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Essentials Flashcards

(37 cards)

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1
Q

Rape - section and elements

A

Section 128(1)(a) Crimes Act 1961

  • A person
  • Rapes
  • Another person
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2
Q

Sexual violation by unlawful sexual connection - section and elements

A

Section 128(1)(b) Crimes Act 1961

  • A person
  • Has unlawful sexual connection
  • With another person
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3
Q

Sexual connection with a young person under 16 - section and elements

A

Section 134 Crimes Act 1961

  • A person has sexual connection with OR attempts to have sexual connection with OR does an indecent act on
  • A young person
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4
Q

Indecent assault - section and elements

A

Section 135 Crimes Act 1961

  • A person
  • Indecently assaults
  • Another person
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5
Q

Wounding with intent - section and elements

A

Section 188(1) Crimes Act 1961

  • With intent to cause GBH
  • To any person
  • Wounds OR maims OR disfigures OR causes GBH
  • To any person
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6
Q

Wounding with intent (reckless) section and elements

A

Section 188(2) Crimes Act 1961

  • With intent to injure any person OR with reckless disregard for the safety of others
  • Wounds OR maims OR disfigures OR causes GBH
  • To any person
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7
Q

Injuring with intent to GBH - section and elements

A

Section 189(1) Crimes Act 1961

  • With intent to cause GBH
  • To any person
  • Injures
  • Any person
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8
Q

Injuring with intent - section and elements

A

Section 189(2) Crimes Act 1961

  • With intent to injure any person OR with reckless disregard for the safety of others
  • Injures
  • Any person
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9
Q

Aggravated wounding - section and elements

A

Section 191(1) Crimes Act 1961

With intent to:

  • Commit or facilitate the commission of any imprisonable offence OR
  • Avoid the detection of himself or of any other person in the commission of any imprisonable offence OR
  • Avoid the arrest or facilitate the flight of himself of of any other person upon the commission or attempted commission of any imprisonable offence

Wounds OR maims OR disfigures OR causes GBH to any person
OR
Stupefies OR renders unconscious any person
OR
By any violent means renders any person incapable of resistance

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10
Q

Abduction - section and elements

A

Section 208 Crimes Act 1961

  • Unlawfully
  • Takes away or detains
  • A person
  • Without their consent or with consent obtained by fraud or duress
  • With intent to:
    • Go through a form of marriage or civil union OR
    • Have sexual connection with the person OR
    • Cause the person to go through a form of marriage or civil union, or to have sexual connection, with some other person
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11
Q

Kidnapping - section and elements

A

Section 209 Crimes Act 1961

  • Unlawfully
  • Takes away or detains
  • A person
  • Without their consent or with consent obtained by fraud or duress
  • With intent to
    • Hold him or her for ransom or to service OR
    • Cause him or her to be confined or imprisoned OR
    • Cause him or her to be sent or taken out of New Zealand
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12
Q

Abduction of a young person under 16 - section and elements

A

Section 210(1) Crimes Act 1961

  • With intent to deprive a parent or guardian or other person having the lawful care or charge of a young person of the possession of the young person
  • Takes or entices away or detains
  • The young person
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13
Q

Abduction of a young person under 16 (receives) - section and elements

A

Section 210(2) Crimes Act 1961

  • Receives
  • A young person
  • knowing that he or she has been unlawfully taken away or enticed away or detained with intent to deprive a parent or guardian or other person having the lawful care or charge of him or her of the possession of him or her
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14
Q

Robbery - section and elements

A

Section 234(1) Crimes Act 1961

  • Theft
  • Accompanied by violence OR accompanied by threats of violence
  • To any person OR to any property
  • Used to extort the property stolen OR to prevent or overcome resistance to it’s being stolen
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15
Q

Aggravated robbery (GBH) section and elements

A

Section 235(a)

  • Robs any person
  • At the time of OR immediately before OR immediately after the robbery, causes GBH
  • To any person
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16
Q

Aggravated robbery (together with) section and elements

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A

Section 235(b) Crimes Act 1961

  • Being together with any other person or persons
  • Robs
  • Any person
17
Q

Aggravated robbery (weapon) section and elements

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A

Section 235(c) Crimes Act 1961

  • Being armed with any offensive weapon OR instrument OR any thing appearing to be such a weapon or instrument
  • Robs
  • Any other person
18
Q

R v Cox (consent) 1996

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A

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

19
Q

R v Collister 1955 - Intent

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A

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

  • The offender’s actions and words before, during and after an event
  • The surrounding circumstances
  • The nature of the act itself
20
Q

R v Taisalika 1993 - intent

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A

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

21
Q

R v Waters 1979

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A

A wound is a ‘breaking of the skin evidenced by the flow of blood. May be internal or external’

22
Q

R v Forrest and Forrest 1970

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A

“The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age”

23
Q

Cameron v R 2017

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A

Recklessness is established if:

  • The defendant recognised that there was a real possibility that
    • His or her actions would bring about a proscribed result AND/OR
    • That the proscribed circumstances existed AND
  • Having regard to that risk those actions were unreasonable
24
Q

R v Court 1988 (indecency)

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A

Indecency means ‘conduct that right-thinking people will consider an affront to the sexual modesty of the complainant’

25
R v Wati 1985 - 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
26
R v Chartrand 1994 (abduction)
"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"
27
R v Cox 1990 (possession)
Possession has two elements - Physical (actual or potential physical custody or control) - Mental element (combination of knowledge and intention. Knowledge in the sense of an awareness by the accused that the substance is in his possession... and an intention to exercise possession)
28
Sexual violation - definition
Sexual violation is the act of a person who - Rapes another person - Has unlawful sexual connection with another person
29
Rape definition
Sexual connection effected by the penetration of one persons genitalia by another person's penis - Without consent - Without belief on reasonable grounds that the victim consented to the connection
30
Sexual connection definition
Connection effected by the introduction into the genitalia or anus or one person (other than for genuine medical purpose) of - Part of the body of another person or - An object held or manipulated by another person or Connection between the mouth or tongue of one person and a part of another persons anus or genitalia or The continuation of connection of a kind described above
31
How does R v Koroheke define genitalia?
The genitalia comprise the reproductive organs, interior and exterior ... they include the vulva and labia, both interior and exterior, at the opening of the vagina
32
What must the Crown prove in regards to consent?
- The complainant did not consent (subjective) - The offender did not believe the complainant was consenting (subjective) - If the offender did believe the complainant was consenting, that the grounds for such belief were not reasonable (objective)
33
What is the defence to a charge under S134 Crimes Act?
If the person charged proves that - Before the time of the act concerned, he or she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16 years AND - At the time of the act concerned he or she believed on reasonable grounds that the young person was of or over the age of 16 years AND - The young person consented
34
What must the prosecution prove for indecent assault?
- The defendant intentionally assaulted the complainant AND - The circumstances accompanying the assault were indecent AND - The defendant intended the conduct that a reasonable person would find indecent AND - The complainant did not consent to the assault AND - The defendant did not honestly believe that the complainant was consenting
35
Intent - definition
There must be an intention to - Commit the act AND - Get a specific result 'Intent' means an act or omission must be done deliberately. The act or omission must be more than involuntary or accidental
36
Reckless - definition
- The defendant consciously and deliberately ran a risk (subjective) - The risk was an unreasonable one to take in the circumstances as they were known to the defendant (objective test - reasonable person)
37
Theft - section and elements
Section 219(1)(a) Crimes Act 1961 - Dishonestly - Without claim of right - Takes - Any property - With intent to permanently deprive the owner of that property
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