Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

RNZPC 339 > Dishonesty Offences 1 > Flashcards

Dishonesty Offences 1 Flashcards

1
Q

Burglary Act and Section

A 
Crimes Act 1961
Section 231(1)(a) and Section 231(1)(b)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Elements of Burglary (Enters) - Section 231(1)(a)

A
  1. Enters
  2. Any building or any ship or any part of a building or any part of a ship
  3. Without authority
  4. With intent to commit and imprisonable offence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Power of Arrest without warrant for a burglary offence Act and Section

A 
Crimes Act 1961
Section 315(2)(a) or (b)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Explain ‘enters’

A

Entry is complete as soon as any part of the body of the person or any part of any instrument used by that person, is within the building or ship

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Explain ‘building’

A

Any building or structure of any description, whether permanent or temporary; and includes a tent, caravan, or houseboat; and also includes any enclosed yard, or any closed cave or tunnel

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Explain ‘ship’

A

Any vessel used in navigation, however propelled

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Explain ‘without authority’

A

An absence of authority, either expressed or implied, from a person the defendant believes is legally able to give consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Define ‘with intent to comment and imprisonable offence’

A

There must be an intention to commit an imprisonable offence in the building or ship

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Elements of Burglary (Having Entered) - Section 231(1)(b)

A
  1. Having entered
  2. Any building or any shop or any part of any building or any part of any ship
  3. Remains without authority
  4. With intent to commit an imprisonable offence in the building or ship
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Aggravated burglary while committing burglary

A
  1. Has a weapon with him or her
    Or
  2. Uses anything as a weapon
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Aggravated burglary having committed a burglary

A
  1. Has a weapon with him or her
    Or
  2. Uses anything as a weapon while still in the building or ship
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Theft Act and Section

A 
Crimes Act 1961
Section 219(1)(a) and Section 219(1)(b)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Elements of Theft (Takes)

A
  1. Dishonestly
  2. Without claim of right
  3. Takes
  4. Any property
  5. With intent to deprive any owner permanently of that property
    Or
    any interest in that property
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Elements of Theft - Section 219(1)(b)

A
  1. Dishonestly
  2. Without claim of right
  3. Uses or deals
  4. Any property
  5. With intent to deprive any owner permanently of that property
    Or
    any interest in that property
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Elements for Robbery

A
  1. Theft
  2. Accompanied by violence or threats of violence
  3. To any person or property
  4. Used to extort the property stolen or to prevent or overcome resistance to the property being stolen
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Robbery Act and Section

A 
Crimes Act 1961
Section 234(1)
17
Q

Define ‘extort’ in regards to Robbery

A

Take from someone

18
Q

In regards to robbery, can intent be an after thought?

A

No, violence must occur at the time of the theft

19
Q

Explain ‘violence’ in regards to Robbery

A

Unlawful physical force
Must be more than mere snatching from person
A struggle or injury would constitute violence

20
Q

Explain ‘takes’

A

Physically moves the property

21
Q

Explain ‘dishonestly’

A

Without a belief that there was consent or authority from the owner

22
Q

Explain ‘property’

A

Anything whatsoever, whether tangible or intangible that is the property of any person and has value

23
Q

What is the offence under Section 219(1)(a)?

A

Theft (Takes)

24
Q

What is the offence under Section 219(1)(b)?

A

Theft (Uses or deals with)

25
Q

Explain ‘uses or deals with’

A

Exceeds the authority or conditions given by using or dealing with the property in any manner

26
Q

What is the difference between ‘taking’ and ‘uses or deals with’?

A

Taking: Obtains possession of the property without the owners permission

Uses or deals with: Obtains possessions of the property with the owners permission

27
Q

Explain ‘with intent to deprive any owner of that property’

A

An intent to deprive the owner permanently of that property

Or

Deal with the property in a manner so that it cannot be restored to its original condition

28
Q

Explain ‘with intent to deprive any owner of any interest in that property’

A

An intent to deprive the owner permanently of that part of the property in which they have an interest

29
Q

Explain without authority in relation to ‘theft’

A

Entry gained by threat

E.g. “If you don’t open the door, I will set fire to your house”

30
Q

Explain without authority in relation to ‘artifice’

A

Involves being “cunning, skilled, artful”

E.g. Making up false Telecom identification and then pretending you need to enter the house to check the telephones

31
Q

Receiving Act and Section

A

Crimes Act 1961, Section 246(1)

32
Q

Elements of Receiving

A

Receives
Any property stolen OR any property obtained by any other imprisonable offence
Knowing that property to have been stolen or so obtained or being reckless as to whether the property had been stolen or so obtained

33
Q

Explain ‘receives’

A

Either exclusively or jointly with the thief or any other person has possession or control over anything unlawfully obtained or helps in its concealment or disposal

34
Q

Explain ‘any property stolen or so obtained’

A

Anything whatsoever, whether tangible or intangible that is the property of any person, has value and has been stolen OR obtained by an imprisonable offence other than theft

35
Q

Explain ‘knowing that property to have been stolen or so obtained’

A

Believing at the time of receiving That the property had been stolen also obtained by any other imprisonable offence

36
Q

Explain ‘being reckless as to whether the property had been stolen or so obtained’

A

Receives the property, despite the person consciously taking an unreasonable risk that the property might be stolen or so obtained by any other imprisonable offence

RNZPC 339 (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions