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Liabilities Flashcards

(46 cards)

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1
Q

Assessory After the Fact

A

Section 71(1) Crimes Act 1961 7y / 5y / 1\2

Knowing any person to be a party to an offence

  • Knowing
  • Simester & Brookbanks PCL
  • R v Crooks
  • R v Briggs
  • Person
  • Party S66(1)
  • Offence
  • Insist on proof
  • R v Mane

Receives, comforts or assists that person OR

Tampers with or actively suppresses evidence against him

  • RCA
  • TWAS

In order to help him escape after arrest OR

To avoid arrest or conviction

  • Acts help
  • Evades Justice
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2
Q

Wounding with Intent to Casue GBH

A

Scetion 188(1) CA ‘61 14 Years

With intent to cause GBH

  • Intent
  • R v Mohan
  • R v Waaka
  • Rv Taisalika
  • GBH
  • DPP v Smith

To anyone

  • Person

Wounds OR

  • R v Waters

Maims OR

  • Maims

Disfigures OR

  • Disfigures
  • R v Rapana and Murray

Causes GBH

  • GBH
  • DPP v Smith

Any person

  • Person
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3
Q

Wounding with intent to injure

A

Section 188(2) CA ‘61 7years

With Intent to Injure anyone OR

  • Intent
  • R v Mohan
  • R v Waaka
  • R v Taisalika
  • Injure
  • R v Donovan

With reckless disregard for the safety of others

  • Reckless
  • R v Harney

Wounds OR

  • R v Waters

Maims OR

  • Maims

Disfigures OR

  • Disfigures
  • R v Rapana and Murray

Causes GBH

  • GBH
  • DPP v Smith

To any person

  • Person
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4
Q

Injuring with Intent to GBH

A

Section 189(1) CA ‘61 10 years

With intent to cause GBH

  • Intent
  • R v Mohan
  • R v Waaka
  • Rv Taisalika
  • GBH
  • DPP v Smith

To any person

  • Person

Injures

  • Injure
  • R v Donovan

Any person

  • Person
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5
Q

Injures with Intent to Injure

A

Section 189(2) CA ‘61 5 years

With intent to injure any person OR

  • Intent
  • R v Mohan
  • R v Waaka
  • Rv Taisalika
  • Injure
  • R v Donovan

With Reckless disregard for the safety of others

  • Reckless
  • R v Harney

Injures

  • Injure
  • R v Donovan

Any person

  • Person
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6
Q

Aggravated Wounding

A

Section 191(1)(a) or (b) or (c) CA ‘61 14 Years

With intent to

  • Intent
  • R v Mohan
  • R v Waaka
  • R v Taisalika
  • R v Tihi

(a) commit or facilitate the commision of any imprisonable offence OR

  • Facilitate the commission
  • R v Sturm

(b) With Intent to avoid detection of himself or herself or any other person in the commission of an imprisonable offence OR
* Avoid detection
(c) To avoid arrest or facilitate the flight of himself or herself or any other person upon the commission or attempted commission of any imprisonable offence

  • Facilitate Flight
  • R v Wati
  • Imprisonable Offence

Wounds OR

  • R v Waters

Maims OR

  • Maims

Disfigures OR

  • Disfigures
  • R v Rapana and Murray

Causes GBH OR

  • GBH
  • DPP v Smith

Stupefies OR

  • R v Sturm

Renders Unconscious OR

  • Renders unconscious

By any violent means renders the person incapable of resistance

  • Any violent means
  • R v Crossan

Any Person

  • Person
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7
Q

Aggravated Injuring

A

Section 191(2) CA ‘61 7years

With intent to

  • Intent
  • R v Mohan
  • R v Waaka
  • R v Taisalika
  • R v Tihi

(a) commit or facilitate the commision of any imprisonable offence OR

  • Facilitate the commission
  • R v Sturm

(b) With Intent to avoid detection of himself or herself or any other person in the commission of an imprisonable offence OR
* Avoid detection
(c) To avoid arrest or facilitate the flight of himself or herself or any other person upon the commission or attempted commission of any imprisonable offence

  • Facilitate Flight
  • R v Wati
  • Imprisonable Offence

Injures

  • Injure
  • R v Donovan

Any person

  • Person
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8
Q

Sexual Violation by Rape

A

Section 128(1)(a) CA ‘61 20 years

A person

  • Person

Rapes

  • Rape
  • Penetration
  • Proof of Penetration
  • Genitalia
  • R v Koroheke
  • Penis
  • Consent
  • R v Cox
  • S 128A
  • Reasonable Grounds
  • R v Gutuama

Another Person

  • Person
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9
Q

Sexual Violation by unlawful sexual connection

A

Section 128(1)(b) CA ‘61 20 years

A person

  • Person

Has unlawful sexual connection

  • Sec 2 Sex con
  • Introduction
  • Proof of penetration
  • Genitalia
  • R v Koroheke
  • Consent
  • R v Cox
  • S128A
  • Reasonable Grounds
  • R v Gutuama

Another Person

  • Person
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10
Q

Sexual Conduct with a child under 12

A

Section 132(1) CA ‘61

Everyone

  • Person

Has Sexual Connection

  • Sec 2 Sex con
  • Introduction
  • Proof of Penetration
  • Genitalia
  • R v Koroheke

With a child

  • Section 132(6)(a)
  • R v Forest and Forest
  • In practice
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11
Q

Sexual Conduct (IA) with a child under 12

A

Section 132(3) CA ‘61 10years

Everyone

  • Person

Does an Indecent Act

  • Indecent Act
  • R v Court
  • Immaterial
  • s132(6)(b)

On a Child

  • S132(6)(a)
  • R v Forest and Forest
  • Practice
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12
Q

Sexual Conduct with a Young Person under 16

A

Section 134(1) CA ‘61 10years

Everyone

  • Person

Has Sexual Connection

  • Sec 2 Sex con
  • Introduction
  • Proof of Penetration
  • Genitalia
  • R v Koroheke

With a young person

  • Sec 134(6)
  • R v Forest and Forest
  • Practice
  • Person
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13
Q

Sexual Conduct (IA) with a Young Person Under 16

A

Section 134(3) CA ‘61 7 years

Everyone

  • Person

Does an Indecent Act

  • Indecent Act
  • R v Court
  • Immaterial
  • s134(6)(b)

On a young person

  • S134(6)(a)
  • R v Forest and Forest
  • Practice
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14
Q

Indecent Assault

A

Section 135 CA ‘61 7 years

Everyone

  • Person

Indecently assaults

  • R v Leeson
  • An Act
  • R v Court
  • Assault

Another Person

  • Person
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15
Q

Sexual Conduct with a dependant family memeber

A

Section 131(1)CA’61 7years

A Person

  • Person

Has Sexual Connection

  • Sec 2 Sex Con
  • Penetration
  • Proof of Penetration
  • Genitalia
  • R v Korokehe

With a dependant family member under 18 years

  • Dependant Family member s131A
  • R v Forest and forest
  • Practice
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16
Q

Assault with intent to commit Sexual Violation

A

Section 129(2) CA ‘61 10 years

A Person

  • Person

Assaults another person

  • Assault
  • Person

With Intent to commit sexual violation

  • Intent
  • R v Mohan
  • R v Waaka
  • Sexual Violation Sec 128(1)
  • Rape Sec 128(2)
  • Unlawful Sexual Connection Sec 128(3)
  • Sexual Connection Sec 2

Of another person

  • Person
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17
Q

Robbery

A

Section 234(1) CA ‘61 10 years

Theft

  • Theft S219(1)
  • R v Skivington
  • R v Lapier
  • Possession
  • Warner v Metropolitian Police Commissioner
  • Constructive Possession

Accompanied by

  • The Prosecution must prove
  • R v Maihi
  • Violence
  • Peneha v Police
  • Threats of violence
  • Inference
  • R v Broughton

To any person OR

  • Person

Property

  • Property Sec 2

Used to extort the property stolen OR

  • Extort
  • Extortion implies
  • Property Sec 2

Prevent or overcome resistance to it being stolen

  • Prevent
  • Overcome resistance
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18
Q

Aggravated Robbery (A)

A

Section 235(a) CA ‘61 14 years

Robs any person

  • Robbery Sec 234(1)
  • Person

And at the time of OR

  • At the time

Immediately before OR

  • Immediately before

Immediately after

  • Immediately after

Causes GBH to any person

  • GBH
  • DPP v Smtih
  • person
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19
Q

Aggravated Robbery (b)

Study These Flashcards
A

Section 235 (b) CA ‘61 14 years

Being together with any other person or persons

  • Joint enterprise
  • R v Galey
  • R v Joyce
  • Person

Robs

  • Robbery Sec 234(1)

Any person

  • Person
20
Q

Aggravated Robbery (c)

Study These Flashcards
A

Section 235(c) CA ‘61 14 years

Being armed with any offensive weapon OR

  • Being armed with
  • Offensive Weapom

Instrument OR

  • Instrument

Anything appearing to be such a weapon or instrument

  • Anything appearing

Robs

  • Robbery Sec 234(1)

Any person

  • Person
21
Q

Assault with intent to Rob (1)(a)

Study These Flashcards
A

Section 236(1)(a) CA ‘61 14 years

With intent to rob any person

  • Intent
  • R v Mohan
  • R v Waaka
  • Robbery Sec 234(1)
  • Person

Causes GBH

  • GBH
  • DPP v Smith

To that person OR

Any other person

  • Person
22
Q

Assault with Intent to Rob (1)(b)

Study These Flashcards
A

Section 236(1)(b) CA ‘61 14 years

With intent to rob any person

  • Intent
  • R v Mohan
  • R v Waaka
  • Robbery Sec 234(1)
  • Person

Being armed with any offensive weapon OR

  • Being armed with
  • Offensive Weapon Sec202A(1)

Instrument OR

  • Instrument

Anything appearing to be such a weapon or instrument

  • Anything appearing

Assaults that person OR

Any other person

  • Assault
  • Person
23
Q

Assault with Intent to Rob (1)(c)

Study These Flashcards
A

Section 236(1)(c) CA ‘61 14 years

With Intent to Rob any person

  • Intent
  • R v Mohan
  • R v Waaka
  • Robbery Sec 234(1)
  • Person

Being together with any other person or persons

  • Being togeth
  • R v Joyce
  • Assault Sec 2
  • Person
24
Q

Import / Export Controlled Drug

Study These Flashcards
A

Section 6(1)(a) MODA ‘75 Life

Imports Into OR

Exports from New Zealand

  • Importation Sec 2 C&E Act 1996
  • Exports Sec 53 C&E Act 1996
  • Saxton v Police
  • R v Hancox
  • Crown must prove
  • R v Strawbridge
  • Police v Emerali

Any Controlled Drug

  • Controlled Drug Sec 2 MODA ‘75
  • Controlled Drug Analogue Sec 2 MODA ‘75
25
Produce or Manufacture any Controlled Drug
Section 6(1)(b) MODA '75 Life / 14 / 8 Produce or Manufacture * Produce * Manufacture * R v Rua * Complete * Guilty Knowledge * R v Strawbridge * Police v Emerali Any Controlled Drug * Controlled Drug Sec 2 * Controlled Drug Analogue Sec 2
26
Supply / Administer / Offer to Supply or Administer CAlls A or B Controlled Drug
Section 6(1)(c) MODA '75 LIfe / 14 years Supplies OR * Supply Sec 2 * R v Maginnis Administers OR * Black Law Dictionary Offers to supply OR * R v During * Offers to supply * Supply Sec 2 Administer OR * Offers to administer * R v During * Administer Blacks Law Dictionary Otherwise deals in * Otherwise deals in * Guilty Knowledge * Police v Emerali * R v Strawbridge Class A or B Controlled drug * Class A Sec 2 * Class B Sec 2 * Controlled Drug Sec 2 To any person * Person
27
Supply / Adminitser / Offer Class C Controlled Drug to persons Under 18 years of age
Section 6(1)(d) MODA '75 8 years Supplies OR * Supply Sec 2 * R v Maginnis Administers OR * Black Law Dictionary Offers to supply OR * R v During * Offers to supply * Supply Sec 2 Administer OR * Offers to administer * R v During * Administer Blacks Law Dictionary Otherwise deals in * Otherwise deals in * Guilty Knowledge * Police v Emerali * R v Strawbridge Class C Controlled Drug * Class C Sec 2 * Controlled Drug Sec 2 * Controlled Drug Analogue Sec 2 To any person under the age of 18 years old * Person * R v Forest and Forest * Practice
28
Sells or offers to sell Class C Controlled Drug to person of or over 18 years of age
Section 6(1)(e) MODA '75 8 Years Sells OR * Sell * Section 6(5) Offers to sell * Prosectuion must prove * R v During * Offering to Supply * Guilty Knowledge * Police v Emerali * R v Strawbridge Class C Controlled Drug * Class C Sec 2 * Controlled Drug Sec 2 * Controlled Drug Analogue Sec 2 To any person * Person Of or over the ago of 18 years old * R v Forest and Forest * Practice
29
Possession of a Conrtolled Drug for Supply / Administer / Sell / Offer
Section 6(1)(f) MODA '75 Life / 14 / 8 years Possession of * Possession * Actual Possession * Warner v Metropolitian Police Commission * Constructive Possession * Possession Sec 2(2) Any Controlled Drug * Controlled Drug Sec 2 * Controlled Drug Analogue Sec 2 For any of the purposes set out in paras (c),(d) or (e) * Sec 6(1)(c) * Sec 6(1)(d) * Sec 6(1)(e) * Guilty Knowledge * Polcie v Emerali * R v Strawbridge * Presumption Sec 6(6)
30
Discharging a Firearm with intent to do GHB
Section 198(1)(a) CA '61 14 years With intent to do GBH * Intent * R v Mohan * R v Waaka * GBH * DPP v Smith Discharges * Discharge Any firearm, airgun or similar weapom * Firearm Sec 2 AA * Airgun Sec 2 * Similar Weapon At any person * R v Pekepo * Person
31
Doing a Dangerous Act with intent
Section 198(1)(b) CA '61 14 years With intent to do GBH * Intent * R v Mohan * R v Waaka * GBH * DPP v Smith Sends or delivers to any person OR Puts in any place * Sends to or delivers * Person * Puts in any place Any explosive OR Injurious substance or device * Explosive Sec 2 * Injurious Substance or device * Completion of offence
32
Doing a Dangerous Act with intent to do GBH
Setion 198(1)(c) CA '61 14 years With Intent to do GBH * Intent * R v Mohan * R v Waaka * GBH * DPP v Smtih Sets fire * Sets fire To any Property * Property Sec 2
33
Uses any Firearm against Law enforcement officer
Section 198A(1) CA '61 14 years Uses any firearm in any manner whatever * Uses in any manner whatever * Police v Parker * Firearm Sec 2 Aganist any Constable, OR Any Traffic Officer OR Any Prison Officer Acting in the execution of their duty * Constable * Traffic Officer * Prison Officer * Acting in the course * Acting unlawfully Knowing that OR Being Reckless whether or not OR That the person is a member of Police or traffic officer or prison officer so acting * Knowing that * Knowing * Reckless * R v Harney
34
Commission of an Imprisonable Offences with a Firearm
Section 198B(1)(a) CA '61 10 years In committing any imprisonable offence * Mus be * Imprisonable offence Sec 5 CPA Uses any firearm * Uses * Firearm
35
Abduction
Section 208 (a) or (b) or (c) CA '61 14 years Unlawfully * R v Chartrand Takes Away OR Detains * R v Crossan * R v Wellard - TA * R v Pryce - D A person * Person Without his or her consent OR With his or her consent obatined by fraud OR Duress * Consent * R v Cox * Fraud * Duress * Sec 209A With Intent to * Intent * R v Mohan * R v Waaka * R v Mohi (a) Marry him or her OR * Marry (b) have sexual connection with him or her * Sexual Connection Sec 2 (c) Cause him or her to be maried to orto have sexual connection with some other person * Cause to be
36
Kidnapping
Section 209 (a) or (b) or (c) CA '61 14 years Unlawfully * R v Chartrand Takes Away OR Detains * R v Crossan * R v Wellard - TA * R v Pryce - D A person * Person Without his or her consent OR With his or her consent obatined by fraud OR Duress * Consent * R v Cox * Fraud * Duress * Sec 209A With intent to * Intent * R v Mohan * R v Waaka * R v Mohi (a) To hold him or her for ransom or to service OR * Ransom * Service (b) To cause him or her to be imprisoned or confined OR * Confined * Imprisoned (c) To cause him or her to be sent or taken out of New Zealand * Sent out of NZ * Taken out of NZ
37
Arson - Danger
Section 267(1)(a) CA '61 14 years Intentionally OR * Intent * R v Mohan * R v Waaka Recklessly * Reckless * R v Harney Damages by Fire or by means of explosive * Damages by fire * R v Archer * Explosive Sec 2 Any property * Property Sec 2 If he or she knows OR ought to know that danger to life is likely to ensure * Knowledge Simester and Brookbanks PCL * Life
38
Arson - No interest
Section 267(1)(b) CA '61 14 Years Intentionally OR * Intent * R v Mohan * R v Waaka Recklessly * Reckless * R v Harney And without claim of right * COR Sec 2 Damages by Fire or by means of explosive * Damages by fire * R v Archer * Explosive Sec 2 Any immovable property or any vehicle, ship or aircraft in which that person has no interest * Immovable * Property Sec 2 * Vehicle Sec 2 LTA * Ship Sec 2 * Aircraft Sec 2 CAA '90 * Person
39
Arson - Cause Loss / benefit
Section 267(1)(c) CA '61 14 years Intentionally * Intent * R v Mohan * R v Waaka Damages by Fire or means of explosive * Damages by fire * R v Archer * Explosive Sec 2 AA Any immovable property or any vehicle, ship or aircraft * Immovable * Property Sec 2 * Vehicle Sec 2 LTA * Ship Sec 2 * Aircraft Sec 2 CAA '90 With Intent to obtain any benefit OR * Intent * R v Mohan * R v Waaka * Obtain S217 * Benefit S267(4) Cause loss to any other person * R v Morley * Person * Person - Companies Sec 2
40
Arson - (2)(a)
Section 267(2)(a) CA '61 7 years Intentionally OR * Intent * R v Mohan * R v Waaka Recklessly * Reckless * R v Harney And without claim of right * COR Sec 2 Damages by Fire or by means of explosive * Damages by fire * R v Archer * Explosive Sec 2 Any property (other than propety listed in section 267(1)) in which that person has no interest​ * Property Sec 2 * Person
41
Arson (2)(b)
Section 267(2)(b) Ca '61 Intentionally OR * Intent * R v Mohan * R v Waaka Recklessly * Reckless * R v Harney Damages by Fire or by means of explosive * Damages by fire * R v Archer * Explosive Sec 2 Any property (other than propety listed in section 267(1))​ * Property Sec 2 With Intent to obtain any benefit OR * Intent * R v Mohan * R v Waaka * Obtain S217 * Benefit S267(4) Cause loss to any other person * R v Morley * Person * Person - Companies Sec 2
42
Aggravated Burglary - While
Section 232(1)(a) CA '61 14 years While Committing Burglary * While Committing * Burglary Sec 231 Has a weapon with him or her OR * Has with him * Police v Pitman Uses anything as a weapon * Uses * R v Steele * Anything as a weapon
43
Aggravated Burglary - Having
Section 232(1)(b) CA '61 14 years Having committed Burglary * Burgalry Sec 231 Has a weapon with him or her OR * Has with him * Police v Pitman Uses anything as a weapon * Uses * R v Steele * Anything as a weapon While still in the building or ship * Still be present * Building Sec 231(2) * Ship Sec 2
44
Uses / Attempts to use a document
Section 228(b) CA '61 7 years With intent to obtain and property, service, pecuniary advantage or valuable consideration * Intent * R v Mohan * R v Waaka * R v Morley * Obtain * Property * Privilege * Service * Hayes v R - Pecuniary Advantage * Hayes v R - Valuable Consideration Dishonestly * Dishonestly * Hayes v R And without Claim of Right * Claim of Right Sec 2 Uses or attempts to use any document * Uses or attempts to use * Hayes v r * Document Sec 217 * R v Misic
45
Obtaining by Deception (a)
Section 240(1)(a) CA '61 7years / 1year / 3months By any deception * Deception * R v Morley Without Claim of Right * Claim of Right Sec 2 Obtains Possession od or control over any property, or any privilege, service, pecuniary advantage, or benefit or Valuable Consideration * Obtains * Possession * Actual Possession * Warner v Metropolitian Police Commissioner * Constructive Possession * Property Sec 2 * Privilege or benefit * Hayes v R * Hayes v R
46
Obtaining by Deception (b)
Section 240(1)(b) CA '61 7years By any deception * Deception Sec 240(2) * R v Morley And without Claim of Right * Claim of Right Sec 2 In incurring any debt OR * Debt Liability * Liability * Fisher v Raven * R v McKay

Pre rec practicals (3 decks)

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