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CIB Modules > Violence Offences -Wounding & Firearms Offences > Flashcards

Violence Offences -Wounding & Firearms Offences Flashcards

1
Q

What is the mens rea element of S.198A?

A

The offender must know, or be reckless to the fact, that the person they are presenting the firearm at is a Police Constable and that they are acting in the course of their duty

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2
Q

What was held R v Taisalika in relation to being intoxicated

A

“The loss of memory of past events is not a lack of intent at the time”

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3
Q

List the elements, section and penalty for Commission of an Imprisonable Offence with Firearm

A

S.198B CA1961
10yrs Imprisonment

(a) In committing any imprisonable offence uses any firearm
(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

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4
Q

Define: Injure

A

To injure is to cause actual bodily harm as defined in S. 2 CA196

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5
Q

What was held in R v Fisher in relation to S.198A(2)

A

The Crown must prove that the accused knew that someone was attempting to arrest or detain them in order to prove the mens rea element of the offence; resisting lawful detention or arrest”

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6
Q

Define ‘Stupefy’

A

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 anyway which might hinder an intended crime

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7
Q

What was held in R v Swain in relation to S.198A

A

“The removal of a sawn-off shotgun from a bag after being confronted by a Constable amounts to a use as listed in S.198A”

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8
Q

List the elements and section for Injuring with Intent (Reckless Disregard)

A

Injuring with Intent
S.189 (2) CA1961 -5 years Imprisonment

-With intent to injure (or) with reckless disregard for the safety of others
-Injures
Any person

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9
Q

What was held in R v Rapana & Murray?

A

“The word disfigures covers not only permanent damage but also temporary damage”

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10
Q

What was held in R v Wati in relation to S.191

A

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

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11
Q

List the elements and section for Injuring with Intent

A

Injuring with Intent
S.189 (1) CA1961 -10 years Imprisonment

-With intent to cause GBH
-To any person
-Injures
-Any person

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12
Q

List the elements and penalty for S.198A(2)

A

10 Yrs Imprisonment
-Uses any firearm in any manner whatever
-With intent to resist lawful arrest or detention of himself/herself or some other person

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13
Q

Discuss the difference between wounding & GBH

A

Wounds, maims, and disfigures refer to the actual physical injury sustained by the victim, whereas GBH refers to the seriousness of the harm suffered by the victim

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14
Q

What was held in Police v Parker in relation to using a firearm?

A

Court found that to ‘use in any manner whatever’ was to contemplate a use of the firearm that stopped short of actually firing it but involved the presentation of it. This could include uses of the firearm in ways in which they aren’t normally used i.e. as a club

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15
Q

When is an offence against S.198(1)(b) complete?

A

When the explosive device is sent, delivered or put in place. There is no need for an actual explosion to occur, however, the device must be capable of exploding.

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16
Q

What was held in R v Collister in relation to intent?

A

“Circumstantial evidence from which an offenders intent can be inferred include; their actions and words before, during and after the incident. The surrounding circumstances and the nature of the act itself”

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17
Q

Discuss the two types of Intent?

A

There is intention to commit the act

(And)

There is an intention to get a specific result

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18
Q

Define: Wound

A

“A breaking of the skin evidenced by the flow of blood” (R v Waters)

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19
Q

What was held in R v Taisalika in regard to intent?

A

“The nature of the blow and the gash which it produced would point strongly to the presence of the necessary intent”

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20
Q

Discuss the two types of intention involved in criminal offences

A

There must be an intention to commit the act and an intention to get a specific result

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21
Q

What must be proved in relation to the firearm for a charge under S.198B

A

Must prove that there was knowledge on the part of the accused of their possession of the firearm and that it was available and at hand at the time of the commission of the imprisonable offence

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22
Q

List the elements, section, and penalty for Using Firearm Agaistn Law Enforcement

A

S.198A CA1961
14yrs Imprisonment

-Uses any firearm in any manner whatever
-Against any Constable
-Acting in the course of his or her duty
-Knowing or being reckless as to whether or not the person is a Constable so acting

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23
Q

Define: Maim

A

“To deprive someone of the use of a limb or one of their senses with some degree of permanence”

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24
Q

Discuss the differences between S.188 subsection (1) and (2)

A

In S.188 the difference between the two subsections is the offenders intent. In both subsections the outcome is the causing of GBH to the victim but the intention or mens rea elements are different.

In S.188(1) the offender intends to cause GBH to the person

In 188(2) the offender only intends to injure the victim.

Subsection (2) also allows for circumstances where the offender has shown ‘reckless disregard for the safety others’ and caused GBH

25
Q

What is the definition of a pistol?

A

Any firearm that is designed to be held and fired with one hand and any firearm that is less than 762mm in length

26
Q

What was held in R v Pekopo in relation to S. 198 (1)

A

“A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is insufficient proof. An intention to shoot that person must be established”

27
Q

Discuss the differences between S.188 subsection (1) and (2)

A

In S.188 the difference between the two subsections is the offenders intent. In both subsections the outcome is the causing of GBH to the victim but the intention or mens rea elements are different.

In S.188(1) the offender intends to cause GBH to the person

In 188(2) the offender only intends to injure the victim.

Subsection (2) also allows for circumstances where the offender has shown ‘reckless disregard for the safety others’ and caused GBH

28
Q

List the elements and section for Wounding With Intent (Reckless Disregard)

A

Wounding with Intent
S.188 (2) -7 Years Imprisonment

-With intent to injure any person (or) with reckless disregard for the safety of others
-Wounds, maims, disfigures or causes GBH
-To any person

29
Q

What was held in R v Tihi in relation S.191

A

“It must be shown that an offender either meant to cause the specified harm or foresaw that their actions were likely to expose others to the risk of suffering it”

30
Q

Define: Doctrine of Transferred Malice

A

The doctrine of transferred malice states that the person who received the actual bodily harm need not be the intended victim for the offender to be held liable. Where the defendant mistakes the identity of the person injured or the harm intended is accidentally inflicted on someone else, they are still criminally liable.

31
Q

What is an injurious substance

A

A range of items capable of causing harm to a person e.g. Anthrax or boiling water

32
Q

What is the difference between S.191 subsection (1) & (2)

A

Both subsections require proof of one of the specified intents:

-intent to commit or facilitate an imprisonable offence
-intent to avoid detection of themselves or someone else during the commission of an imprisonable offence
-intent to avoid the arrest or facilitate the escape of themselves or someone else having committed an imprisonable offence

The differences in subsections is that in (1) the person causes GBH to any person whereas in subsection (2) they only injure them

33
Q

List the elements and section for Wounding with Intent

A

Wounding with Intent
S. 188 (1) CA1961 -14yrs Imprisonment

-With intent to cause GBH
-To any person
-Wounds, maims, disfigures or causes GBH
-To any person

34
Q

What may constitute circumstantial evidence that may assist in proving an offenders intent?

A
  • Prior threats
  • Evidence of premeditation
  • Use of a weapon & whether or not is was opportunistic or brought for that purpose
  • Number of blows
  • Degree of force used
  • Body parts targeted by offender
  • Degree of resistance or helplessness of the victim (e.g. unconscious)
35
Q

List the elements and section for Aggravated Wounding

A

Aggravated Wounding
S. 191 (1) CA1961 -14 years imprisonment

-With intent:

a) To commit or facilitate the commission of an imprisonable offence
b) To avoid the detection of himself or of any other person in the commission of an imprisonable offence
c) To avoid arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of an imprisonable offence

-Wounds, maims, 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

36
Q

Define facilitate

A

To make possible or easy/easier

37
Q

What must be proved by the Crown in matters of recklessness?

A

That not only was the defendant aware of the risk and proceeded regardless (subjective), but also that it was unreasonable for them to do so (objective)

38
Q

What was held in R v Cameron?

A

“Recklessness is established if:

-The defendant recognised the real possibility that their actions would bring about the proscribed result
-The proscribed circumstances existed (and)
-Having regard for that risk their actions were unreasonable”

39
Q

Define: Recklessness

A

The conscious and deliberate taking a of an unjustified risk

40
Q

Define firearm

A

Anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive; (and)

Anything that can be adapted to do the above (or)

Anything that is currently dis-assembled but if reassembled is capable of doing the above

41
Q

What did the Court say about psychiatric injury

A

That psychiatric injury may amount to ‘bodily harm’, but does not include mere emotions such as distress, fear, anxiety and panic.

The bodily harm should amount to an identifiable clinical condition, for which an expert would be required to give evidence to prove.

42
Q

Define: Grievous bodily harm

A

“Harm that is no more and no less than really serious” (DPP v SMITH)

43
Q

What is the key difference between S.188(1) and S.188(2)?

A

The difference between the offences is the intent.

In S.188(1) the intent of the offender is to cause GBH, whereas in S.188(2) the intent is to injure

44
Q

Define: Disfigures

A

“ To deform or deface, to mar or alter the figure or physical appearance of a person, need not be permanent” (R v Rapana & Murray)

45
Q

List the elements, section and penalty for the Commission of an Imprisonable Offence with a Firearm

A

S.198B CA1961
10yrs Imprisonment

(a) In committing any imprisonable offence uses any firearm
(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

46
Q

What are the three different intent elements in S.191 Aggravated Wounding?

A
  1. An intent to commit or facilitate the commission of an imprisonable offence
  2. An intent to avoid the arrest or detection of themselves or somebody else during the commission of an imprisonable offence
  3. An intent to avoid the arrest or facilitate the escape of themselves or someone else during the commission of an imprisonable offence
47
Q

Discuss the differences between S.189 subsection (1) & (2)

A

In S.189 subsection (1) the offender intends to cause GBH but only injures the victim.

In S.189 subsection (2) the offender only intends to injure the victim and DOES injure the victim. Subsection (2) also allows for the injury to be caused by the defendant being reckless as to the safety of others

48
Q

What is the two fold intent test for S.191 Aggravated Wounding

A
  1. The defendant must have intended to commit or facilitate the commission of an imprisonable offence or one of the intents referred to in (a) (b) (c)
  2. They must have intended to cause the specified harm or been reckless as to that risk
49
Q

Who must the firearm be used against for a charge under S.198A(2)?

A

There is no specific person that the firearm has to be used against to prove this charge. What must be proven is that the use of the firearm was done so to avoid/resist their lawful arrest or detention.

50
Q

List the elements and section for Dangerous Act With Intent

A

S.198 (1) CA1961
14yrs Imprisonment

With intent to cause GBH
(a) Discharges any firearm, airgun or similar at any person
(b) Send or delivers to any person, or puts in place any explosive or injurious substance or device
(c) Sets fire to any property

51
Q

Define violent means

A

The application of force that physically incapacitates a person. Is not limited to just physical violence and may include threats of violence depending on the circumstances

52
Q

Define: Bodily harm

A

“Any hurt or injury that interferes with the health or comfort of a person, it need not be permanent but must be more than merely trifling or transitory” (R v Donovan)

53
Q

Define ‘Police Constable’

A

A person who holds the office of Constable
Includes a Constable who holds any level of position with the NZ Police

54
Q

What are some examples of an officer acting unlawfully ‘in the course of his/her duty’

A

Using excessive force during an arrest
Trespassing on private property

55
Q

What must the offender know for a charge under S.198A

A

That the victim was a Police officer AND that they were acting in the course of his or her duty (or) be reckless as to those facts

56
Q

Define ‘Military Style Semi Automatic Firearm’

A

A semi automatic firearm with:
(i) a folding or telescopic butt-stock
(ii) a magazine designed to hold 0.22 rimfire cartirdges that;

57
Q

Define ‘Military Style Semi Automatic Firearm’

A

A semi automatic firearm with:
(i) a folding or telescopic butt-stock
(ii) a magazine designed to hold 0.22 rim fire cartridges that;
(a) is capable of holding more than 15 cartridges
(b) is detachable and by its appearance is capable of holding more than 15 cartridges

58
Q

Define ‘Restricted Weapon’

A

Any weapon, whether firearm or not, declared by the Governor General to be a restricted weapon

CIB Modules (12 decks)

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