Multichoice Flashcards
What constitutes recklessness?
R v Harney - Foresight of dangerous consequences together with an intention to continue the course of conduct regardless of the risk
What was held in 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”.
Jim sees Billy with a new iphone. Jim wants to buy one like it so he tells Billy to give him the phone to play with or else he will punch him in the head. Billy gives him the phone and runs away. What is Jim’s criminal liability?
Robbery
What was held in R v Crossan?
“Incapable of resistance” includes a powerlessness of the will as well as a physical incapacity.
A mere threat constitutes violent means
A combination of threats and violence constitutes violent means
In relation to takes away and detains which of the following is correct?
Detains and Takes Away are different therefore create different offences.
A child in the legal custody of her mother has an argument with her mother. She calls her father and tells him to pick her up. He agrees and pick her up… What offence has the father committed?
Nil because he did not intend to deprive the mother permanently of possession.
What is held in R V Joyce?
Two people in a joint enterprise actively involved in the robbery
In relation to blackmail what is an accusation?
A criminal allegation against a person
What is the difference between 188 & 189?
The Victims outcome/injuries
What is the difference between migrant smuggling and people trafficking?
Migrant smuggling involves a person who has freely consented to be brought into NZ as an illegal immigrant and people trafficking involves a person who is brought into NZ by means of coercion and/or deception.
What is the difference between Sec 188 (1) and (2)?
Same outcome different intent
Some chick befriended an old lady, chick finds out that the old lady has a lot of cash in her bank acc. Demands for the lady to give up the pin number or she’ll tell her family not to have anything to do with her anymore:
Demands with intent to steal
Define “accusation”:
the word accusation will normally refer to an allegation that the defendant person is guilty of criminal conduct
Detain and Takes away are diff therefore prosecution must specify which one is being used: something similar to that
R V Crossan
