Definitions / Legislation Flashcards
(94 cards)
1
Q
Document
A
S217 CA1961 Any paper or material capable of being read, any photograph, or device where information is recorded temporarily or permanently, any material by means of which information is supplied
R v Misic
2
Q
Obtain
A
S217 CA1961 In relation to any person, means obtain or retain for himself or herself or for any other person
3
Q
Intent to deprive owner permanently
A
S219(2) CA1961 The property cannot be returned to any owner in the same condition, or any owner is likely to be permanently deprived of the property or of any interest in the property
4
Q
Person
A
A gender neutral offence, the fact that the victim is a “person” is generally accepted by judicial notice or proved by circumstantial evidence.
5
Q
Extort
A
to obtain by coercion or intimidation
6
Q
Prevent
A
To keep from happening
7
Q
Overcome
A
To defeat; prevail over; to get the better of in a conflict
8
Q
At the time of - robbery
A
Where violence has been used to extort the property stolen, or to prevent or overcome resistance, has resulted in really serious harm to the person assaulted
9
Q
Immediately before or after - robbery
A
Connection in time between the robbery and the infliction of GBH.
10
Q
Causes (GBH)
A
In context of GBH, a person ‘causes’ GBH where a persons actions make him or her criminally responsible for it.
11
Q
GBH
A
Really serious harm
12
Q
OFFENSIVE WEAPON
INSTRUMENT
A
OFFENSIVE WEAPON
Any article made or altered for use for causing bodily injury. S202A CA1961
INSTRUMENT
Any item intended to be used as a weapon or to intimidate and overbear the victims will to resist.
13
Q
Assault
A
S2 CA1961 assault means the act of intentionally applying or attempting to apply force to the person of another, 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, present ability to effect his or her purpose
- DIRECT ASSAULT
- INDIRECT ASSAULT
- CONDITIONAL ASSAULT
- TRANSFERRED MALICE
14
Q
Evidential material
A
S3 S&S2012 evidential material, in relation to an offence or a suspected offence, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence
15
Q
Interception device
A
S3 S&S2012 interception device— (a) means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to intercept or record a private communication (including a telecommunication)
16
Q
Private premises
A
S3 S&S2012 private premises means a private dwellinghouse, a marae, and any other premises that are not within the definition of non-private premises
17
Q
Trespass surveillance
A
S3 S&S2012 trespass surveillance means surveillance that involves trespass to land or trespass to goods
18
Q
Unlawfully at large
A
S3 S&S2012 In relation to a person, means that the person: - has an arrest warrant in force (excluding fines warrants) - has escaped from prison or is absent without leave - has escaped from lawful custody, e.g. Police cells or a police car - is a special patient or a restricted patient and has escaped or has failed to return from leave - is a care recipient or special care recipient (with an intellectual disability) and has escaped or has failed to return from leave - is a “young person” who is the subject of a Youth Court “Supervision with residence” order and they are absconding from CYFS custody.
19
Q
Arms
A
Any firearm, airgun, pistol, restricted weapon, imitation firearm or explosive (as defined in S2 CA1961), or any ammunition
20
Q
Curtilage
A
A legal term to define the land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated ‘open fields beyond’. It defines the boundary within which a home owner can have a reasonable expectation of privacy and where ‘common home activities’ take place.
21
Q
Non-private premises
A
premises, or part of a premises, to which members of the public are frequently permitted to have access, and includes any part of a hospital, bus station, railway station, airport or shop.
22
Q
Private activity
A
Means activity that, in circumstances, any 1 or more of the participants ought to expect is observed or recorded by no one except the participants
23
Q
Surveillance device
A
Means a device that is any 1 or more of the following kinds of devices: a) an interception device: b) a tracking device c) a visual surveillance device
24
Q
Visual surveillance device
A
visual surveillance device— (a) means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to observe, or to observe and record, a private activity; but (b) does not include spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision
25
What is the concept of title? Refresh yourself.
What is the concept of title? Refresh yourself.
26
Subjective/Objective tests
Subjective: What was the complainant thinking at the time? Was she consenting?
Subjective: If she wasnt consenting, did the offender believe she was consenting?
Objective: What would a reasonable person believe if placed in the same position as the Defendant?
27
UNLAWFULLY
TAKING AWAY
DETAINED
UNLAWFULLY
Without lawful justification, authority or excuse.
TAKING AWAY
Generally refers to situations where the victim is physically moved/removed from one place to another. This can be by deception.
DETAINED
An active concept rather than a passive one. Involves doing something to impose a constraint or restraint on a person detained. E.g locking a door
R v Pryce
28
Appreciation / GSMEAC
29
SOA & CA Assault section/elements
Types of assault
S9 SOA1981
S196 CA1961
Assaults
Another person
Types:
Direct assault
Indirect assault
Conditional assault
Transferred malice
30
Section 209A CA1961
Young person under 16 cannot consent to being taken away or detained. (For purposes of S208 & 209)
31
Section 210(3)(a) CA1961
Section 210(3)(b) CA1961
Section 210(3)(a) CA196
Immaterial whether the young person consents, or is taken or goes or received at own suggestion. (In relation to S210 CA1961)
Section 210(3)(b) CA1961
Immaterial whether the offencer believes the young person to be of or over the age of 16. (In relation to S210 CA1961)
32
Section 127 CA1971
There is no presumption of law that a person is incapable of sexual connection because of his or her age.
33
Section 210A CA1961
A person who claims in good faith a right to the possession of a young person under 16 yrs cannot be convicted of S209 or S210 because he or she gets possession of the young person.
of note: A parent may commit an offence uner 210 in respect of their own child. Example: if a court order is in place.
34
Section 268 CA1961
Attempted Arson
Section 268 CA1961
Attempts to commit arson in respect of
Any immovable property OR any vehicle OR ship OR aicraft
10 yrs imp
35
Of note re evolution of the offence
- Innocent agents
- Withdrawal
- Principal / secondary offenders
Innocent agents cannot be convicted as a secondary party.
Withdrawal can happen if all reasonable steps, notice of withdrawal by words or actions, unequivocal withdrawal has happened before the offence committed. However, withdrawl of an agreement is still guilty of conspiracy. A person can effectively withdraw before an agreement is made.
There may be more than one principal offender, given they contribute to actus reus.
Secondary must intend their actions and have knowledge of essential matters that makes a pincipal offenders actions an offence.
36
INTENT
INTENT
Intention to commit act
Intention to get a specific result
(Deliberate act or omission, result being an aim, object or purpose)
R v Collister
Proving intent:
- offender actions and words before/during/after event
- surrounding circs
- nature of act itself
- prior threats
- evidence of premeditation
- use of a weapon
- whether the weapon was opportunistic or with purpose
- the number of blows
- degree of force used
- body part(s) targeted
- degree of resistance or helplessness of victim (e.g. unconscious)
37
Specified drug amounts
Heroin
Cocaine
Lysergide (LSD)
Meth
MDMA (Ecstacy)
Cannabis resin
Cannabis extract (Oil)
Cannabis plant
Heroin = 0.5 grams
Cocaine = 0.5 grams
Lysergide (LSD) = 2.5 grams, 25 flakes or tablets etc
Meth = 5 grams
MDMA (Ecstacy) = 5 grams, 100 flakes or tablets etc
Cannabis resin = 5 grams
Cannabis extract (Oil) = 5 grams
Cannabis plant = 28 grams or 100 cigarettes
38
Standard of proof
Prosection: Must prove BEYOND REASONABLE DOUBT & dispute common law defences
Exception to this rule is STRICT LIABILITY OFEENCES - only need to prove actus reus, not mens rea.
The defendant must then prove 'total adsence of fault'
If an absolute liability offence, the defendant is liable regardless of fault.
....
Defence: Prove REASONABLE DOUBT
39
Mens Rea
Actus Reus
The presence of the guilty mind
The act
Behaviour such as:
- Failure to act (omission)
- Acting a particular way
- Brought about state of affairs
- A voluntary conduct occurring while the person had the requisite mens rea
40
'But for'
Intervening act
Of note rule
'But for' is a casual link or chain of causation. The offence wouldnt have happened 'but for' the persons actions
An intervening act will not generally break the casual link / chain of causation.
Defendants must 'take their victims as they find them'
(Punch to head which wouldnt normally kill someone, vic has weak bones so is extra screwed and dies)
41
New Zealand Bill of Right Act 1990
S25(c)
The minimum right to be presumed innocent until proven guilty.
42
Statutory defences
Common law defences
Statutory defences:
- INFANCY (S21 CA1961)
- DEFENCE OF SELF OR ANOTHER (S48 CA1961)
- DEFENCE OF PROPERTY (S52-S54 CA1961)
- INSANITY (S23 CA1961)
- COMPULSION (S24 CA1961)
Common law defences:
- IMPOSSIBILITY (beyond control)
- NECESSITY (choice between two evils)
- CONSENT
- INTOXICATION (forming mens rea)
- MISTAKE
- SANE AUTOMATISM (sleep walking)
43
AFCO
44
ACT
OMISSION
ACT
To take action or do something to bring about a particular result.
OMISSION
The action of excluding or leaving out someone or something, a failure to fulfil a moral or legal obligation.
45
INCITE
COUNSEL
PROCURE
AID
ABET
INCITE
Rouse, stir-up, stimulate, animate, urge or spur on a person.
COUNSEL
Advising a person on how best to commit an offence.
PROCURE
Setting out to see that it happens.
AID
To assits
ABET
To encourage
46
Section 67 CA1961
Conspiracy between spouses.
A person is capable of conspiring with his or her spouse or civil union partner and any other person.
47
RECEIVES
COMFORTS
ASSISTS
TAMPERS WITH EVIDENCE
ACTIVELY SUPPRESSING EVIDENCE
RECEIVES
Harbouring an offender, offering them shelter.
COMFORTS
Provides offender with things, food, clothing.
ASSISTS
Provides transport, look-out, giving advice e.g. materials and services.
TAMPERS WITH EVIDENCE
To alter evidence against offender e.g. delete texts
ACTIVELY SUPPRESSING EVIDENCE
Concealing, destroying evidence. e.g repeatedly washing bloody clothing.
48
DISHONESTLY
CLAIM OF RIGHT
PROPERTY
TAKING
DISHONESTLY
Act or omission without belief that there was express or implied consent, authority given by a person entitled to give such consent or authority.
CLAIM OF RIGHT
In relation to any act means a belief at the time of the act in a propietary or possessory right in property in relation to the offence.
PROPERTY
Includes real and personal property and any estate or interest in any real or personal property. S2 CA1961
TAKING
For tangible property, when the offender moves the property or causes it to be moved. S219 CA1961
49
UNLAWFUL ACT
OWNERSHIP
POSSESSION
CONTROL
UNLAWFUL ACT
Breach of any act, regulation, rule or bylaw. S2 CA1961
OWNERSHIP
At the time of theft person has possession, control of, interest in or the right to take possession or control of. S218 CA1961
POSSESSION
R v Cox
CONTROL
Means to exercise authoritative or dominating influence over it.
50
EXPLOSIVE
FIREARM
AIRGUN
DISCHARGE
PROHIBITED FIREARM
EXPLOSIVE
Any substance/mixture/combination of substances which in normal state decomposition rapidly result in explosion/pyrotechnic effect. S2 Arms Act 1983
FIREARM
Anything from which any shot, bullet, missile, other projectile can be discharged by force of explosive.
- can be adapted to...
- not capable now but with replacement of component/completion/correction/repair can...
- anything currently partially / is dismantled.
- any specially dangerous airgun
S2 Arms Act 1983
AIRGUN
Includes any:
- air rifle
- air pistol
- any weapon from which, by use of gas or compressed air, any shot, bullet, missile can be discharged. S2 Arms Act 1983
DISCHARGE
To discharge in this context means "to fire or shoot"
PROHIBITED FIREARM
Semi-automatic... S2A ARMS ACT 1983
51
Section 4 VRA 2002
YOUNG PERSON
CHILD
Young person is of or over the age of 14 years but under 18 years.
A child is under the age of 14 years.
52
CONSENT
A persons consent is the conscious and voluntary agreement to something desired or proposed by another.
&
R v Cox
53
CONSENT OBTAINED BY FRAUD
CONSENT OBTAINED BY DURESS
CONSENT OBTAINED BY FRAUD
Offender deceives the victim into agreeing into a proposition by misrepresenting facts or their intentions. (LIES)
CONSENT OBTAINED BY DURESS
A victim may acquiesce to an offenders demands based on fear of consequences if they refuse. (Overbearing the will of the victim)
Acquiesce means to accept something reluctantly but without protest.
54
SEXUAL CONNECTION
S2 CA1961
(a) connection effected by the introduction INTO the genitalia or anus of one person, otherwise than for genuine medical purposes, of—
(i) a part of the body of another person; (Eg.. Fingers) or
(ii) an object held or manipulated by another person; (E.g. Bottle) or
(b) connection between the mouth or tongue of one person and a part of another person's genitalia or anus; (E.g. Oral sex) or
(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b). (E.g withdrawn consent)
Section 2, Crimes Act 1961
55
MARRIAGE
CIVIL UNION
MARRIAGE
To engage in a marriage solemnised in accordance with the provisions of the Marriage Act 1955.
CIVIL UNION
Legally recognised union with rights similar to marriage.
56
HOLD FOR RANSOM
SERVICE
CAUSE
HOLD FOR RANSOM
A ransom is a sum of money demanded or paid for the release of a person being held captive.
SERVICE
Relates to situations where the offenders intent is to keep the victim as a servant or slave.
CAUSE
Not necessarily directly effected by the offender themselves.
57
CONFINED
IMPRISONED
CONFINED
Restricting a persons movements to within a geographical area. (Area)
IMPRISONED
To put a person in prison or to confine them as if in prison. (Small space)
58
SENT
TAKEN
ENTICE
SENT
Victim leaves NZ by themselves under duress.
TAKEN
Victim in company or custody of a person accompanying them out of NZ.
ENTICE
To tempt, persuade or attract by arousing hope or desire.
59
RECKLESS
The conscious and deliberate taking of an unjustified risk.
Cameron v R
R v Tipple
Proving recklessness:
Offender recognised there was a real possibility that:
- his/her actions would bring about proscribed result
- that the circs existed
- having regard to that risk those actions were unjustified
60
WOUNDS
MAIMS
DISFIGURES
TO INJURE
ACTUAL BODILY HARM
WOUNDS
A breaking of the skin evidenced by flow of blood. R v Waters (e.g. stab wound)
MAIMS
Depriving another of the use of such of his members. Needs to be some degree of permanence. (e.g. biting off finger)
DISFIGURES
Means to deform or deface, to mar or alter the figure or appearance of a person. (e.g. burn to face)
TO INJURE
Means to cause actual bodily harm. (e.g. broken finger, bruising)
ACTUAL BODILY HARM
May be internal or external and need not be permanent or dangerous.
61
DOCTRINE OF TRANSFERRED MALICE
It is not necessary that the person sufferring the harm was the intended victim.
62
INTENT TO COMMIT OR FACILITATE THE COMMISSION OF ANY IMP OFF
(S191(1) CA1961)
TWO-FOLD TEST
1. The offender intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in paras (a),(b) & (c)
OR
2. He intended to cause the specified harm, or was reckless as to that risk.
R v Tihi
63
FACILITATE THE COMMISSION
AVOID THE DETECTION
AVOID THE ARREST OR FACILITATE THE FLIGHT
FACILITATE THE COMMISSION
To make possible or make easy/easier. (ABOUT TO DO IT)
AVOID THE DETECTION
The offender caused the specified harm to prevent himself or another person from being 'caught in the act' (DOING IT)
AVOID THE ARREST OR FACILITATE THE FLIGHT
After an imprisonable offence committed or attempted. Specified harm caused to enable offender to more easily effect escape or to prevent their capture. (DONE IT)
64
STUPIFIES
RENDERS UNCONSCIOUS
BY ANY VIOLENT MEANS
IMPEDES
STUPIFIES
Means to induce a state of stupor, to make stupid, groggy or insensible. To dull the senses or faculties.
RENDERS UNCONSCIOUS
To 'cause to be' or 'cause to become'. The offenders actions must cause the victim to lose consciousness.
BY ANY VIOLENT MEANS
Includes the application of force that physically incapacitates a person. It is not limited to physical violence and may include threats of violence, depending on the circumstances.
IMPEDES
Delay or prevent (someone or something) by obstructing/hindering them. (e.g. strangulation)
65
CONTROLLED DRUG
CLASS A CONTROLLED DRUG
CLASS B CONTROLLED DRUG
CLASS C CONTROLLED DRUG
CONTROLLED DRUG ANALOGUE
CONTROLLED DRUG
Any substance specified in Schedule 1, 2 or 3 in this Act (MODA1975) and any controlled drug analogue. S2 MODA1975
CLASS A CONTROLLED DRUG
Class A controlled drug means the controlled drugs specified or described in Schedule 1 of this Act. S2 MODA1975
CLASS B CONTROLLED DRUG
Class B controlled drug means the controlled drugs specified or described in Schedule 2 of this Act. S2 MODA1975
CLASS C CONTROLLED DRUG
Class C controlled drug means the controlled drugs specified or described in Schedule 3 of this Act. S2 MODA1975
CONTROLLED DRUG ANALOGUE
Has a structure substancially similar to a controlled drug. It is a substance with similar dangerous effects, but that is not specifically listed in the schedules to the Act. (ALL CLASSIFIED AS CLASS C)
66
PRODUCING
MANUFACTURING
PRODUCING
To bring something into being or bring something into existance from its raw materials or elements. (E.g. growing cannabis)
MANUFACTURING
The process of synthesis, combining components or processing raw materials to create a new substance. (E.g. cooking meth)
67
DRUGS KNOWLEDGE
KKI
of note: offence complete once prohibited substance is created, whether or not it is in a useabe form.
Knew about the offence
Knew the substance involved was a controlled drug
Intended to commit the offence
68
S29A MODA1975
Proving useable quantity.
It is not necessary for the prosecution to prove that fact unless the Defendant puts the matter in issue.
69
AWOCA
Ask (Request cooperation)
Why (Explain reason/power, ask why?)
Options (Provide shit sandwich and explain consequences)
Confirm (Do they understand?)
Act (Take appropriate action)
70
PRBPAB
(Scene guard duties)
FREEZE, CONTROL, PRESERVE
Prevent unauthorised people
Record in notebook
Brief authorised people
Promptly report 1C activity
Avoid self-contaminating scene
Be aware of animals
71
WEEPP
Justification to K9 a CYP
Witness interference
Evidence interference
Ensure appearance in Court
Prevent further offending
Public interest
72
CADD
Reason for entering a premise with warrantless power re EM.
Concealed
Altered
Damaged
Destroyed
73
PCA
SELF TEST
TENR
PCA
Perceived Cumulative Assessment
SELF TEST
Scrutiny? Ensures compliance? Lawful? Fair?
TENR
Threat (Opportunity, Capability, Environment, Intent)
Exposure
Necessity (Immediate, Delayed, Not at all)
Response
74
VAWSEEPO
Victim / informant
Appreciation
Witnesses
Scene
Exhibits
Elements (offence ingredients)
Powers
Offender
75
PEACE
ADVOKATE
PEACE
Preparation
Engage and explain
Account (Probe & challenge (You said, We've got, Explain))
Closure
Evaluation
ADVOKATE
Amount of time seen
Distance
Visibility
Obstructions
Known/seen before
Any special reason to remember
Time lapse
Error
76
Common methods of importing
- have drugs in/on person or in luggage
- have a 'mule' bring drugs in
- send by international mail/courier
- conceal inside legitimate goods (e.g. shipping containers)
77
The importing process
Is a process that commences at the point of origin and continues intil the drugs have reached their ultimate destination in NZ.
78
Time of exportation
S53 Customs and Excise Act 1996
Time when exporting craft leaves last customs place immediately before proceeding to a point outside NZ.
NZ
The land and waters enclosed by the outerlimits of the territorial sea of NZ. (12 nautical miles from land mass of NZ)
79
S29B MODA1975
In relation to any cannabis preparation the following provisions apply:
- prosecution to prove contains tetrahydrocannabinols (THC)
- subjected cannabis to processing which it is unrecogniseable
- Plant means the whole or any part of the leaf, flower, or stalk of any plant
- in event of dispute, jury determines, or judge determines (if JAT) and inspects unaided.
This provides that cannabis preparation is produced by subjecting cannabis to some form of process that renders it unrecogniseable as plant material. (E.g. cannabis brownies)
of note:
placing cannabis plant in a solution of isopropyl alcohol consentrates THC levels and upgrades from Class C to B.
80
SUPPLY
DISTRIBUTING
GIVE
SELLING
ADMINISTERS
OFFERING
OTHERWISE DEAL IN
PURPOSE FOR SUPPLY
of note:
Intent is inferred from admissions, circumstancial evidence, and presumption under S6(6) MODA1975 - If of the presumtion amount, its for supply. (e.g. 28 grams of cannabis)
SUPPLY
Means to furnish or provide something that is needed or desired.
DISTRIBUTING
Relates to the supply of drugs to multiple people.
GIVE
To hand substance over in order to enable the other person to use the drug for own purposes.
SELLING
Involves typical concept of sale - an exchange of goods in return for valuable consideration.
ADMINISTERS
To direct and cause a drug to be taken into the system of another person.
OFFERING
- the communicating of an offer (by words, gestures, writing) to supply or administer a controlled drug.
An intention that the other person believes the offer to be genuine. (R v Brown)
OTHERWISE DEAL IN
Other than distribute, supply, etc.
PURPOSE FOR SUPPLY
- in this context can be equated to 'aim' or 'intention'
81
S6(5) MODA1975
In the absence of evidence to the contrary, a drug supplied to 18 yrs + has been sold. (Just a possession charge, E.g. giving a joint as bday present)
82
DAMAGES BY FIRE
FIRE
DAMAGES BY FIRE
Two elements.
First is damage and the second that the damage was either caused by fire or explosive.
&
R v Archer
FIRE
Is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggerred by heat.
of note:
Molotov cocktail is 'damages by fire'
83
VEHICLE
SHIP
AIRCRAFT
IMMOVEABLE PROPERTY
VEHICLE
Is equipped with wheels on which it moves.
SHIP
A vessel used in navigation, however propelled.
AIRCRAFT
Machine that can derive support in the atmosphere.
IMMOVEABLE PROPERTY
Fixed in place and unable to be moved, even though possible to make it moveable. (E.g. tree or house)
84
KNOWS OR OUGHT TO KNOW
DANGER TO LIFE
LIKELY TO ENSUE
INTEREST (IN PROPERTY)
KNOWS OR OUGHT TO KNOW
Involves a mixed subjective/objective test as to degree of knowledge.
DANGER TO LIFE
Human life, other than defendant.
LIKELY TO ENSUE
Form of recklessness rather than strict knowledge.
INTEREST (IN PROPERTY)
Tenancy of a property.
85
OBTAIN
BENEFIT
CAUSE LOSS
NO INTEREST
OBTAIN
To obtain or retain for himself/herself/any person. Includes some deception.
BENEFIT
Any benefit, pecuniary advantage, privilege, property, service or valuable consideration.
CAUSE LOSS
Involves financial detriment to the victim.
NO INTEREST
No financial interest, interest or claim, to the property they're burning.
86
S267(2) CA1961
Arson
(a)
Intentionally or recklessly
Without claim of right
Damages by fire or damages by means of any explosive
Any property (other than mentioned in (1))
In which that person has no interest
(b)
Intentionally or recklessly
Damages by fire or damages by means of any explosive
Any property (other than mentioned in (1))
With intent to obtain any benefit or with intent to cause loss to any person
87
SERVICE (DECEPTION)
PECUNIARY ADVANTAGE
VALUABLE CONSIDERATION
USES OR ATTEMPTS TO USE
SERVICE (DECEPTION)
Service is limited to financial or economic value, and excludes privileges or benefits. (R v Cara)
PECUNIARY ADVANTAGE
Anything that enhances the accused's financial position. (Hayes v R)
Economic or monetary advantage.
VALUABLE CONSIDERATION
Anything capable of being valuable consideration. Money or moneys worth. (Hayes v R)
USES OR ATTEMPTS TO USE
An unsuccessful use of a document is as much use as a successful one.
(Hayes v R)
88
DECEPTION
of note:
material particular is an important, essential, or relevant detail or item.
S240(2)
(a)
false representation, intent to deceive, knowledge or recklessness as to whether representation is false in material particular, the person was deceived. (action)
(b)
omission to disclose material particular, intent to deceive, in circumstances there is duty to disclose. (omission)
(c)
fraudulent device, trick or stratagem, intent to deceive.
Must prove:
1. Intent to deceive.
2. A representation by defendant:
- conduct
- words
- documentary
3. Knew/reckless that material particular is false.
89
PRIVILEGE / BENEFIT
TITLE / OWNERSHIP
VOIDABLE TITLE
CONTROL
DEBT
LIABILITY
CREDIT
PRIVILEGE / BENEFIT
A special right, advantage, not limited to pecuniary / monetary / financial gain.
TITLE / OWNERSHIP
The legal right of ownership to the goods. "a right or claim to ownership of the property"
VOIDABLE TITLE
Title obtained by deception.
CONTROL
The power of directing, command.
DEBT
Money owing from one person to another. Legally enforceable.
LIABILITY
Legally enforceable financial obligation to pay.
CREDIT
Involves varied time periods.
Can obtain through 3rd party.
Credit is tangible.
90
INDUCES
DELIVER OVER
EXECUTE
MAKE
ACCEPT
ENDORSE
DESTROY
ALTER
LOSS
INDUCES
To pursuade, bring about or give rise to. (False representation believed & money parted with by victim)
DELIVER OVER
Surrender up someone, something.
EXECUTE
Put a course of action into effect.
MAKE
Cause something to exist or come about, bring about.
ACCEPT
Receive something.
ENDORSE
Write or sign a document.
DESTROY
End the existence of something by damaging it.
ALTER
Change in character/composition.
LOSS
Involves financial detriment DIRECTLY
More than trivial.
of note:
Do not need to prove defendant made financial gain or that the loss was intentionally caused.
91
S198(1)(c) CA1961
S198(2) CA1961
S198(1)(c) CA1961
With intent to do GBH
Sets fire to any property
S198(2) CA1961
With intent to injure or with reckless disregard for the safety of others
does any act referred to in (c)
(7 yrs imp)
92
INJURIOUS SUBSTANCE OR DEVICE
USES IN ANY MANNER WHATEVER
USES ANY FIREARM
HAS ANY FIREARM WITH HIM OR HER
INJURIOUS SUBSTANCE OR DEVICE
Covers a range of things capable of causing harm to a person. (E.g. letter with anthrax powder mailed to someone, or a live electric fence)
of note:
Not necessary for explosion to occur. Offence complete when substance/device sent/delivered/put in place. Substance MUST have capacity to explode or cause injury.
USES IN ANY MANNER WHATEVER
Handling or manipulating the firearm in a manner that conveys an implied threat may suffice. (E.g. could be used as a club)
(Police v Parker)
USES ANY FIREARM
Not the same as "whatever" meaning. Includes firing or presenting firearm or displaying it in a menacing manner.
HAS ANY FIREARM WITH HIM OR HER
Knowingly has firearm with them.
(R v Kelt)
93
ACTING IN THE COURSE OF HIS OR HER DUTY
POLICING DUTIES
CONSTABLE
IMPRISONABLE OFFENCE
ACTING IN THE COURSE OF HIS OR HER DUTY
The term includes every lawful act a constable does while on duty and may include acts done where circumstances create a proffessional obligation for a constable to exercise policing duties while off duty.
Of note: If acting unlawfully, cant use this offence.
POLICING DUTIES
Arise under statute/common law. Include protecting life/property, preventing/detecting offences, apprehending offenders and keeping peace.
CONSTABLE
Police employee who holds the office of constable. S4 Policing Act 2008
IMPRISONABLE OFFENCE
Offence punishable for life or by a term of imprisonment. S5 Criminal Procedure Act 2011
94
PRIMA FACIE
"At first appearance"
(Tuli v Police)
