentally inflicted on another the offender is still criminally liable
14
Q
Sec 2 - To injure
A
Means to cause actual bodily harm
15
Q
Case law : R MCARTHUR
A
McArthur-ahhhh the sword hurt me
Bodily harm includes any hurt or injury that interferes with the health/comfort of victim and more than trifling
16
Q
Define acting recklessly?
A
Consciously and deliberately taking an unjustifiable risk
17
Q
2 stage subjective and objective test of recklessness under CAMERON v R?
A
Subjectively:
actions bring proscribed result
AND
Objectively:
actions objectively unreasonable
18
Q
Under recklessness is it necessary to recognise the extent of the injury at risk?
A
No, only foresaw the risk of injury, not necessary to recognise the extent of the injury that actually resulted
19
Q
Liability: injuring with intent to GBH
A
189(1)
- with intent to cause GBH to anyone
- injured
- another person
20
Q
Liability: Injuring with intent to injure
A
189(2)
- with intent to injure anyone/reckless disregard
- injured
- Any person
21
Q
Liability: aggravated wounding
A
191(1) a-b-c
1- with intent to
2- commit/facilitate imprisonable offence OR
Avoid detection of himself/any person in commission of imprisonable offence OR
Avoid arrest or facilitate flight of himself or other upon commission or attempt of imprisonable offence
3- WMD GBH any person
OR stupefies or renders any person unconscious OR
By any violent means renders any person incapable of resistance
22
Q
Liability: Aggravated injuring
A
191(2) a-b-c
1- with intent to
2- commit/facilitate imprisonable offence OR
Avoid detection of himself/any person in commission of imprisonable offence OR
Avoid arrest or facilitate flight of himself or other upon commission or attempt of imprisonable offence
3- Injures any person
23
Q
Case law: R v TIHI
A
“ Tee hee hee, Aggravated intent”
In addition to a specific intent from paragraph a, b or c the offender meant to cause the specified harm or was reckless to that risk
24
Q
What does facilitate mean in terms of one of the elements in an aggravated wounding charge?
A
To make possible or to make easier
25
Case law: R v WATI
“Waati - whatever prove the crime”
Must be proof of crime or attempt by person committing assault or by person whose arrest or flight they intend to facilitate
26
What does the term
Violent means include in an aggravated wounding charge?
It may include the threats of violence
27
Liability: aggravated assault
192 (1) a-b-c
1- assaults another person with intent to
2-
commit/facilitate imprisonable offence OR
Avoid detection of himself/any person in commission of imprisonable offence
OR
Avoid arrest or facilitate flight of himself or other upon commission or attempt of imprisonable offence
28
Liability: discharge firearm with intent GBH
198 (1)(a)
- with intent to GBH
- discharges any firearm/airgun/similar weapon
- at any person
29
Case law: R v PEKEPO
“Pew pew intent” 198(1)(a)
A reckless discharge of a firearm in a general direction of a passer by who gets hit is not sufficient an intention to shoot that person must be established
30
Define a firearm?
Anything from which a shot/bullet/missile/projectile can be discharged by force of explosive. Includes anything capable by adaption, replacement or repair, a dismantled firearm or dangerous airgun
31
Define an air gun?
Any air rifle or pistol or any weapon which by use of gas/compressed air any shot or bullet or projectile can be discharged
32
Sec 2- Define property?
Includes any real or personal property
33
Liability: Using firearm (any manna) against law enforcement officer
198A(1)
1- uses any FA any manner whatever
2- against any constable
3- acting in course of duty
4- knowing that OR being reckless person is a constable
34
Liability: Uses firearm (any manna) against law enforcement officer - Resists
198A(2)
1- uses any FA any manner whatever
2- with intent resist lawful arrest/detention of himself or other person
35
Uses in any manner whatever
handling/manipulating to convey implied threat of further use
36
Case law: R v SWAIN
“Swain Swing a shotty”
removing a sawn off shotgun from bag after confronted by police is a use of FA
37
Re any manner whatever what is contemplated?
A situation short of actually firing the weapon but includes presenting
38
Section 198A - Acting in the course of duty meaning?
Includes every lawful acts constable does while on duty and include acts done from professional obligation off duty.
39
Case law: FISHER v R
Fisher- Matt fisher knows we outside to arrest him -198A(2)
Necessary to prove that the accused knew someone was attempting to arrest or detain him otherwise mens rea of intent to resist arrest fails
40
Liability: commission of an imprisonable offence with a firearm
198B(1)(a)
1- in committing any imprisonable offence
2- uses any firearm
41
Liability: commission of imprisonable offence with firearm (Prima facie intent)
198B(1)(b)
1- while committing any imprisonable offence
2- has any FA with him
3- circumstances Prima facie show intention to use it in connection with that imprisonable offence
42
Has with him - expand the mens rea of this
(Firearms related)
Knowingly has firearm with him
43
Re a firearm define physical element of possession?
Physics custody or control over the item.
Actual and potential possession
44
Define actual and potential possession?
Actual= thing in persons physical custody/control
Potential= potential to have the thing in their control
45
Prima facie?
At first appearance OR
Sufficient to establish intent in absence to contrary
46
Components that make a F/A a MSSA?
Semi auto and 1 of following:
- folding/telescopic butt
- mag for .22 Rimfire and capable of holding more than 15 rounds
- bayonet lugs
- Flash suppressor
47
Pistol
Any firearm designed or adapted to be held with one hand included any firearm less than 762mm length
48
Restricted weapon?
Any weapon declared by Gov General to be so
49
Section 66 arms act?
Reverse onus
Every person in occupation of land or a driver of a car on which any F/A etc found shall deemed to be in possession of it unless he proves its not his property and was in possession of another
50
Liability: Robbery
234
1- theft
2- accompanied by violence/threats of violence
3- to any person/property
4- used to extort the property stolen or prevent/overcome resistance to its being stolen
51
Theft definition
Dishonest taking and absence of claim
Of right and intention that the owner is permanently deprived of the property
52
Dishonestly definition
Without belief in express or implied consent from person entitled to give such
53
Claim of right definition?
Belief in proprietary or possessory right
(may be based on ignorance or mistake)
54
Case law: R v SKIVINGTON
“Skive off theft claim right defence”
Theft is an element of robbery and if the honest belief that a defendant has a claim of right is a defence then it negates an element and the offence is not made out
55
Taking definition? (When complete)
“Think Richard Mann at mitre 10 - fucken crown”
Complete the moment the item is moved with intent to steal it
56
Case law: R v LAPIER
Robbery complete instant property taken even if possession is momentary
57
Case law: R v COX (possession)
Possession involves 2 elements, 1st the physical element is actual or potential physical custody/control, the 2nd the mental element is a combo of knowledge and intention, knowledge substance is in their possession and an intention to exercise possession
58
Proving possession?
(Firearms)
Proof of a physical element and a mental element
59
Control - in relation to property
Means to exercise authoritative or dominating influence over it
60
Case law: R v MAIHI
“MAIHI and MAHI are connected violence nexus”
Must be a nexus between the act of stealing and a threat of violence, both must be present.
61
Violence at the time of the theft that constitute a robbery, does the violence or threat have to be proximate to the taking?
No, a threat with the necessary intent may have a continuing effect still operating on the victims mind
62
Case law: PENEHA v POLICE
“Forcibly (peneha/penetrate) interfere freedom”
(Applies to violence part of robbery)
actions of def forcibly interfere with personal freedom, producing a powerful effect tending to cause bodily injury or discomfort
63
What is a threat of violence?
The manifestation of an intention To inflict violence unless property handed over conveyed by words/conduct and directly or indirectly
64
Factors the court will consider of conduct that amounts to a threat of violence?
Ages
Physiques
Appearance
Demeanour
Said and done by offenders
Manner and setting
65
Extort?
Obtain by violence or intimidation
66
Prevent and overcome?
“Prevent or overcome resistance element of robbery”
Prevent- keep from happening
Overcome- to defeat
67
Liability: Aggravated robbery (GBH)
235(a)
- robs any person
- at time of/immediately before or after robbery
- causes GBH to any person
68
Liability: Aggravated robbery (2G4)
235(b)
- being together with any other person/s
- robs any person
69
Liability: Aggravated robbery (weapon)
235(c)
- being armed with any offensive weapon/thing appearing to be such weapon
- robs any person
70
Case law: R v JOYCE
“Joyce = joint 2 or more ppl”
The crown must establish that 2 or more persons were physically present at time of robbery or assault
71
Case law: R v GALEY
“Donald GALEY big tough guy together with”
2 or more persons having the intent to use their combined force to commit the offence
72
Liability: assault with intent to rob (GBH)
236(1)(a)
- with intent to rob any person
- causes GBH to that person or another
73
Liability: assault with intent to rob (weapon)
236(1)(b)
- with intent to rob any person
- being armed with any offensive weapon
- assaults that person or another
74
Liability: assault with intent to rob (2G4)
236(1)(c)
- with intent to rob any person
- being together with any other person
- assaults that person
75
Assault def?
Intentionally or attempting to apply force directly or indirectly to a person of another
76
Liability: blackmail
237(1)(a)(b)
- threatens expressly or by implication
- to make any accusation against any person OR to disclose something OR cause serious damage to property/endanger the safety of any person
- with intent
- to cause the person to whom the threat is made to act in accordance with the will of person making threat AND
- to obtain any benefit or cause loss to another
77
Disclosure definition? (Blackmail)
Info that would cause serious embarrassment or emotional distress
78
Obtain definition? (Blackmail)
To obtain or retain for himself or another
79
Pecuniary advantage? (Blackmail)
Enhancing a persons financial position
80
Benefit- what does this include under 237 for a blackmail charge or a 239 charge?
Any benefit, pecuniary advantage, privilege, property, service or valuable consideration
81
Privilege? (Blackmail)
Special right or advantage
82
Valuable consideration?
Money or Moneys worth
83
Statutory defence to blackmail?
237(2)
Def believed they were entitled to obtain benefit and objectively viewed the threat made was reasonable and proper for obtaining the benefit
84
Liability: Demanding with intent to steal?
239(1)
- W/o 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
85
“Liability: Demands with menace?
239(2)
- with menaces or by threat
- demands any property from any persons
- with intent to steal it
86
Document definition?
A thing which provides evidence or info and serves as a record
87
Liability: Abduction
208 (a) or (b) or (c)
-unlawfully
- takes away or detains
- a person
- without persons consent or with consent obtained by fraud or duress
- with intent to
a) go through marriage with person
b) to have sexual connection with person
c) cause person go through marriage or sexual connection with some other person
88
Unlawfully? (Kidnap definition)
w/o lawful justification authority or excuse
89
Taking away?
Physically removed from one place to another
90
Case law: R v WELLARD
WELLARD = essence
The essence of kidnapping is the deprivation of liberty coupled with carrying the victim away from where they want to be
91
Case law: R v CROSSAN
(Kidnaps)
CROOOOOS= seperate and distinct
Taking away and detaining are seperate and distinct offences. The 1st consists of taking victim away the 2nd of detaining her
92
Detains def?
An active concept to impose a constraint/restraint on person
93
Case law: R v PRYCE
“Price of custody”
Detaining is an active concept to keep in confinement or custody
94
Case law: R v COX
(Consent)
Consent must be full free voluntary and informed, greet and voluntarily given by a person in a position to form a rational judgement
95
Case law: R v MOHI
MOHI and MAHI = work complete
Offence complete once period detention or a taking accompanied by necessary intent
96
Case law: R v WAAKA
“WAAKA = intent anytime”
Intent may be formed at any time during the taking away
97
Liability: Kidnapping
209 (a/b/c)
1- unlawfully
2- takes away/detains
3- a person
4- without their consent or obtained by fraud/duress
5- with intent to
a) Hold for ransom
b) Cause be confined/imprisoned
c) Cause taken or sent out of nz
98
Case law: R v M
“Intent take/no consent”
(Kidnapping)
Must prove intended to take or detain and knew complainant not consenting
99
Ransom?
Sum of money demanded/paid for release of person held captive
100
Confining or confined?
curtail movement and exercise control over them
101
Imprisoned?
Put in prison, Has a narrower meaning than confine
102
Liability: abduction young person
210(1)
1- with intent deprive parent of the possession of a young person
2- unlawfully
3- takes/entices/detains
4- The young person
103
Liability: receiving a young person
210(2)
- receives a young person
- knowing they have been unlawfully taken/enticed/detained
- with intent to deprive a parent of possession of them
104
Case law: R v Forrest and Forrest
Crown must adduce the best evidence possible in order to prove a victims age
105
Is consent a defence to any kidnap or abduction charge for a person under 16?
Immaterial whether a young person consents
106
Smuggling penalty?
20 years
107
Is attorney general authorisation required to charge for smuggling or trafficking?
Yes
108
3 investigative approaches to trafficking?
Reactive - victim led
Proactive - police led
Disruptive - demands immediate response
109
List some Differences between migrant smuggling and trafficking offences?
Consent
Purpose of travel
Relationships between offender/vic
Violence/intimidation/coercion
Liberty
Profit
110
CAMERON v R
Recklessness
Recognising real possibility actions would bring a proscribed result and actions were unreasonable
111
Case law: R v CROSSAN
(Agg wound)
“Crooooos”
Incapable resistance includes powerlessness of will + a physical inability
112
Consent definition?
Persons conscious and voluntary Gary agreement to something proposed or desired by another
113
“A persons hand or fingers are not a thing” relates to what case law?
R v BENTHAM
