Elements Flashcards

1
Q

Abduction for purposes of marriage or sexual connection - Section 208, Crimes Act 1961

A
  • Everyone who
  • Unlawfully
  • Takes away / Detains
  • A person
  • Without their consent / with consent obtained by Fraud or Duress
•	With intent to:	
o	Marry him/her
o	Have sexual connection with him/her
o	To cause him/her to be married
o	To cause him/her to have sexual connection with some other person
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2
Q

KIDNAPPING - Section 209, Crimes Act 1961

A
  • Everyone who
  • Unlawfully
  • Takes away / Detains
  • A person
  • Without their consent / with consent obtained by Fraud or Duress

• With intent to:
o Hold him/her for ransom / to service
o Cause him/her to be Confined / Imprisoned
o Cause him/her to be sent / taken out of NZ

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3
Q

Section 210, Crimes Act 1961, Abduction of young person under 16

A
•	Everyone who
•	With intent to deprive 
o	Parent
o	Guardian
o	person having lawful care / charge of 
•	A young person 
•	Of the possession of the young person
•	Unlawfully
•	Takes away / Detains
•	Young person 

(2) Receives young person knowing he/she has been unlawfully taken away/detained
Immaterial whether young person consents, or is received at their own suggestion
Immaterial whether offender believes they are over 16.

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4
Q

ACCESSORY AFTER THE FACT - Section 71, Crimes Act 1961

A

• Person who
• Knowing any person to have been a party to the offence
o receives
o comforts
o assists
o tampers with evidence
o actively suppresses evidence against him
• To enable him to
o escape after arrest
o avoid arrest or detention
(doesn’t apply to married or civil union partners)

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5
Q

ATTEMPTS - Section 72, Crimes Act 1961

A
  • Everyone who
  • Having an intent to commit an offence
  • Does / Omits an act
  • For the purpose of accomplishing his object
  • whether or not, in the circumstances, it was possible to commit the offence or not
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6
Q

PARTIES - Section 66, Crimes Act 1961

A

• (1) Everyone who
o Actually commits the offence
o Does / Omits an act for the purpose of aiding any person to commit offence
o Abets any person in commission of offence
o Incites / Counsels / Procures any person to commit offence

• (2) two or more persons form common intention to,
Prosecute any unlawful purpose and assist each other therein,
Each is a party to every offence committed by any one of them,
In the prosecution of the common purpose,
If the commission was known to be a probable consequence of the prosecution of the common purpose.

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7
Q

ROBBERY - Section 234, Crimes Act 1961

A
  • Theft
  • Accompanied by violence / threats of violence
  • To any person / property
  • Used to extort the property stolen
  • Or prevent / overcome resistance to it being stolen
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8
Q

AGGRAVATED ROBBERY - Section 235, Crimes Act 1961

A

• Everyone who
• Robs
• Any person
And:
• Immediately before / At time of / immediately after - Causes GBH to any person
• Being together with any other person
• Being armed with any offensive weapon / instrument / any thing appearing to be weapon / instrument

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9
Q

ASSAULT WITH INTENT TO ROB - Section 236, Crimes Act 1961

A
  • Everyone who
  • With intent to rob any person

o Causes GBH to that person
o Being armed with any offensive weapon / instrument / thing appearing to be weapon/inst. -assaults that person (v)
o Being together with any other person – assaults that person (v)

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10
Q

Crimes Act 1961 -Section 188(1) – Wounding with intent to cause GBH

A
•	Everyone who
•	With intent to cause GBH
•	To anyone
o	Wounds
o	Maims
o	Disfigures
o	Causes GBH
•	To any person
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11
Q

Crimes Act 1961 - Section 188(2) – Wounding with intent to injure

A
•	Everyone who
•	With intent to injure anyone / with reckless disregard for the safety of others
o	Wounds
o	Maims
o	Disfigures
o	Causes GBH
•	To any person
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12
Q

Crimes Act 1961, Section 189, Injuring with intent

A
  • (1) Everyone who
  • With intent to cause GBH
  • To anyone
  • Injures
  • Any person
  • (2) Everyone who
  • With intent to injure anyone / with reckless disregard for safety of others
  • Injures
  • Any person
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13
Q

Crimes Act 1961, Section 191 - Aggravated wounding or injury

A

• (1) Everyone who
• With intent to
o Commit / Facilitate the commission of any imprisonable offence
o Avoid detection of self / other person in commission of imprisonable offence
o Avoid arrest or facilitate flight of self / other person upon commission / attempted commission of imprisonable offence
• Wounds / maims / disfigures / causes GBH / renders unconscious / or by violent means
• Renders any person incapable of resistance

• (2) any intent above, INJURES any person

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14
Q

DRUG DEALING – Importing/exporting any controlled drug Imports into or exports from NZ, Misuse of Drugs Act 1975 Section 6 (1)(a)

A
  • Person
  • Import / Export
  • From NZ
  • Any controlled drug
  • (other than Part 6 Schedule 3 – ie.
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15
Q

DRUG DEALING – Producing/manufacturing any controlled drug- Misuse of Drugs Act 1975 Section 6 (1)(b)

A
  • Person
  • Produce / manufacture
  • Any controlled drug
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16
Q

DRUG DEALING – Supplying any Class A or B controlled drug Supplies - Misuse of Drugs Act 1975 Section 6 (1)(c)

A
  • Person
  • Supply / administer / or otherwise deal with
  • Any Class A or Class B controlled drug
  • To any person
17
Q

DRUG DEALING – Supplying any Class C controlled drug to person under 18 years- Misuse of Drugs Act 1975 Section 6 (1)(d)

A
  • Person
  • Supply / administer / offer to supply administer
  • Any Class C controlled drug
  • To person under 18 years
18
Q

DRUG DEALING – Sell, or offer to sell, any Class C controlled drug to person of or over 18 years- Misuse of Drugs Act 1975 Section 6(1)(e)

A
  • Person
  • Sell / offer to sell
  • Any Class C controlled drug
  • To person under 18 years
19
Q

DRUG DEALING – Possession of controlled drugs for supply- Misuse of Drugs Act 1975 Section 6 (1)(f)

A
  • Person
  • Have any drug in his possession
  • For any purpose in c – e
20
Q

SEXUAL VIOLATION Crimes Act 1961 Sn 128(1)

A

(a) BY RAPE

(b) BY UNLAWFUL SEXUAL CONNECTION

21
Q

SEXUAL VIOLATION BY RAPE Crimes Act 1961 Sn 128(1)(a)

A

• Person who
• Rapes
• Another person
Discuss:
o Rape: person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia (vagina) by person A’s penis
o Without consent to the connection AND without believing on reasonable grounds that person B is consenting
o Penetration

o Genitalia
o Penis

22
Q

SEXUAL VIOLATION BY UNLAWFUL SEXUAL CONNECTION Crimes Act 1961 Sn 128(1)(b)

A

• Person who
• Has unlawful sexual connection
• With another person
Discuss:
o Unlawful Sexual connection: Person A has sexual connection with person B
o Without consent to the connection AND without believing on reasonable grounds that person B is consenting
o Sexual connection – Sn2 CA: Connection effected by introduction into genitalia or anus of one person otherwise than for genuine medical purposes of…
- Part of the body of another
- Object held or manipulated by another
- Connection between mouth or tongue of one person and a part of another person’s genitalia or anus
o The continuation of connection of a kind above

23
Q

ATTEMPTS TO COMMIT SEXUAL VIOLATION Crimes Act 1961, 129(1)

A

• Person who
• Having intent to commit rape / unlawful sexual violation
• Of another
(must prove at time of conduct that they:
o Intended to have sexual connection
o Complainant did not consent to sexual connection
o Defendant did not believe on reasonable grounds the complainant was consenting

24
Q

ASSAULT WITH INTENT TO COMMIT SEXUAL VIOLATION Crimes Act 1961- 129(2)

A

• Assault
- Another person
• With intent
• To commit sexual violation

25
Q

SEXUAL CONDUCT WITH A CHILD UNDER 12 –Crimes Act 1961 Sn 132 (1)

A
  • Everyone who
    • Attempts to have sexual connection
    • With a child
26
Q

SEXUAL CONDUCT WITH A CHILD UNDER 12 –Crimes Act 1961 Sn 132 (2)

A
  • Everyone who
  • Attempts to have sexual connection
  • With a child
27
Q

SEXUAL CONDUCT WITH A CHILD UNDER 12 –Crimes Act 1961 Sn 132 (3)

A
  • Everyone who
  • Does an indecent act
  • On a child
28
Q

SEXUAL CONDUCT WITH A CHILD UNDER 12 –Crimes Act 1961 Sn 132 Defence/requirements

A
  • No defence that person believed child was of / over 12 years
  • No defence that child consented
  • Child = person under 12
  • Doing indecent act includes indecently assaulting child (includes doing indecent act on them or them on the offender)
29
Q

SEXUAL CONDUCT WITH A YOUNG PERSON UNDER 16 – Sn 134

A
  • (1) Everyone who
  • Has sexual connection
  • With young person
  • (2) Everyone who
  • Attempts to have sexual connection
  • With young person
  • (3) everyone who
  • Does indecent act
  • on young person
30
Q

SEXUAL CONDUCT - Sexual connection with a young person – Crimes Act 1961 Sn 134 (1)

A
  • Everyone who
  • Has sexual connection
  • With young person
31
Q

SEXUAL CONDUCT - Attempted sexual connection with a young person – Crimes Act 1961 Sn 134 (2)

A
  • Everyone who
  • Attempts to have sexual connection
  • With young person
32
Q

SEXUAL CONDUCT - Indecent act on a young person – Crimes Act 1961 Sn 134 (3)

A
  • Everyone who
  • Does indecent act
  • on young person
33
Q

INDECENT ASSAULT – Crimes Act 1961 Sn135

A
  • Everyone who
  • Indecently
  • Assaults
  • Another person
34
Q

Deception - Section 240 Crimes Act 1961 - (1)(a): obtaining by deception or causing loss by deception

A
  • Obtains
  • Deception
  • Without claim of right
  • Obtains
  • Ownership; or possession of; or control over
  • Any property; or
  • Any privilege, service, pecuniary advantage, benefit or valuable consideration
35
Q

Deception - Section 240 Crimes Act 1961 - (1)(b): obtaining by deception or causing loss by deception

A
  • Deception
  • Without claim of right
  • Debt or liability incurred
  • Obtains
  • Credit
36
Q

Deception - Section 240 Crimes Act 1961 - (1)(d): obtaining by deception or causing loss by deception

A
  • Deception
  • Without claim of right
  • Cause
  • Loss
  • To any other person