Definitions and Case Law

Question 1

Intent

Answer 1

Two specific types an intention to commit the act and secondly, an intention to get a specific result.

Question 2

Assault

Answer 2

Means the act of intentionally applying force or attempting to apply force.

Question 3

R v Collister

Answer 3

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

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

Question 4

R v Taisalika

Answer 4

Intent

The nature of the blow and the gash which it produced woud point strongly to the presence of the necessary intent.

Question 5

Grevious Bodily Harm

Answer 5

Harm that is really serious.

Question 6

DPP v Smith

Answer 6

Bodily Harm needs no explanation and grevious means no more and no less than really serisous harm.

Question 7

R v Waters

Answer 7

Wounds

A breaking of the skin evidenced by a flow of blood both internal and external.

Question 8

Maiming

Answer 8

Mutilating, crippling or disabling a part of the body so as to deprive the victim of the use of a limb or of one of the senses … needs to be some degree of permanence.

Question 9

Disfigures

Answer 9

To deform or deface to or alter the figure or appearance of a person.

Question 10

R v Rapana and Murray

Answer 10

Disfigures.

The word ‘disfigure covers not only permanent damage but also temporary damage’.

Question 11

The Doctrine of Transferred Malice

Answer 11

Where the defendant mistakes the identity of the person injured where harm intended for one person is accidentally inflicted on another, he is still criminally responsible, under the Doctrine of Transferred Malice despite the wrong target being struck.

Question 12

Injure

Answer 12

To injure means to cause actual bodily harm.

Question 13

Recklessness

Answer 13

Acting “recklessly” involves conciously and deliberatley taking an unjustifiable risk.

It must be proved not only that the defendant was aware of the risk and proceeded regardless (a subjective test), but also it was unreasonable for him to do so (an objective test).

Question 14

Camerson v R

Answer 14

Recklessness established if:

The Defendant recognised that there was a real possiblity that his or her actions would bring about the proscribed result and or that the proscribed circumstances existed.

Having regards to that risk those actions were unreasonable.

Question 15

R v Tihi

Answer 15

Aggravated Wounding

In addition to one of the specific intents outlined in paragraphs (a), (b) or (c ), it must be shown that the offender either meant to cause the specified harm, or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it.

Question 16

R v Wati

Answer 16

Aggravated Wounding

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.

Question 17

Stupefies

Answer 17

Means to induce a state of stupor, to make stupid , groggy or insensible; to dull the senses or facuties.

Question 18

R v Pekepo

Answer 18

Reckless Discharge

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.

Question 19

Discharge

Answer 19

To fire or shoot

Question 20

Firearm

Answer 20

Firearm acts by force or explosive, where an airgun act by force of compressed air or gas.

Question 21

Property

Answer 21

Property 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.

Question 22

R v Mcarthur

Answer 22

Injures

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 be more than transitory and trifliing.

Question 23

R v Swain

Answer 23

To deliberately or purposefully 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 Section 198A Crimes Act 1961.

Question 24

Constable

Answer 24

Holds the office of Constable and includes a Constable who holds any level of position within the New Zealand Police.

Question 25

Simester and Brookbanks

Answer 25

Knowledge Knowing means knowing and correctly believing the defendant may believe something wrongly but cannot know something that is false.

Question 26

Fisher v R

Answer 26

It is necessary in the 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.

Question 27

Imprisonable Offence

Answer 27

Any offence which is punishable by a term of imprisonment.

Question 28

R v Cox Possession

Answer 28

Possession Involves two elements both physcial and mental

Question 29

Robbery

Answer 29

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.

Question 30

Theft

Answer 30

Dishonestly, and without claim of right takes any property with intent to deprive the owner permanently of that property.

Question 31

Dishonestly

Answer 31

Done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to such consent or authority.

Question 32

Claim of Right

Answer 32

Belief at the time of the act in proprietary or possessory right in property in relation to which the offence is alleged to have been committed.

Question 33

R v Skivington

Answer 33

Claim of right is a defence to robbery.

Question 34

R v Lapier

Answer 34

Robbery is complete the instant the property is taken, even if possession by the theif is only momentary.

Question 35

R v Peat

Answer 35

The immediate return of the goods by the robber does not the purge the offence.

Question 36

R v Maihi

Answer 36

There must be a nexus between the act of stealing and a threat of violence. Do not need to be contemporaneous.

Question 37

Peneha v Police

Answer 37

Violence The actions of the defendant must forcibly interere with personal freedom.

Question 38

R v Broughton

Answer 38

The threat may be direct or veiled. It may be conveyed by words or conduct, or a combination of both.

Question 39

R v Pacholko

Answer 39

The conduct of the accused must be assessed rather than the nerves of the victim.

Question 40

Extort

Answer 40

To obtain by coercion or intimidation

Question 41

Prevent

Answer 41

To keep from happening.

Question 42

Overcome

Answer 42

To defeat; to prevail over; to get the better of in a conflict.

Question 43

R v Wells

Answer 43

There is no requirement that the harm be inflicted on the victim of the robbery, thus infliction of harm to a person seeking to prevent the escape of the offender would come within the section.

Question 44

R v Joyce

Answer 44

Together with At least two persons were physically present at the time the robbery was committed or the assault occurred.

Question 45

R v Galey

Answer 45

Together with Two or more persons having the common intention to use their combined force.

Question 46

Being Armed With

Answer 46

Defendant is carrying the item or has it available for immediate use as a weapon.

Question 47

Offensive Weapon

Answer 47

Any article made or altered for use for the causing bodily injury, or intended by the person having it with him for such use.

Question 48

R v Bentham

Answer 48

Whats is possessed must be under the definition be a thing. A persons hand or fingers are not a thing.

Question 49

Being together with

Answer 49

Physcial Proximity and Joint Enterprise

Question 50

Blackmail

Answer 50

Threatens, communication of the threat or accusation or disclosure or threats to damage property or endanger person obtains benefit or pecuniary advantage or privlege or valuable consideration or property.

Question 51

What must be proven for Blackmail

Answer 51

Threatened expressly or by implication: Make any accusation against any person or dislcose something about any person or endager the safety of any person and that the suspect intended to: Cause the person to whom the threat is made to act in accordance with the will of the person making the threat and obtain any Benefit or to cause loss to any other person

Question 52

Demanding with intent to steal

Answer 52

Without claim of right, by force or with any 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.

Question 53

Unlawfully

Answer 53

Without lawful justification or excuse.

Question 54

R v Wellard

Answer 54

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.

Question 55

R v Crossan

Answer 55

Taking away and detaining are seperate and distinct offences.

Question 56

R v Pryce

Answer 56

Detaining is an active concept meaning to keep in confinement or custody.

Question 57

Consent

Answer 57

Consent is a person's concious and voluntary agreement to something desired or proposed by another.

Question 58

R v Cox Consent

Answer 58

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

Question 59

R v Crossan (By any violent means)

Answer 59

Incapable of resisitance includes a powerlessness of the will as well as a physical capacity

Question 60

Section 209A, Crimes Act 1961

Answer 60

For the purposed of sections 208 and 209, a person under the age of 16 years cannot consent to being taken away or dtained.

Question 61

Consent obtained by fraud

Answer 61

deceive the victim into agreeing to a proposition by misrepresenting the facts or their intentions.

Question 62

Consent obtained by duress

Answer 62

Acquiesce to an offenders demands based on fear of the consequences if they refuse.

Question 63

R v Mohi

Answer 63

The offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent.

Question 64

Section 210A, Crimes Act 1961

Answer 64

A person who claims in good faith a right to the possession of a young person under the age of 16 years cannot be convicted of an offence against section 209 or section 210 because he of she gets possession of the young person.

Question 65

Ransom

Answer 65

A ransom is a sum of money demanded or paid for the release of a person being held captive.

Question 66

Confine

Answer 66

Confining a person can include restricting their movements to within a geographical area, but also has wider meaning that includes curtailing their activity and exercising control and influence over them.

Question 67

Imprison

Answer 67

To imprison a person meansto put them in prison, or to confine them as if in prison.

Question 68

Section 210, Crimes Act 1961

Answer 68

It is immaterial whether the young person consents, or is taken or goes or is received at his or her own suggestion and it is immadterial whether the offender believes the young person to be of or over the ages of 16.

Question 69

R v Forrest and Forrest

Answer 69

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.

Question 70

R v Chartrand

Answer 70

Whether the defendant may have had an innocent motive, or intended to interfere with possession for a very short period of time is beside the point. It is not necessary to prove the accused intended a permanent deprivation.

Question 71

Knowledge

Answer 71

The offender must know the young person they are receiving has been abducted.

Question 72

AP Simester and WJ Brookbanks

Answer 72

Knowing means knowing or correctly believing. the defendant may believe something wrongly, but cannot know something is false.

Question 73

R v Waaka

Answer 73

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.

Question 74

R v M

Answer 74

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.

Question 75

Migrant Smuggling

Answer 75

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.

Question 76

People Trafficking

Answer 76

Involves a person who is brought into New Zealand by means of coercion or deception.

Question 77

Investigation approaches to MS and PT

Answer 77

Reactive Investigation Proactive Investigation Disruptive Investigation