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4. Pre test Lists > Liabilities > Flashcards

Liabilities Flashcards

1
Q

Robbery

A

Robbery Sect 234(1)
10yrs
1. Theft
2. Accompanied by violence OR accompanied by threats of violence
3. To any person OR property
4. Used to extort the property stolen OR
Used to prevent or overcome resistance it being stolen

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2
Q

Assault with intent to Rob

A

Assault with intent to Rob Sect 236(1)(a) 14yrs

  1. With intent to Rob any person
  2. Causes GBH
  3. ## To that person or any other personAssault with intent to Rob Sect 236(1)(b) 14yrs
  4. With intent to Rob
  5. Being armed with any offensive weapon OR Instrument OR
    Anything appearing to be an offensive weapon or instrument
  6. ## Assaults that person or any other weaponAssault with intent to Rob Sect 236(1)(c) 14yrs
  7. With intent to Rob any person
  8. Being together with any other person
  9. Assaults that person or any other person
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3
Q

Aggravated Robbery

A

Agg Robbery Sect 235(a) 14yrs

  1. Robs
  2. Any person
  3. At the time of
    OR Immediately before OR
    Immediately after
  4. Causes GBH
  5. ## To any personAggravated Robbery Sect 235(b) 14yrs
  6. Being together with any other person/s
  7. Robs
  8. ## Any personAggravated Robbery Sect 235(c) 14yrs
  9. Being armed with any offensive weapon OR
    Instrument OR
    Anything appearing to be an offensive weapon or instrument
  10. Robs
  11. Any person
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4
Q

Aggravated Wounding

A

Aggravated Wounding Section 191(1)(a)(b)(c)
14years

  1. With intent to
    (a) Commit or facilitate the commission of any crime OR
    (b) Avoid detection of themselves in the commission of any crime OR
    (c) Avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any crime
  2. Wounds OR Maims OR Disfigures OR Causes GBH OR Stupefies OR Render unconscious OR By any violent means renders capable of resistance
  3. Any person
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5
Q

Wounding with Intent

A 
Wounding with intent
Section 188(1) 14years 
1.  With intent to cause GBH
2.  To anyone 
3.  Wounds OR Maims OR Disfigures OR Causes GBH 
4.  To any person 
-------------------------------
Wounding with intent to injure
Section 188(2)
  1. With intent to injure
  2. Anyone OR with reckless disregard for the safety of others
  3. Wounds OR Maims OR Disfigures OR Causes GBH
  4. To any person
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6
Q

Injuring with Intent

A 
Injuring with intent
Section 189(1) 10years
  1. With intent to cause GBH
  2. To Anyone
  3. Injures
  4. ## Any personInjures with intent to injure
    Section 188(2) 5 yrs
  5. With intent to injure
  6. Anyone OR With reckless disregard for the safety of others
  7. Injures
  8. Any person
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7
Q

Deception

A 
Deception Sect 240(1(a) 7yrs/1year/3mths
1. By any deception 
2.  Any without claim of right
3.  Obtains possession or control over
4.  Any property OR Privilege OR Service OR Pecuniary Advantage OR Benefit OR Valuable consideration 
------------------------------
Section 240(1)(b)
1.  By any deception 
2.  And without claim of right 
3.  In incurring any debt OR Liability
4.  Obtains Credit
-----------------------------
Section 240(c)
1.  By any deception 
2.  And without claim of right 
3.  induces or causes any other person to 
4.  deliver over, execute, make, accept, endorse, destroy, or alter 
5.  Any document or thing capable of being used to derive a pecuniary advantage
---------------------------------
Section 240(d)
1.  By any deception 
2.  And without claim of right 
3.  causes loss 
4.  to any other person
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8
Q

Uses a Document

A

Taking/Obtaining a Document Sect228(a) 7yrs

  1. With intent
  2. To obtain any property OR Service OR Pecuniary Advantage OR Value Consideration
  3. Dishonestly
  4. And without claim of right
  5. ## Takes OR Obtains a documentUses/Attempts to use a Doc
    Sect 228(b)
  6. With intent to obtain any property OR Service OR Pecuniary Advantage OR Valuable Consideration
  7. Dishonestly
  8. And without claim of right
  9. Uses OR attempts to use any document
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9
Q

Receiving

A

Receiving Sect 246(1) 7/1/3mths

  1. Receives
  2. Any property stolen or obtained of any other crime
  3. Knowing that property to have been stolen or so obtained OR
    Being reckless as to whether or not the property has been stolen or so obtained.
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10
Q

Conspiracy

A

Conspiracy
Sect 310(1)
Same as offence or 7yrs max

  1. Conspires
  2. Person
  3. To commit an offence

Conspires with any person to commit any offence, or to do or omit, in any part of the world, anything of which the doing or omission in New Zealand would be an offence

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11
Q

Accessory After the Fact

A
  1. Knowing
  2. Any person
  3. Has been party to offence
  4. Receives OR Comforts OR Assists that person OR Tampers with or actively suppresses evidence against him
  5. In order to enable him to escape after arrest OR Avoid arrest or conviction
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12
Q

Sexual Violation by Rape

A

Section 128(1)(a) 20yrs

  1. A person
  2. Rapes
  3. Another person
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13
Q

Sexual Violation by UL SC

A

Section 128(1)(b) 20yrs

  1. A person
  2. Has UL SC
  3. With another person
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14
Q

Assault with intent to commit Sexual Connection

A

Section 129(2) 10yrs

  1. Assaults
  2. Another person
  3. With intent to commit SV
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15
Q

Homicide

A

Homicide defined Section 158

Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever.

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16
Q

Culpable Homicide

A

Culpable homicide - Section 160

(1) Homicide may be either culpable or not culpable.
(2) Homicide is culpable when it consists in the killing of any person—

(a) By an unlawful act; or
(b) By an omission without lawful excuse to perform or observe any legal duty; or
(c) By both combined; or
(d) By causing that person by threats or fear of violence, or by deception, to do an act which causes his death; or
(e) By wilfully frightening a child under the age of 16 years or a sick person.

(3) Except as provided in section 178 of this Act, culpable homicide is either murder or manslaughter.
(4) Homicide that is not culpable is not an offence

17
Q

Murder

A

Murder defined - Sect 167

Culpable homicide is murder in each of the following cases:
(a) If the offender MEANS TO CAUSE THE DEATH of the person killed:

(b) If the offender MEANS TO CAUSE to the person killed ANY BODILY INJURY that is KNOWN to the offender to be LIKELY to cause death, AND IS RECKLESS whether death ensues or not:
(c) If the offender means to cause death, or, being so reckless AS AFORESAID, means to cause such bodily injury as aforesaid TO ONE PERSON, and by ACCIDENT OR MISTAKE kills another person, though he DOES NOT MEAN to hurt the person killed:
(d) If the offender FOR ANY UNLAWFUL OBJECT does an act that he knows to be likely to cause death, and THEREBY KILLS any person, though he may have desired that his object should be effected without hurting any one

18
Q

Kidnapping

A

Kidnapping Section 209 - 14yrs

  1. Unlawfully
  2. Takes Away OR Detains
  3. A person
  4. Without his or her consent OR With his or her consent obtained by fraud or duress
  5. With intent to

(a) Hold him or her for ransom or service = Ransom and Service
(b) Cause him or her to be confined or imprisoned = Confine and Imprison
(c) Cause him or her to be sent or taken out of NZ

19
Q

Abduction

A

Abduction Section 208 (a)(b)(c) 14 years

  1. Unlawfully
  2. Takes Away OR Detains
  3. A person
  4. Without his or her consent OR With his or her consent obtained by fraud or duress
  5. With intent to
    (a) Marry him or her
    (b) Have sexual connection with him or her
    (c) Cause him or her to be married or have sexual connection with some other person
20
Q

Arson

A

Arson Sect 267(1)(a) 14years

  1. Intentionally OR Recklessly
  2. Damages by fire OR Damages by means of any explosive
  3. Any property
  4. ## Knowing or ought to know that danger to life is likely to ensueArson Sect 267(1)(b) 14years
  5. Intentionally OR Recklessly
  6. And Without Claim of Right
  7. Damages by fire OR Damages by means of any explosive
  8. Any immovable property OR Any vehicle OR Any ship OR Any aircraft
  9. ## In which that person has no interestArson Sect 267(1)(c) 14years
  10. Intentionally
  11. Damages by fire OR
    Damages by means of any explosive
  12. Any immovable property OR Any vehicle OR Any ship OR Any aircraft
  13. With intent to obtain any benefit OR Cause loss to any person
21
Q

Possession for Supply

A

Import/Export
Sect 6(1)(a) MODA
Life/14/8yrs

  1. Imports OR Exports
  2. Any Controlled Drug
  3. ## Into or out of NZProduce/Manufacture
    Sect 6(1)(b) MODA
    Life/14/8yrs
  4. Produce or Manufacture
  5. ## Any controlled DrugSupply Class A/B Controlled Drug
    Sect 6(1)(c)
    MODA
    Life/14
  6. Supplies OR Administers OR Offer To Supply or Administer OR otherwise Deal
  7. Class A or B controlled Drug
  8. ## To any personSupplies Class C Controlled Drug to person 18
    Sect 6(1)(e)
    MODA
    8yrs
  9. Sells OR Offer To Sell
  10. Any Class C controlled Drug
  11. ## To any person >18yrsPossession of any Controlled Drug for Supply
    Sect 6(1)(f) MODA
    Life/14/8yrs
  12. Has possession of
  13. Any Controlled Drug
  14. For the purposes set out in paragraphs (c)(d)(e)
22
Q

Evidence Act
Section 44
Evidence of Sexual Experience of Complainants in Sexual Cases

A

(1) In a sexual case, NO EVIDENCE CAN BE GIVEN AND NO QUESTION CAN BE PUT TO A WITNESS relating directly or indirectly to the SEXUAL EXPERIENCE of the COMPLAINANT with any person OTHER THAN the defendant, EXCEPT with the permission of the Judge.
(2) In a sexual case, NO EVIDENCE CAN BE GIVEN AND NO QUESTION CAN BE PUT TO A WITNESS that relates directly or indirectly to the REPUTATION of the complainant in sexual matters.
(3) In an application for permission under subsection (1), the JUDGE must not grant permission UNLESS SATISFIED that the evidence or question IS OF SUCH DIRECT RELEVANCE TO FACTS IN ISSUE in the proceeding, or the issue of the appropriate sentence, that it would be contrary to the interests of justice to exclude it.

23
Q

Stat Defence to consensual Sex under 16

Section 134(A)

A

Defence to charge under section 134

(1) It is a defence to a charge under section 134 if the person charged proves that,—
(a) BEFORE the time of the act concerned, they had TAKEN REASONABLE STEPS TO FIND OUT whether the young person concerned was OF or OVER 16 years

AND

(b) AT THE TIME of the act concerned, they BELIEVED on REASONABLE GROUNDS that the YP was OF or OVER 16 years

AND

(c) the young person consented.

(2) Except to the extent provided in subsection (1),—
(a) it is not a defence to a charge under section 134 that the young person concerned consented; and
(b) it is not a defence to a charge under section 134 that the person charged believed that the young person concerned was of or over the age of 16yrs

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