Liabilities Flashcards
1
Q
Wounding with intent to cause GBH
A
188(1). 14yrs With intent to cause GBH -Intent meaning - R v Taisalika - GBH meaning - DPP v Smith To anyone - Person meaning Wounds - R v Waters OR Maims - Maims meaning OR Disfigures - Disfigures meaning - R v Rapana and Murray OR Causes GBH - GBH meaning - DPP v Smith Any person - Person meaning
2
Q
Wounding with intent
A
188(2). 7yrs With intent to injure anyone - Intent meaning - R v Taisalika - Injure S2 - R v Donovan - Person meaning OR with reckless disregard for the safety of others - meaning - R v Harney Wounds - R v Waters OR Maims - meaning OR Disfigures - meaning - R v Rapana and Murray OR Causes GBH - GBH meaning - DPP v Smith To any person - Person meaning
3
Q
Injuring with intent to cause GBH
A
189(1). 10yrs With intent to cause GBH - intent meaning - R v Taisalika - GBH meaning - DPP v Smith To anyone - person meaning Injures - injures S2 - R v Donovan Any person - person meaning
4
Q
Injuring with intent
A
189(2). 5yrs With intent to injure anyone - Intent - R v Taisalika - Injures S2 - R v Donovan - person meaning OR with reckless disregard for the safety of others - meaning - R v Harney Injures - meaning S2 - R v Donovan Any person - person meaning
5
Q
Aggravated Wounding
A
191(1) (a)(b)(c). 14yrs with intent to - intent meaning - R v Tihi a)commit or facilitate the commission of any imprisonable offence - facilitate the commission meaning b) avoid detection of himself or any other person in the commission of any imprisonable offence. - Avoid detection meaning c) avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence - Facilitate flight meaning - Imprisonable offence - R v Wati Wounds - R v Waters OR Maims - meaning OR Disfigures - meaning - R v Rapana and Murray OR Causes GBH - GBH meaning - DPP v Smith OR Stupefies - R v Sturm OR Renders unconscious - Unconscious meaning OR by any violent means renders any person incapable of resistance - violent mean meaning - R v Crossan Any person - Person meaning
6
Q
Aggravated Injuring
A
191(2) (a)(b)(c). 7yrs with intent to - intent meaning - R v Tihi a)commit or facilitate the commission of any imprisonable offence - facilitate the commission meaning b) avoid detection of himself or any other person in the commission of any imprisonable offence. - Avoid detection meaning c) avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence - Facilitate flight meaning - Imprisonable offence - R v Wati Injures - S2 meaning - R v Donovan Any person - person meaning
7
Q
Aggravated Assault
A
192(1)(a)(b)(c). 3yrs with intent to - intent meaning - R v Tihi a)commit or facilitate the commission of any imprisonable offence - facilitate the commission meaning b) avoid detection of himself or any other person in the commission of any imprisonable offence. - Avoid detection meaning c) avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence - Facilitate flight meaning - Imprisonable offence - R v Wati Assault - Assault meaning Any person - Person meaning
8
Q
Discharging a firearm with intent
A
198(1)(a) 14yrs With intent to do GBH - Intent - GBH meaning - DPP v SMith Discharges any firearm, air gun or similar weapon - Discharge meaning - Firearm meaning - Airgun meaning At any person - R v Pekepo - Person meaning
9
Q
Doing dangerous act with intent (explosive)
A
198(1)(b). 14yrs With intent to GBH - Intent - GBH meaning - DPP v Smith Sends or delivers to any person - Sends or delivers meaning - Person meaning OR puts in any place - Meaning Any explosive - Explosive meaning OR injurious substance or device - meaning - completion of offence
10
Q
Doing dangerous act with intent (fire)
A
198(1)(c). 14yrs With intent to GBH - intent - GBH meaning - DPP v Smith Sets fire - fire meaning To any property - property meaning
11
Q
Uses any Firearm Against Law Enforcement Officer (1)
A
198A(1) 14yrs Use any firearm in any manner whatever - meaning - R v Swain - Firearm S2 Against any PO or TO or PO - Sec 4 Policing Act meaning Acting in the course of his or her duty - course of his or her duty meaning - unlawful acting Knowing that or being Reckless whether or not that person is a member of the P or TO or PO - knowing they are a member of police - Simester and Brookbanks - R v Harney (if reckless)
12
Q
Using Any Firearm against Law Enforcement Officer (2)
A
198A(2). 10yrs Uses any firearm in any manner whatever -uses meaning -R v Swain -Firearm meaning With intent to resist the the lawful arrest or detention -intent -fisher v R Of himself or herself or any other person -person meaning
13
Q
Commission of an imprisonable offence with a firearm (1)
A
198B(1)(a). 10yrs In committing any imprisonable offence - imprisonable offence meaning Uses any firearm - uses meaning - firearm meaning
14
Q
Commission of an imprisonable offence with a firearm (2)
A
198B(1)(b). 10yrs While committing any imprisonable offence - imprisonable offence meaning Has any firearm with him or her - has with him meaning - firearm meaning In circumstances that prima facie show an intention to use it in connection with that imprisonable offence -mere possession insufficient -prima facie
15
Q
Abduction for Purposes of Marriage or SC
A
208(a)(b)(c). 14yrs Unlawfully - meaning Takes away -R v Crossan -R v Wellard OR Detains - R v Crossan - R v Pryce A person - meaning Without his/her consent - Consent meaning - R v Cox (consent) OR With his/her consent obtained by fraud or duress - Consent meaning - R v Cox (consent) -Fraud meaning (if appropriate) - Duress meaning (if appropriate) - Child Consent With intent to: - intent meaning - Mohi - R v Waaka a) Marry him/her - Marry meaning b) Have S/C with him/her - SC meaning c) cause him/her to be married or have S/C with some other person - meaning
16
Q
Kidnapping
A
209(a)(b)(c). 14yrs Unlawfully - meaning Takes away -R v Crossan -R v Wellard OR Detains - R v Crossan - R v Pryce A person - meaning Without his/her consent - Consent meaning - R v Cox (consent) OR With his/her consent obtained by fraud or duress - Consent meaning - R v Cox (consent) -Fraud meaning (if appropriate) - Duress meaning (if appropriate) - Child Consent With intent to: - intent meaning - Mohi - R v Waaka - R v M a) Hold him/her for ransom or to service - Ransom meaning -Service meaning b) To cause him/her to be imprisoned or confined -Imprisoned meaning - Confined meaning c) To cause him/her to be sent or taken out of NZ -Sent/Taken out of NZ meaning.
17
Q
Abduction of young person under 16 (1)
A
Section 210(1) CA61 - 7 years imp
With intent to deprive a parent or guardian or other person who has the lawful care or charge of a young person -intent -person having lawful care or charge -young person -R v Forest and forest of the possession of a young person -possession -R v Cox Unlawfully -meaning Takes or entices away or detains the young person -meaning Child cannot consent
18
Q
Abduction of young person under 16 (1)
A
Section 210(2) CA61 - 7 years imp
Receives a young person -receives -young person -R v Forest and Forest knowing they have been unlawfully taken or enticed away or detained -Simester and Brookbanks -unlawfully meaning -take away/entice/detain meaning With intent to deprive a parent or guardian or other person having the lawful care or charge of him or her -intent -person having lawful care or charge -young person -R v Forest and forest of the possession of him or her -possession -R v Cox
19
Q
Aggravated Robbery - GBH
A
235(a). 14yrs Robs any person - Robbery liability - Person meaning An at the time or immediately before or immediately after - Meaning of either Causes GBH to any person - GBH meaning - DPP v Smith - Person meaning
20
Q
Aggravated Robbery - Together
A
235(b). 14yrs Being together with any other person or person - Being together meaning - R v Galey - R v Joyce - Person meaning Robs - Robbery liability Any person - Person meaning
21
Q
Aggravated Robbery - Offensive Weapon
A
235(c). 14yrs Being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument - Being armed meaning - Offensive weapon - Instrument meaning - Anything appearing meaning Robs - Robbery liability Any person - Person meaning
22
Q
Assault with Intent to Rob - GBH
A
236(1)(a). 14yrs With intent to rob any person - intent - Robbery liability - person meaning Causes GBH - GBH meaning - DPP v Smith To that person or any other person - Person meaning
23
Q
Assault with Intent to Rob - Offensive Weapon
A
236(1)(b). 14yrs With intent to rob any person - Intent - Robbery liability - Person meaning Being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument - Being armed meaning Offensive weapon/Instrument/ appearing meaning Assaults that person or any other person - Assault meaning - Person meaning
24
Q
Assault with Intent to Rob - Together
A
236(1)(c). 14yrs With intent to rob any person - intent meaning - Robbery liability - Person meaning Being together with any other person or persons - Being together meaning - R v Joyce Assaults that person or any other person - Assaults meaning - Person meaning
25
Smuggling Migrants
| Not Liability just elements
98C. 20yrs
Involves a person who has freely consented to be brought into NZ as an illegal immigrant and is not subjected to coercion or deception.
26
Blackmail
| Not Liability just elements
237(1) (a)(b). 14yrs
(1) Everyone who threatens, expressly or by implication;
- to make any accusation against any person (whether living or dead), or
- to disclose something about any person (whether living or dead), or
- cause serious damage to property or endanger the safety of any person
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with intent
(a) to cause the person to whom the threat is made to act in accordance with the will of the person making the threat, and
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(b) to obtain any benefit or to cause loss to any other person
27
Robbery
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234(1). 10yrs
Theft
- Theft liability
- R v Skivington
- Property S2
- R v Lapier
- R v Cox
- Actual possession
- Potential possession
Accompanied by violence
- R v Maihi
- Violence S2
- Peneha v Police
Accompanied by threats of violence
- Threat of violence meaning
To any person or property
- Person meaning
- Property meaning
Used to extort the property stolen
- Extort meaning
OR Prevent or overcome resistance to the property being stolen
- Prevent meaning
- Overcome resistance meaning
```
28
Trafficking in persons
| Not Liability just elements
98D. 20yrs
Involves a person who is brought into NZ by means of coercion and/or deception. People are often trafficked in order to exploit them in the destination country - e.g. forced labour, removal of organs, mostly for sexual exploitation.
29
Demanding with intent to steal
| Not Liability just elements
239(1). 14yrs
Without claim of right
By force or with any threat
Compels any person to execute, make, accept, endorse, alter, or destroy any document capable of conferring a pecuniary advantage
With intent to obtain any benefit
30
Demanding with menaces
| Not Liability just elements
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239(2). 7yrs
With menaces or by way of any threat
Demands any property
From any persons
With intent to steal it
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