Definitions

Question 1

Theft

Answer 1

S.219 (1) C.A
Dishonestly
without claim of right
takes 
any property
with intent to deprive any owner permanently of that property, or
of any interest in that property

Question 2

Claim of right

Answer 2

Belief at time of act,
proprietary or possessory right in property
in which the offence is alleged
although belief may be based on,
ignorance or mistake

Question 3

Actual Possession

Answer 3

Person actually has the item in their custody or control.

Question 4

Potential Possession

Answer 4

Has the potential to have the thing in question in their control.

Question 5

Property

Answer 5

real or personal property, and
any estate or interest in any real or personal property,
money,
electricity,
and any debt,
and anything in action, and any other right or interest

Question 6

Intent

Answer 6

Two type of intention:

Intention to commit the act

Intention to get a specific result

R v Collister

Question 7

Accompanied by violence

Answer 7

Connection between violence or threats of violence and the stealing of the property.

Must show:

• not only had intent to steal, but also
• violence or threats were used for extorting the property or preventing or overcoming resistance.

R v Maihi

Question 8

Violence

Answer 8

In the context of Robbery:

Must be more than a minimal degree of force and more than a technical assault, but need not involve the infliction of bodily injury.

Matter or fact for determination in each case.

R v Peneha

Question 9

Threats of Violence

Answer 9

Threat:

Generally direct or veiled that violence will be used.

However may also be conveyed by conduct, demeanour and appearance depending on circumstances.

R v Broughton

Question 10

Person

Answer 10

Generally accepted by judicial notice or proved by circumstantial evidence.

Question 11

Used to extort

Answer 11

To obtain by coercion or intimidation.

Implies an overbearing of the will of the victim.

Question 12

Prevent or overcome resistance to it being stolen

Answer 12

Prevent:

• Keep it from happening

Overcome:

• Defeat, prevail over, get better of.

Question 13

At the time of (1)
Immediately (2)
Before (3)
After (4)

Answer 13

(1) At the time of taking with the required intent
(2) refers to the connection between the robbery and the infliction of the GBH. Matter of fact and degree in each case.
(3) connection in time before the item was taken
(4) connection in time after the item was taken

Question 14

Causes GBH to any person

Answer 14

Causes: action person criminally responsible for
GBH: harm that is really serious.

DDP v Smith

Question 15

Being armed

Answer 15

Carrying the items or

has it available for immediate use

Question 16

With any offensive weapon

Answer 16

202A(1) C.A 61

Any article,
Made or altered,
for causing bodily injury, or
intended by the person for such use.

Question 17

Or anything appearing to be such a weapon or instrument

Answer 17

Must be proved:

Object appeared to be an offensive weapon or instrument, and that,
defendant intended or was reckless whether it would be perceived as a weapon.

Does not include a body part.

Question 18

What is the difference between an assault with intent to rob and agg rob

Answer 18

Assault with intent to rob, is essentially a unsuccessful attempt at aggravated robbery,
In that the theft element is not complete.

Question 19

Assault

Answer 19

Act of intentionally applying or attempting to apply force to the person of another,
directly or indirectly,
or threatening by act or gesture to apply force,
if the person making the threat has, or causes the other to believe on reasonable grounds that he has ability to affect his purpose.

Question 20

Intent (S.188 & 189)

Answer 20

Intent to commit the act
Intent to get a specific result

R v Taisalika

Question 21

Injure

Answer 21

Means to cause actual bodily harm.

R v McArthur

Question 22

Wounds

Answer 22

Breaking of the skin, evidenced by the flow of blood, may be external or internal.

R v Waters

Question 23

Maims

Answer 23

Mutilating, crippling or disabling part of the body.

Victim deprived of use of limb or one of the senses.

Needs some degree of permanence.

Question 24

Disfigures

Answer 24

Deform or deface.

Mar or alter the figure or appearance of a person.

R v Rapana & Murray

Question 25

Doctrine of transferred malice

Answer 25

Not necessary person suffering harm, be the intended victim.

Mistaken ID or harm intended for 1 is accidentally inflicted on another, still criminally responsible.

Question 26

Define the differences between the 3 aggravating factors of aggravated Robbery

Answer 26

(a) at the time of immediately before or after “causes GBH to any person”
(b) being together with any other person or persons, robs any person.
(c) Being armed with any offensive weapon or instrument or anything appearing to be a weapon or instrument, robs any person.

Question 27

Dishonestly

Answer 27

done or omitted without a belief that there was consent, or authority for, the act or omission from a person entitled to give such consent or authority

Question 28

How do you prove circumstantial evidence?

Answer 28

Circumstantial evidence from which an offender’s intent may be inferred can include:

• the offender’s actions and words before, during and after the event
• the surrounding circumstances
• the nature of the act itself.

R v Collister

FOR SERIOUS ASSAULT CASES:
• prior threats
• evidence of premeditation
• the use of a weapon
• whether any weapon used was opportunistic or purposely brought
• the number of blows
• the degree of force used
• the body parts targeted by the offender (eg the head)
• the degree of resistance or helplessness of the victim (eg unconscious).

Question 29

What is a psychiatric injury and what does it relate to?

Answer 29

Actual bodily harm can include psychiatric injury, if medical evidence confirms an identifiable clinical condition.

The Court of Appeal cautioned, that mere emotions, such as fear, distress or panic, would not suffice; expert evidence should be called identifying a recognised psychiatric illness.

Question 30

Stupefy

Answer 30

“stupefy” cause an effect on mind or nervous system of a person, interferes with mental or physical ability

Question 31

Difference between “Taking away” and “detains”

Answer 31

“Taking away” generally refers to situations where the victim is physically removed from one place to another.

R v Wellard

“Detaining” is an active concept rather than a passive one. It involves doing something to impose a constraint or restraint on the person detained.

R v Pryce

Question 32

Statutory defence to a charge of Blackmail

Answer 32

S.237 (2) C.A 61

• The offender believed that he/she was entitled to obtain benefit or cause loss.
• The threat in the circumstances is a reasonable and proper means to obtain the benefit or cause loss.

Question 33

Discuss consent in relation to 208-210 and YP

Answer 33

Consent is not a defence to charges under ss 208 - 210, when the person taken is under the age of 16.

S.209A C.A 61 relates.

Question 34

What is the statutory defence for 209-210 and explian

Answer 34

Defence of good faith.

A person who claims a defence of good faith to claiming a YP under 16, cannot be convicted of an offence against section 209-210 because he or she gets the young person.

It lies with the prosecution to negate good faith beyond reasonable doubt.

Question 35

What are the 3 main responsibilities of the NZ Police when a suspected people trafficking case under S98.

Answer 35

Prevention, Protection and Prosecution

Question 36

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?

Answer 36

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.

Question 37

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?

Answer 37

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.

Question 38

What was held in R v Crossan in relation to section 191 Crimes Act 1961

Answer 38

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

Question 39

Section 198(1) Crimes Act 1961, Discharging a firearm with intent to do grievous bodily harm, sets out three offences. Summarise those offences.

Answer 39

Discharging firearm or doing dangerous act with intent
Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to do grievous bodily harm,—
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

Question 40

What was held in R v Skivington?

Answer 40

“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.”

Question 41

What factors elevate the offence of Robbery (section 234 Crimes Act 1961) to Aggravated (section 235 Crimes Act 1961)?

Answer 41

(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

Question 42

Define Claim of Right.

Answer 42

A claim of right, 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 matter of law other than the enactment against which the offence is alleged to have been committed

Question 43

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?

Answer 43

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

Question 44

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.

Answer 44

A “thing” does not include a part of a person’s body.

In 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.

This decision is applicable in New Zealand following Williams v R [2011] NZCA 510 where the Court confirmed, applying R v Bentham [2005] 2 All ER 65, that a person who uses his fingers to simulate the possession of a firearm is not armed with any “thing” and does not commit aggravated robbery.

Question 45

What was held in R v Crossan with regard to “taking away and detaining”?

Answer 45

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.

Question 46

Define Consent as set out in R v Cox.

Answer 46

Consent must be full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgement.

Question 47

List the three intents defined under Kidnapping (section 209(a), (b)and (c) of the Crimes Act 1961).

Answer 47

The three intents are:

(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

Question 48

For a conviction under s210(1) of the Crimes Act 1961 the Crown must prove what?

Answer 48

The defendant took, enticed or detained a person under the age of 16 years;

(d) The taking, enticement or detention was deliberate or intentional;
(e) The taking, enticement or detention was from a person who had lawful care of the young person;
(f) The defendant knew the other person had lawful care of the young person;
(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 or charge of the young person” of possession of that young person.

Question 49

Can a young person consent to being taken away for the purpose of sections 209 to 210 Crimes Act 1961? Explain your answer.

Answer 49

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.

Question 50

What is the key difference between Migrant Smuggling and People Trafficking?

Answer 50

Migrant smuggling involves a person who has freely consented to be brought into New Zealand as an illegal immigrant and is not subjected to coercion or deception.

People trafficking involves a person who is brought into New Zealand by means of coercion and/or deception. People are often trafficked in order to exploit them in the destination country, e.g. as forced labour, for removal of their organs or most commonly, for sexual exploitation.

Question 51

The investigative approach options for this crime-type broadly fall into three categories.
What are they?

Answer 51

Reactive investigation; Proactive investigation and Disruption investigation.

1. Reactive Investigation– Victim Led – Through Victim advising Police of situation or person on behalf of the Victim.
2. Proactive Investigation- Police Led through police investigation and intelligence gathering. Includes identifying, locating suspect. Interviews gathering evidence and completing court proceedings.
3. Disruptive Investigation – The risk to the victim is to great that Police must take immediate action.

Question 52

What is the penalty for trafficking people by means of coercion or deception?

Answer 52

20 years’ imprisonment or a fine not exceeding $500,000 or both.

Question 53

Do you need approval from the Attorney General to prosecute for offences under sections 98C and 98D Crimes Act 1961?

Answer 53

Yes but you do not need approval to arrest and oppose bail.

Question 54

Definitions of “Uses in any manner what ever”.

Answer 54

Range of acts that stop short of actually shooting the officer.

Handle or manipulate the firearm in a manner which shows an implied threat.

Question 55

Injurious substance / device anthrax

Answer 55

• A range of things capable of causing harm to a person for example a letter containing anthrax powder this is mailed to a political target.
• Offence is complete when an injurious substance or device is sent delivered or put in place. Substance must have the capacity to explode or cause injury.

Question 56

What are the intents of blackmail?

Answer 56

(a) to cause the person to whom the threat is made to act in accordance with the will of the person making the threat; and
(b) to obtain any benefit or to cause loss to any other person.

Question 57

What must prosecution prove against someone who abducts a young person under Sec 210(2):

Answer 57

i. The accused received a person under age 16 AND
ii. The receiving was deliberate or intentional AND
iii. The accused knew that the young person had been unlawfully taken, enticed away or detained by another, from a person who had lawful possession of the young person AND
iv. The accused intended by reason of the receiving to deprive the person with lawful care of possession of that young person.

Question 58

Define consent

Answer 58

conscious and voluntary agreement to something desired or proposed by another