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Flashcards in Module 10: Violence Deck (63)
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What is Doctrine of transferred malice?

If the defendant has a mens rea of a particular crime, causes the actus reus of the same crime, they are guilty even though the result may be unintended, i.e. if the victim differs from the one intended. For example the accused assaulted another man with his belt but in addition to striking the intended victim, the belt struck a woman standing nearby. Although there was no intention to hit the woman, the doctrine of transferred malice applied and accused was also convicted of assaulting the woman.


Where is your power of arrest from?

Good cause to suspect that the offence has been committed and arrest is authorised under section 315 of the Crimes Act 1961 or section 39(1) of the Summary Offences Act 1981.


What is defence of consent in relation to an assault?

As a general rule a person can consent to the infliction of force that does not cause bodily harm.


What is implied consent in relation to assault?

People commit technical assaults every day when they touch, shake hands, kiss or hug. When they do these things, they assume the other person will consent. This is called implied consent.


Can a person consent to harm?

No, In R v Lee which related to manslaughter charges resulting from an exorcism it was held that no one may consent to the infliction of death upon themselves.

A person cannot consent to being assaulted by someone who intends harm. For example, a person inflicting harm for the sake of the victim’s sexual gratification may commit an assault, even if the victim consents.


What is the key difference between Migrant Smuggling and People Trafficking?

Migrant smuggling involves a person who has freely consented to be brought into New Zealand as an illegal immigrant and is not subjected to coercion or deception.

People trafficking involves a person who is brought into New Zealand by means of coercion and/or deception.


The investigative approach options for this crime-type broadly fall into three categories
What are they?

Reactive investigation; Proactive investigation and Disruption investigation.


What is the penalty for Trafficking people by means of coercion or deception?

20 years imprisonment or a fine not exceeding $500.000 or both.


Do you need approval from the Attorney General to prosecute for offences under 98C and 98D Crimes Act 1961.

Yes but you do not need approval to arrest and appose bail.


What is the statutory defence to a charge of blackmail under section 237(2), Crimes Act 1961)?

A belief by the person making the threat that they are entitled to the benefit or to cause the loss is not in itself a defence to a charge under Section 237(1) unless the threat is, in the circumstances, a reasonable and proper means for effecting his/her purpose.


Under Section 210A Crimes Act 1961, state the statutory defence for Kidnapping
(s. 209) and Abduction (s 210)?

A person who claims in good faith a right to the possession of a young person under the age of 16 years cannot be convicted of an offence against this section because he or she gets possession of the young person. - Crimes Act 1961 s210A


What was held in R v Crossan in relation to Section 191 Crimes Act 1961?

Incapable of resistance includes a powerlessness of the will as well as a physical incapacity.


For a charge of Discharging a Firearm with intent to do Grievous bodily harm, the 'firearm' can include airgun. Explain your answer?

Discharging firearm or doing dangerous act with intent
(1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to do grievous bodily harm,—
(a) Discharges any firearm, airgun, or other similar weapon at any person; or
(b) Sends or delivers to any person, or puts in any place, any explosive or injurious substance or device; or
(c) Sets fire to any property


What was held in R v Skivington?

Larceny or theft is an ingredient of robbery, and if the honest belief that a man has a claim of right defence to larceny, then it negatives one of the ingredients in the offence of robbery, without proof of which the full offence cannot be made out.


What factors elevate the offence of Robbery Section 234 Crimes Act 1961 to Aggravated Section 235 Crimes Act 1961?

-Togther with
-Armed with offensive weapon


John waits down the road as a look out. Bill runs in and uses violence to steal smokes! Although they have acted jointly in the offending why is it not an aggravated robbery by being together with?

Not physically present together during the robbery or assault. R v Joyce.


Can a finger up a jersey pretending to be a gun be defined as an instrument or an item appearing to be a offensive weapon. Explain your answer referring to case law?

No, what is possessed must be under the definition of a thing, a person hand or fingers are not a thing. R v Bentham


What was held in R v Crossan with regard to "taking away and detaining"?

Taking away and detaining are two separate and distinct offences, the first is taking the victim away and the second is detaining them.


Define Consent as set out in R v Cox?

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


List the three intents defined under Kidnapping Section, 209 (a),(b)and (c) of the Crimes Act 1961?

(a) With intent to hold for him or her for ransom or to service or
(b) With intent to cause him or her to be confined or imprisoned or
(c) With intent to cause him or her to be sent or taken out of New Zealand


For a conviction under s210 (1) of the Crimes Act 1961 the Crown must prove what?

The defendant took, enticed or detained a person under the age of 16 years;
(a) The taking, enticement or detention was deliberate or intentional;
(b) The taking, enticement or detention was from a person who had lawful care of the young person;
(c) The defendant knew the other person had lawful care of the young person;
(d) The taking, enticement or detention was “unlawful”; and
(e) It was done with intent to deprive a parent, guardian” or other person having lawful care or charge of the young person” of possession of that young person.


Can a young person consent to being taken away for the purpose of Section 209 -210 Crimes Act 1961?

They cannot consent to being taken away. Section 210(3) Crimes Act 1961

For a the purposes of subsection (1) and (2) it is immaterial whether the offender believes the young person consents, or is taken or goes or is received at his or her own suggestion.


What is R v Joyce?

Crown must establish that at least two persons were physically present at the time the robbery was committed or assault occurred.


What is R v Crossan? (In relation to by any violent means renders capable of resistance)

'Incapable of resistance' includes a powerlessness of the will as well as a physical incapacity.


What is an accusation?

The word “accusation” will normally refer to an allegation that the defendant person is guilty of criminal conduct.


Abduction - Father takes daughter 15 yrs (who consents) but mum has court ordered custody. Still criminal?



Two fold test for intent. What is R v Tihi?

In addition to one of the specific intents outlined in paragraphs (a), (b) or (c), “it must be shown that the offender either meant to cause the specified harm, or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it”.


What is R v Harney?

“[Recklessness involves] foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.”


What is R v Sturm?

To cause an effect on the mind or nervous system of a person, which really seriously interferes with that persons mental or physical ability to act in any way which might hinder an intended crime.


What is the doctrine of transferred malice - R v Hunt?

Malice against the person cut is not essential; general malice is sufficient.