1 Flashcards
(142 cards)
1
Q
Robbery
A
Section 234
CA 61
10yrs
- Theft
- Accompanied by violence or threats of violence
- Person or Property
- Extort property stolen or overcome resistance to its being stolen
Theft: - Dishonesty - Claim of right - Defence to claim of right R v Skivington - Taking R v Lapier - Possession R v Cox - Property Accompanied - R v Maihi Violence or threat of violence - Peneha v Police Person Extort Prevent or Overcome
Theft:
Section 219 CA 1961
Dishonestly and without claim of right takes any property with intent to deprive any owner permanently of that property or of any interest in that property
Property Sec 2 CA 1961
Includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and anything in action and any other right or interest.
Dishonestly
In relation to an act or omission, *means done or omitted without a belief that there was *expressed or implied consent to, *or authority for, *the act or omission from a person entitled to give such consent or authority
Proving dishonesty - Comment
Is a state of mind, the fact that the defendant acted without the requisite belief and therefore dishonestly, may be infeered from the circumstances
Claim of Right Sec 2 CA 1961
In relation to any act, means 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, *although that belief may be based on ignorance or mistake of fact or of any other matter of law *other than the enactment against which the offence is alleged to have been committed.
2
Q
Aggravated Robbery
A
Section 235
CA 61
14yrs
a) - Robs
- Any person
- At time or immediately before or after
- Causes GBH to any person
b) - Being together with any other person
- Robs any person
c) - Being armed with any weapon/instrument or appearing to be any weapon/instrument
- Robs any person
- Robbery
- GBH:
DPP v Smith - Together with any person
R v Joyce - Joint enterprise
R v Galey - Armed
- Offensive weapon
3
Q
Assault with Intent to rob
A
Section 236
CA 61
14yrs (1)
- Everyone
- Intent to rob any person
a) causes GBH to person or any other person
b) Being armed with any weapon/instrument or appearing to be any weapon/instrument assaults any person
c) together with any other person assaults any other person
7yrs (2)
- Assaults any person with intent to rob that person
4
Q
Blackmail
A
Section 237
CA 61
14yrs
To prove
- Everyone
- Threatens expressly or by implication to
- Make accusation OR
- Disclose something OR
- Cause serious damage to property OR
- Endanger safety of any person
- Intent to do the will of the person making the threat AND
- Obtain any benefit or cause loss to any person..
Statutory defence:
When the defendant believes in an entitlement to obtain the benefit or to cause the loss AND the threat is objectively viewed as a reasonable and proper means for bringing that about. Up to the jury to decide if threat is reasonable and proper difference between hard bargaining and criminal blackmail
5
Q
Demands to steal
A
Section 239
CA 61
14yrs (1)
- Everyone
- Without claim of right
- By force or with any threat
- Compels any person
- execute, make, accept, endorse, alter, destroy
- Document
- capable of conferring
- Pecuniary advantage
- Intent to obtain any benefit
7yrs (2)
- With menaces or threat,
- demands
- Property
- Any person
- Intent to steal it
6
Q
Abducting for Marriage or Sexual Connection
A
Section 208
CA 61
14yrs
- Everyone
- Unlawfully takes away or detains
- Person
- Without his/her consent OR
- With consent obtained by fraud or duress
a) Intent to marry him/her
b) Intent to have sexual connection
c) Intent to cause him/her to marry or have sexual connection with some other person
To Prove - Took away or detained - Taking/detained was deliberate or intentional - Taking/detained was unlawful - Taking/detained was without consent - Defendant knew there was no consent - Defendant intented to Marry Have sexual connection Cause person to marry or have sexual connection with another person
- Taking away:
R v Wellard - Taking away v Detaining
R v Crossan - Detains
R v Pryce - Consent
R v Cox
Consent definition
- Intent
R v Mohi
R v Waaka
10-15mins = Sufficient to constitute an intrusion. Boyd v R.
7
Q
Kidnapping
A
Section 209
CA 61
14yrs
- Everyone
- Unlawfully takes away or detains
- Person
- Without his/her consent OR
- With consent obtained by fraud or duress
a) Intent to hold him/her for ransom or to service
b) Intent to cause him/her to be confined or imprisoned
c) Intent to cause him/her to be sent or taken out of NZ
To prove:
- Took away or detained
- Taking/detained was deliberate or intentional
- Taking/detained was unlawful
- Taking/detained was without consent
- Defendant knew there was no consent
- Defendant intented to
Hold person to ransom or to service
Cause person to be confined or imprisoned
Cause person to be sent to taken out of NZ
R v M
8
Q
Abduction of young person under 16yrs
A
Section 210
CA 61
7yrs (1)
- Unlawfuly takes, entices or detains YP to deprive parent, guardian or person having lawful care possession of YP.
To prove - 1 :
- Defendant took, detained, entice person under 16yrs
- Taking was deliberate
- From a person who had lawful care
- Defendant knew other person had lawful care
- Taking, enticement, detaining was unlawful
- Done with intent to deprive parent of possession of YP.
7yrs (2)
- Received YP knowing YP was taken, enticed, detained
To prove - 2 :
- Defendant received a YP under 16yrs
- Receiving was deliberate or intentional
- The defendant knew the YP had been taken away etc from a parent etc.
- The defendant intended to deprive a parent etc of having lawful care of the YP.
(3)
- Immaterial is the YP consents
- Immarterial if offender does not know YP is under 16yrs
R v Forrest and Forrest
9
Q
R v Waters - Wound
A
A breaking of the skin, normally evidenced by a flow of blood at the site of the blow or impact, wound will more often than not be external, but can also be internal.
Eg. If offender stabs a victim and the knife penetrates vital organs -GBH but if it misses so that only tissue is cut, this would be more in keeping with an injury
10
Q
Maims - Definition
A
Mutilating, crippling or disabling a part of the body so as to deprive the victim of the use of the limb or one of the senses. Must have some degree of permanence.
11
Q
Disfigures - Definition
A
To deform, deface, mar or altar the appearance of a person R v Rapana and Murray The word disfigure covers not only permanent damage but also temporary damage.
12
Q
DPP v Smith - Grievous Bodily Harm
A
Bodily harm needs no explanation and grievous means no more and no less than really serious.
13
Q
GBH and Immediate harm
A
GBH is not time limited or limited to immediate harm. The connection between cause and effect is a physical (Actus Reus) one.
The focus is on the nature of the consequences, not the nature of the assault.
14
Q
Doctrine of transferred malice
A
It is not necessary that the person suffering the harm was the intended victim. This may have arisen out of mistaken identification or accidental application of force. If the defendant has a mens rea of a particular crime and carries the actus reus of the same crime, he is guilty even though the result may have been unintended.
15
Q
Wounding vs GBH
A
Wounds, maims and disfigures refer to the type of injury. GBH refers to the degree of seriousness.
16
Q
R v Donovan - Actual bodily harm
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 or trifling
17
Q
Injury - Definition
A
Section 2
CA 61
- To cause actual bodily harm.
Actual bodily harm can include psychiatric injury (hysterical or nervous condition), if medical evidence confirms an identifiable clinical condition.
Knocked out teeth = injury not a wound
Bruised arm = Not even an injury
18
Q
R v Taisalika - Proving Intent in serious assault
A
The nature of the blow and the gash which it produced on the complainants head would point strongly to the presence of the necessary intent.
19
Q
R v Strum - Stupefy
A
‘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 ability to act in any way which might hinder the intended crime.
Also include the administration of drugs that has led to dis-inhibition and stimulated uncharacteristic behavour
20
Q
R v Rapana and Murray - Disfigurement
A
The word disfigure cover not only permanent damage but also temporary damage.
21
Q
Renders unconscious - Definition
A
To cause to become. The offenders actions must cause the victim to lose consciousness.
Eg. Blow to the head; carotid hold; noxious substance
22
Q
Violent means - Definition
A
Application of force that physically incapacitates a person. Not limited to physical violence and can include threats of violence, depending on the circumstances.
23
Q
Rendered in capable of resistance - Definition
A
Mere threat may not constitute ‘violent means’ and will depend upon surrounding circumstances. Jury to make that assessment.
24
Q
Assault - Definition
A
Section 2
CA 61
The act of intentional applying or attempting to apply force to the person of another whether directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has or causes the other to believe on reasonable grounds that he or she has the present ability to effect his or her purpose’
25
R v Cox
1) Two types of intents, firstly, there must be an intention to commit the act and secondly, an intention to get a specific result.
2) Intention is a deliberate act, must be more than involuntary or accidental
1) offenders actions and words before, during and after the event
2) The surrounding circumstances
3) The nature of the act itself
Prosecution: Beyond reasonable doubt
26
Proving Intent in Assault cases - 8pts
1) Prior threats made
2) Evidence of premeditation
3) The use of a weapon
4) Whether weapon used was opportunistic or purposely brought
5) Number of blows
6) Degree of force used
7) Body parts targeted
8) Degree of resistance or helplessness of the victim
27
R v Harney - Recklessness
Recklessness is the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the consequence complained of could well happen together with a decision to continue in the course of conduct regardless of the risk.
28
Recklessness - Objective test
It was unreasonable for him to do so (based on whether a reasonable person would have taken the same risk)
29
Recklessness & extent of injury - what needs to be proved
Necessary to prove the defendant foresaw the risk of injury, not necessary that he recognised the extent of the injury that would result.
30
Distinction between 189(1) & 189(2)
Offenders intent, both result in an injury
31
To aggravate
Means to make it worse
32
Criminal liability for someone who assaults with one of the specified intents in 191 (1)(a-c) but victim suffers no harm
Aggravated assault Section 192 C.A.
33
R V Tihi - Two fold test
In addition to one of the specified intents outlined in paragraphs (a), (b) or (c), it must be shown that the offender either
1. meant to cause the specified harm or
2. foresaw that the actions undertaken by him would likely expose others to the risk of suffering it.
34
To facilitate
make possible, or to make easy or easier
35
Avoid detection
Causes specified harm to prevent himself or any other person to be 'caught in the act'.
Eg. look out knocks security guard unconscious to prevent him from walking in on a burglary in progress
36
R v Wati - Facilitate flight
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.
37
R v Pekepo
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.
38
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.
39
Fisher v R
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.
40
R v Skivington
“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.”
41
R v Lapier
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.
42
R v Maihi
“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 ...”
43
Peneha v Police
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”.
44
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.”
45
R v Galey
“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.”
46
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”.
47
R v Crossan
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.”
48
R v Pryce
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.
49
R v Cox
Consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgement.”
50
Mohi
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.
51
R v Waaka
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.
52
R v M
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:
53
R v Forrest and Forrest
“The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.”
54
Section 192 (2) elements to prove
1) Need to prove all elements of an Assault
| 2) Intent to obstruct ..
55
Firearm Section 2 Arms Act 1983
Sec 2 Arms Act 1983 Firearm
a) Means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive and
b) Includes
i) Anything that has been adapted; and
ii) Anything which is not for the time being capable of, but which, by its completion or replacement of any component, or repair of any defect would be a firearm; and
iii) Anything dismantled or partially dismantled; and
iv) Any specially dangerous airgun
56
Airgun Section 2 Arms Act 1983
```
Sec 2 Arms Act 1983 Airgun Includes -
a) Any air rifle; and
b) Any air pistol; and
c) Any weapon from which,
by the use of gas or compressed air, any shot, bullet, missile, or other projectile can be discharged
```
57
Explosive Section 2 Arms Act 1983
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect, Includes: gun powder, gelignite, detonators Does Not Include: Firearms, fireworks
58
Injurious substance or device - Definition
Covers a range of things capable of causing harm to a person; EG a letter containing Anthrax powder that is mailed to a political target. Fitzees fence (R v Fitzgerald) - Barbed wire around gang pad connected to an electric fence unit- must be turned on to cause an injury
59
Completion of offence - Section 198
Although offences under section 198{1)(a) require the actual discharge of a firearm at a person, under section 198(1 ){b) it is not necessary for an explosion to occur; the offence is complete when an explosive or an injurious substance or device is sent, delivered, or put in place. However, the substance must have the capacity to explode or cause injury.
60
Uses in any manner whatever - Comment & Case law
use in relation to a firearm is to fire it, in any manner whatever includes a range of actions that stop short of actually shooting the officer. To present the rifle too is equivalent to or means the same thing
61
Constable
Policing Act 2008 S 4 a police employee who-
a) hold the office of constable (whether appointed as a constable under the Police Ac 1958 or this Act); and
b) includes a constable who holds any level of position within the New Zealand Police.
62
Accompanied by - The prosecution must prove: -
* a connection between the violence or threats of violence and the stealing of the property. -
* The defendant had an intent to steal at the time the violence or threats were used
* The violence or threats were used for the purpose of extorting the property, or preventing or overcoming resistance to it being stolen
63
Violence - Definition in Robbery
In the context of Robbery, violence must be more than a minimal degree of force and more than a technical assault but does not involve the infliction of bodily injury.
64
Together with - Comment
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 robbery.
Mere presence during the commission of robbery, without active particpation is not sufficient.
65
5 Phase investigation for Blackmail
* Initial report
* Mobilisation - staff and investigation options
* Consolidation - strategies and processes set up
* Investigation and operational - key is preserve life
* Reactive
66
Menaces or any threat - Definition
Sufficient if the words convey a threat of something detrimental or unpleasant happening
67
Differences between Migrant Smuggling and Human Trafficking
1. Consent
2. Purpose of travel/movement
3. Relationship between person moved and people enabling the movement
4. Violence, intimidation or coercion
5. Liberty
6. Profit
Migrant smuggling: Freely consented and not subject to coercion or deception.
People trafficking: Coerced or deceived in order to exploit in the destination country.
68
Sets fire to - Definition
Will involve charring, burning, melting, blistering and significant smoke damage.
69
Acting in the course of his or her duty - Definition
The lawful act of a constable while on duty and includes acts done where the circumstances create a professional obligation for a constable to exercise Policing powers.
70
Uses any firearm - Definition
Includes, firing, presenting or displaying it in a menacing manner, but not as a club.
71
Points to consider when ascertaining a threat of violence.
- Age of parties
- Appearance
- Actions (said and done)
- Demeanor
- Physiques
- Manner and setting of incident
72
Extort - Definition
To obtain by violence, coercion, extract forcibly or by intimidation. Involves overcoming the victims will.
73
Overcome - Definition
To defeat, prevail over, to get the better of in conflict.
74
Being armed with - Definition
Carrying or has any item available as a weapon.
75
Offensive weapon - - Definition
Any article made or altered for use for causing bodily injury or intended by the person having it with him for such use.
76
Execute document - Definition
To give validity to (not just signing)
77
Document capable of conferring a pecuniary advantage
A document which provides evidence, information or serves as a record.
78
Demand - Definition
A firm request
79
Consent - Definition
A person conscious and voluntary agreement to do something desired or proposed by another.
80
Consent obtained by Fraud or Dudress - Definitions
Fraud - misrepresentation of facts or intention
| Duress - is obtained from actual or implied threat of force to the victim or another person.
81
Sexual Connection - Definition
Connection effected by the introduction into the anus or genitalia of one person, otherwise than for genuine medical purposes of a part of the body of another person or an object held or manipulated by another person or connection between the mouth or tongue of one person and a part of another persons genitalia or anus or the continuation of connection of a kind described above.
82
Confinement - Definition
Restricting a persons persons movement to a geographical area but also exercising control and influence over them.
83
Entice - Definition
Tempt, persuade, attract by arousing hope or desire.
84
Exploit - Section 98(D)4 - Definition
- To cause or to have caused that person
- By any act of deception or coercion
- To be involved in;
Prostitution or other sexual services
Slavery, forced labour or similar services
Removal of organs
85
Investigative approach - People Trafficking.
- Reactive: Victim lead
- Proactive: Police lead
- Disruptive: Immediate response
86
Wounding with intent to cause GBH
```
Wounding with intent to cause GBH
Section 188(1), CA61
14yrs
```
- Everyone
- Intent
- cause GBH
- Wounds, maims, disfigures or causes GBH
- to any person
```
Person
Intent
Cox
To prove intent
Taisalika
DPP v Smith
Waters
Rapana and Murray
Any Person
```
87
Wounding with Intent to Injure
Wounding with Intent to Injure
Section 188(2), CA61
7yrs
- Everyone
- Intent
- to Injure or with reckless disregard for the safety of others
- Wounds, maims, disfigures or causes GBH
- any person
```
Person
Intent
Cox
To prove intent
Donovan
Harney
Taisalika
DPP v Smith
Waters
Rapana and Murray
Any Person
```
88
Injuring with Intent to cause GBH
Injuring with Intent to cause GBH
Section 189(1), CA61
10yrs
- Everyone
- Intent
- Wound, maim, cause GBH to any person
- Injures any person
```
Person
Intent
Cox
To prove intent
Taisalika
DPP v Smith
Waters
Rapana and Murray
Donovan
Person
```
89
Injuring with Intent to Injure
Injuring with Intent to Injure
Section 189(2), CA61
5yrs
- Everyone
- Intent
- Injure or with reckless disregard for the safety of others
- Injures any person
```
Person
Intent
Cox
To prove intent
Donovan
Harney
Person
```
90
Aggravated Wounding
Aggravated Wounding
Section 191(1), CA61
14yrs
- Everyone
- Intent
- a) Commit or facilitate the commission of any imprisonable offence
- b) Avoid detection of himself or any other person in the commission of any imprisonable offence
- c) Avoid arrest facilitate flight of himself or any other person in the commission of any imprisonable offence.
- Wounds, maims, disfigures, causes GBH, renders unconscious or renders incapable of resistance
- Any person
```
Aggravate
Intent
Cox
Prove Intent
Taisalika
a) facilitate,
b) Avoid detection
c) Avoid arrest
imprisonable offence
Tihi
Wati
Waters
Maims
Rapana and Murray
DPP v Smith
Renders unconscious
Renderson incapable of resistance.
Person
```
91
Aggravated Injuring
Aggravated Injuring
Section 191(2), CA61
7yrs
- Everyone
- Intent
- a) Commit or facilitate the commission of any imprisonable offence
- b) Avoid detection of himself or any other person in the commission of any imprisonable offence
- c) Avoid arrest facilitate flight of himself or any other person in the commission of any imprisonable offence.
- Injures
- Any person
```
Aggravate
Intent
Cox
Prove Intent
Taisalika
a) facilitate,
b) Avoid detection
c) Avoid arrest
Imprisonable offence
Tihi
Wati
Person
```
92
Aggravated Assault
Aggravated Assault
Section 192(1), CA61
3yrs
- Everyone
- Intent
- a) Commit or facilitate the commission of any imprisonable offence
- b) Avoid detection of himself or any other person in the commission of any imprisonable offence
- c) Avoid arrest facilitate flight of himself or any other person in the commission of any imprisonable offence.
- Assaults
- Any person
```
Person
Intent
Cox
To prove
Taisalika
Facilitate
Imprisonable offence
Avoid detection
Avoid arrest or facilitate flight
Assault
Person
```
93
Aggravated Assault
Aggravated Assault
Section 192(2), CA61
3yrs
- Everyone
- Assaults
- Police constable or person aiding Police constable or person executing any lawful process
- Intent
- Obstruction
- Person
Assault:
- Intention to apply or attempt to apply force
- applied or attempted to apply directly or indirectly
- threat to apply force in circumstances where the victim believes person will carry out threat.
Intent:
To obstruct Police officer, person aiding or person executing lawful process
94
Discharging firearm or doing a dangerous act with intent to GBH
```
Discharging firearm or doing a dangerous act with intent to GBH
Section 198(1), CA61
14yrs
```
- Everyone
- Intent
- GBH
- a) Discharges any firearm, airgun or other similar weapon
- b) Sends or delivers to puts in any place any explosive or injurious substance or device
- c) Sets fire to any property
```
Person
Intent
Cox
To prove intent
GBH
Discharge
Firearm, airgun
Pekepo
Explosive, injurious substance
Sets fire
Property
```
95
Discharging firearm or doing a dangerous act with intent to GBH
```
Discharging firearm or doing a dangerous act with intent to GBH
Section 198(2), CA61
7yrs
```
- Everyone
- Intent
- Injure or with reckless disregard for the safety of others
- a) Discharges any firearm, airgun or other similar weapon
- b) Sends or delivers to puts in any place any explosive or injurious substance or device
- c) Sets fire to any property
```
Person
Intent
Cox
To prove intent
Injures
Donovan
Discharge
Firearm, airgun
Pekepo
Explosive, injurious substance
Sets fire
Property
```
96
Elements of Section 198A(1).
Using any firearm against law enforcement officer
Section 198A(1), CA61
14yrs
- Everyone
- Uses any firearm
- In any manner whatever
- against any constable, traffic or prison officer
- acting in course of his/her duty
- knowing or being reckless as to whether or not person is a constable, traffic or prison officer
```
Person
Firearm
In any manner
Police officer
Course of duty
Intent
Swain
Knowing
Reckless
Harney
```
97
Elements of Section 198A(2).
Uses firearm against a law enforcement officer
Section 198A(2), CA61
10yrs
- Everyone
- Uses any firearm
- In any manner whatever
- Intent
- Resist lawful arrest or detention
- himself/herself/any other person
Swain
Fisher
98
Commission of an imprisonable offence with a firearm
Commission of an imprisonable offence with a firearm
Section 198B, CA61
10yrs
1) .
- Everyone
- a) In committing any imprisonable offence uses any firearm.
- b) while committing any imprisonable offence has any firearm on him in circumstance which prima facie show an intention to use it in connection with that imprisonable offence.
99
What is an accusation
An allegation that the person is guilty of criminal conduct
100
Obtain
To obtain or retain for himself, herself or some other person
101
Pecuniary advantage
An economic advantage, financial gain, benefit or enhancement of a person financial position
102
Privilege
A special right or advantage
103
Unlawfully
Without lawful justification, authority or excuse
104
Taken away
Situation where the victim is physically removed from one place to another.
105
Blackmail: To prove
Identity of the suspect and that they threatened either expressly or by implication to;
- Make any accusation against any person
- Disclose something about any person
- Cause serious property damage
- Endanger safety of any person
With intent to make the person do the will of the person making the threat and
Obtain any benefit or cause any loss to any person
106
Execute
To give validity to the document
107
Document
Is a thing that provides evidence or information or serves as a record.
108
Marriage
Solemnised in accordance with the provisions of the Marriage Act 1955.
109
Definitions of Ransom and Service
Ransom: A sum of money demanded to be paid for the release of a person held captive.
Service: A servant or slave
110
Definitions of Receives and Knowing
To physically receive a person and
Knowing or correctly believing something. A person may believe something that is wrong but can not know something that is not true.
111
Police response to People trafficking and Migrant smuggling.
Prevention, Protection and Prosecution.
112
Recklessness
To prove:
1. Defendant consciously and deliberately ran a risk
2. The risk was unreasonable to take in the circumstances.
It is necessary to prove the defendant foresaw the risk of injury to others, not necessary that he recognised the extent of the injury that would result.
113
Definition - Has with him
There must be evidence that the defendant not only;
1. had possession in the sense he knowingly had custody or control of the firearm but also;
2. Had it on hand to use while committing the imprisonable offence.
Mere possession is insufficient.
114
Section 188(1)+(2) both relate to wounding. Explain the difference in Intent?
Intent to cause GBH = Section 1
Intent to Injure or with reckless disregard for the safety of others = Section 2
115
Discuss the delay of consequence in GBH and Immediate harm.
The connection is between cause and effect not of time. All that needs to be proved is the Actus Reus of Intent.
116
What is the two fold test in R v TIHI
Along with one of the other Intents in paragraphs a, b or c the person must have either;
1. Intended to facilitate the commission of an offence and
2. Intended to cause harm or was reckless with his actions.
117
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Reggie = Father
Jeremy = Son
O.T = Having lawful custody of Jeremy.
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Reggie takes son and goes on holiday.
Abduction Young Person Under 16yrs
Section 210(1), CA61
7yrs
- Everyone
- Unlawfully takes away, detains or entices
- Young person Under 16yrs
- Intent
- Deprive any
- Parent, guardian, personb having care or possession of the
- Young person
118
What 3x features change Robbery to an Aggravated Robbery
a) At the time or immediately before or after the event causes GBH to any person.
b) Being together with any person or persons robs any person.
c) Being armed with any weapons or instrument or anything appearing to be a weapon or instrument robs any person.
119
What was found in R v TAISALIKA
Defence argued that because he could not remember the incident he could not have had intent. The courts determined just because he couldnt remember the incident does not mean he didnt have intent at the time. The nature of the injury points to the presence of intent.
120
What is an injurious substance.
A substance or device designed for the purpose of causing bodily injury or harm. The device/substance does not have to be activated but does need to be functional.
I.e Anthrax sent in the mail, hard wired metal fence to an electrical power source.
121
Who determines what a threat is?
The jury
122
What was held in R v Skivington
Theft is an essential element of Robbery. If a man honestly believes he has a claim to property then that negates the element of theft. The offence would not be complete.
123
Explain the term "Has a firearm with him"?
The offender must not only have the firearm physically on him but also under his custody and control.
124
Claim of Right. 4x Points
1. A belief in a proprietary or possessory right in property.
2. The property must relate to the offence committed.
3. Belief was held at the time of the alleged conduct.
4. Belief was actually held by the defendant.
125
Dishonesty is a state of mind, how can it be inferred?
Can be inferred from the circumstances.
126
What are the intents in Section 209.
1. To hold to ransom or to service
2. To cause in confinement or custody.
3. To cause to be sent/taken from NZ.
127
Describe Taking Away and Detaining
Taking away and Detaining are two separate and distinct offences. The Prosecutions should determine which or each offence in its case.
128
Sally the cleaner for an old lady. One day Sally sees the old lady has money in her bank account and demands her bank card and pin number. Sally gets arrested on her way to the ATM.
Demands to Steal
Section 239(1), CA61
14yrs
- Everyone
- Without claim of right
- By force or coercion
- Compels
- Person
- Execute, endorse, make, alter, accept or destroy
- Document
- Capable of conferring
- Pecuniary advantage
- Intent
- Obtain any benefit
129
What the differences between Migrant smuggling and People trafficking?
Migrant smuggling: The people freely consent to travel.
People smuggling: Involves travel under threat or coercion.
130
Section 189(1) + (2) have the same outcome. What is the difference in Subsection (1).
No allowance for recklessness.
131
Dave goes shopping and only pays for half his shopping. Security attempt to stop Dave who uses a rolling pin to hit the security guard on the head. The security guard get knocked out. Dave leaves in his car.
Aggravated Wounding.
Section 191 (1)(c), CA61
14yrs
- Everyone
- Aggravate
- Intent
- Avoid
- Arrest or facilitate flight of himself or any other person
- Committing or facilitating the
- Commission of any imprisonable offence
- Renders unconscious
132
What outcome needs to be proved in Section 188(2)?.
An intention to injure or with reckless disregard for the safety of others but as a result wounds, maims, disfigures or causes GBH to any person.
133
In relation to intent and outcome in Section 188(1)+(2) what best describes what is said.
The outcome is the same but the intent is different.
134
A person causes GBH if they are criminally liable. Describe was that means?
GBH refers to the degree of harm rather than how it was caused.
135
What needs to be proved in Injuring with Reckless disregard in Section 189(2).
That the offender
1. consciously and deliberate decision to take an unjustified risk and
They do not need to know to what extent an injury could be caused, just know that the risk posed of persons being injured existed.
136
Robbie and Maria are in a relationship
Maria has a 5yr old daughter Rose
After an argument Robbie takes Rose and hides her in a shed at a neighbouring property. What offence has been committed.
Kidnapping
Section 209(b), CA61
14yrs
Robbie is liable
2x charges;
1. Taking Away
2. Detaining
137
Jake sees Billy playing on his iPhone
Jake wants to buy one
Jake tells Billy to give him the phone or else he'll bash him.
Billy gives Jake the phone then Billy runs away.
What offence has been committed?
Assault
138
Statement on Taking away and Detaining
Taking away and Detaining are two separate and distinct offence. The prosecution should specify which one or both offences have been alleged.
139
Circumstantial evidence can be used to identify an offenders intent. What are the 3x areas.
1. Words and actions said and done before, during and after the event.
2. Nature of the act itself
3. Surrounding circumstances.
140
What are the 3x occasions in Section 198, CA61.
1. Discharges a firearm at any person
2. Sends or delivers to any person or puts in any place any device or injurious substance.
3. Sets fire to any property
141
R v Collister
Demand need not be expressed but can be implied from conduct and circumstances.
142
R v Williams
Intends to or really wants to.
