Section and Elements Flashcards

1
Q

Wounding With Intent GBH

A

S188(1)

WITH INTENT TO CAUSE GBH
TO ANY PERSON
WOUNDS / MAIMS / DISFIGURES / CAUSES GBH
ANY PERSON

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2
Q

WOUNDS INTENT TO INJURE

A

S188(2)

WITH INTENT TO INJURE ANY PERSON / WITH RECKLESS DISREGARD FOR THE SAFETY OF OTHERS
WOUNDS / MAIMS / DISFIGURES / CAUSES GBH
ANY PERSON

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3
Q

INJURING WITH INTENT TO CAUSE GBH

A

S189(1)

WITH INTENT TO CAUSE GBH
TO ANY PERSON
INJURES
ANY PERSON

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4
Q

INJURING WITH INTENT TO INJURE

A

S189(2)
WITH INTENT TO INJURE ANY PERSON / WITH RECKLESS DISREGARD FOR THE SAFETY OF OTHERS
INJURES
ANY PERSON

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5
Q

AGGRAVATED WOUNDING (Facilitate Commission)

A

S191(1)(A)
WITH INTENT TO COMMIT OR FACILITATE THE COMMISSION OF ANY IMPRISONABLE OFFENCE

WOUNDS ANY PERSON
MAIMS ANY PERSON
DISFIGURES ANY PERSON
CAUSES GBH TO ANY PERSON
STUPEFIES ANY PERSON
RENDERS ANY PERSON UNCONSCIOUS
BY ANY VIOLENT MEANS RENDERS ANY PERSON INCAPABLE OF RESISTANCE

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6
Q

AGGRAVATED WOUNDING (Avoid Detection)

A

S191(1)(B)
WITH INTENT TO AVOID THE DETECTION OF HIMSELF OR OF ANY OTHER PERSON IN THE COMMISSION OF AN IMPRISONABLE OFFENCE

WOUNDS ANY PERSON
MAIMS ANY PERSON
DISFIGURES ANY PERSON
CAUSES GBH TO ANY PERSON
STUPEFIES ANY PERSON
RENDERS ANY PERSON UNCONSCIOUS
BY ANY VIOLENT MEANS RENDERS ANY PERSON INCAPABLE OF RESISTANCE

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7
Q

AGGRAVATED WOUNDING (Avoid Arrest Facilitate flight)

A

S191(1)(c)
WITH INTENT TO AVOID THE ARREST OR FACILITATE THE FLIGHT OF HIMSELF OR ANY OTHER PERSON UPON THE COMMISION OR ATTEMPTED COMMISION OF AN IMPRISONABLE OFFENCE

WOUNDS ANY PERSON
MAIMS ANY PERSON
DISFIGURES ANY PERSON
CAUSES GBH TO ANY PERSON
STUPEFIES ANY PERSON
RENDERS ANY PERSON UNCONSCIOUS
BY ANY VIOLENT MEANS RENDERS ANY PERSON INCAPABLE OF RESISTANCE

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8
Q

AGGRAVATED INJURES

A

S191(2)

WITH INTENT

TO COMMIT OR FACILITATE THE COMMISSION OF ANY IMPRISONABLE OFFENCE
TO AVOID THE DETECTION OF HIMSELF OR OF ANY OTHER PERSON IN THE COMMISSION OF AN IMPRISONABLE OFFENCE
TO AVOID THE ARREST OR FACILITATE THE FLIGHT OF HIMSELF OR ANY OTHER PERSON UPON THE COMMISION OR ATTEMPTED COMMISION OF AN IMPRISONABLE OFFENCE

INJURES ANY PERSON

There is no specific subsection for this offence in the CA61

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9
Q

AGGRAVATED ASSAULT

A

S192 (1) (a,b,c) CA 61 3 YRS

ASSAULTS ANY PERSON
WITH INTENT TO:
A) TO COMMIT OR FACILITATE THE COMMISSION OF ANY IMPRISONABLE OFFENCE
B) TO AVOID THE DETECTION OF HIMSELF OR OF ANY OTHER PERSON IN THE COMMISSION OF AN IMPRISONABLE OFFENCE
C) TO AVOID THE ARREST OR FACILITATE THE FLIGHT OF HIMSELF OR ANY OTHER PERSON UPON THE COMMISION OR ATTEMPTED COMMISION OF AN IMPRISONABLE OFFENCE

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10
Q

AGGRAVATED ASSAULTS POLICE

A

192(2)
Assaults
A constable or person acting in the aid of any constable or any person in the lawful execution of any process.
With intent to obstruct the person so assaulted in the execution of his duty

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11
Q

DISCHARGING A FIREARM WITH INTENT

A

S198(1)(a) 14 yrs

WITH INTENT TO DO GBH
DISCHARGES ANY
FIREARM / AIRGUN / OTHER SIMILAR WEAPON
AT ANY PERSON

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12
Q

DANGEROUS ACT WITH INTENT (EXPLOSIVE/SUBSTANCE)

A

S198(1)(B)

WITH INTENT TO DO GBH

SENDS TO ANY PERSON / DELIVERS TO ANY PERSON / PUTS IN ANY PLACE

ANY EXPLOSIVE OR INJURIOUS SUBSTANCE

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13
Q

DANGEROUS ACT WITH INTENT (FIRE)

A

S198(1)(C)

WITH INTENT TO DO GBH

SETS FIRE TO ANY PROPERTY

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14
Q

USING FIREARM AGAINST LEO (KNOWING/RECKLESS)

A

S198A (1) CA 61

USES A FIREARM IN ANY MANNER WHATEVER

AGAINST ANY - CONSTABLE
TRAFFIC OFFICER
PRISON OFFICER

ACTING IN THE COURSE OF HIS OR HER DUTY

KNOWING THAT OR BEING RECKLESS WHETHER OR NOT THAT PERSON IS A CONSTABLE, TRAFFIC OFFICER, PRISON OFFICER SO ACTING

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15
Q

USING FIREARM AGAINST LEO (INTENT TO RESIST/ANY PERSON)

A

S198A(2)

USES A FIREARM IN ANY MANNER WHATEVER

WITH INTENT TO RESIST THE LAWFUL ARREST OR DETENTION OF HIMSELF, OR ANY OTHER PERSON

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16
Q

COMMISSION OF AN IMPRISONABLE OFFENCE WITH A FIREARM (USES)

A

198B(1)(a)
IN COMMISSION OF ANY IMPRISONABLE OFFENCE
USES A FIREARM

17
Q

COMMISSION OF AN IMPRISONABLE OFFENCE WITH A FIREARM (HAS PRIMA FACIE)

A

198B(1)(b)
WHILE COMMITTING AN IMPRISONABLE OFFENCE
HAS ANY FIREARM WITH HIM

IN CIRCUMSTANCES THAT PRIMA FACIE SHOW AN INTENTION TO USE IT IN CONNECTING WITH THAT IMPRISONABLE OFFENCE

18
Q

ROBBERY

A

S234(1)

THEFT
- DISHONESTLY
- WITHOUT CLAIM OF RIGHT
- TAKES
- ANY PROPERTY
- WITH INTENT TO DEPRIVE THE OWNER PERMANENTLY

ACCOMPANIED BY VIOLENCE / THREATS OF VIOLENCE

TO ANY PERSON OR PROPERTY

USED TO EXTORT THE PROPERTY STOLEN OR TO PREVENT OR OVERCOME RESISTANCE TO IT BEING STOLEN

19
Q

AGGRAVATED ROBBERY (CAUSES GBH)

A

235(A)
ROBS

ANY PERSON

AND AT THE TIME OF, IMMEDIATELY BEFORE OR IMMEDIATELY AFTER THE ROBBERY

CAUSES GBH

TO ANY PERSON

20
Q

AGGRAVATED ROBBERY (TOGETHER WITH)

A

235(B)
TOGETHER WITH ANY PERSONS OR PERSON
ROBS
ANY PERSON

21
Q

AGGRAVATED ROBBERY (OFFENSIVE WEAPON)

A

235(C)
BEING ARMED WITH ANY OFFENSIVE WEAPON OR INSTRUMENT OR ANYTHING APPEARING TO BE SUCH A WEAPON

ROBS

ANY OTHER PERSON

22
Q

ASSAULT WITH INTENT TO ROB (GBH)

A

236(1)(A)
WITH INTENT TO ROB ANY PERSON
CAUSES GBH
TO THAT PERSON OR ANY OTHER PERSON

23
Q

ASSAULT WITH INTENT TO ROB (OFFENSIVE WEAPON)

A

236(1)(B)

WITH INTENT TO ROB ANY PERSON
BEING ARMED WITH ANY OFFENSIVE WEAPON OR INSTRUMENT OR ANYTHING APPEARING TO BE SUCH A WEAPON OR INSTRUMENT
ASSAULTS THAT PERSON OR ANY OTHER PERSON

24
Q

ASSAULT WITH INTENT TO ROB (TOGETHER WITH)

A

236(1)(C)
WITH INTENT TO ROB ANY PERSON
BEING TOGETHER WITH ANY OTHER PERSON OR PERSONS
ASSAULTS THAT PERSON OR ANY OTHER PERSON

25
Q

ASSAULT WITH INTENT TO ROB

A

236(2) 7 YRS
ASSAULTS ANY PERSON
WITH INTENT TO ROB THAT PERSON OR ANY OTHER PERSON

26
Q

BLACKMAIL

A

S237 CA 61
BLACKMAIL 14 YEARS

(1)
EVERYONE COMMITS BLACKMAIL WHO THREATENS EXPRESSLY OR BY IMPLICATION TO MAKE ANY ACCUSATION AGAINST ANY PERSON (LIVING OR DEAD) TO DISCLOSE SOMETHING ABOUT ANY PERSON (LIVING OR DEAD) OR TO CAUSE SERIOUS DAMAGE TO PROPERTY OR ENDANGER THE SAFETY OF ANY PERSON WITH INTENT
TO CAUSE THE PERSON TO WHOM THE THREAT IS MADE TO ACT IN ACCORDANCE WITH THE WILL OF THE PERSON MAKING THE THREAT
TO OBTAIN ANY BENEFIT OR CAUSE LOSS TO ANY PERSON

(2) EVERYONE WHO ACTS IN THE MANNER DESCRIBED IN (1) IS GUILTY OF BLACKMAIL EVEN THOUGH THAT PERSON BELIEVES THAT HE OR SHE IS ENTITLED TO THE BENEFIT OR TO CAUSE THE LOSS UNLESS THE MAKING OF THE THREAT IS IN THE CIRCUMSTANCES A REASONABLE AND PROPER MEANS FOR EFFECTING HIS PURPOSE

(3) BENEFIT MEANS PECUNIARY ADVANTAGE, BENEFIT, PRIVILEGE, PROPERTY, SERVICE OR VALUABLE CONSIDERATION.

27
Q

DEMANDING WITH INTENT TO STEAL (compels)

A

S239(1) CA 61 14 YEARS

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.

28
Q

DEMANDING WITH INTENT TO STEAL (MENACES)

A

239(2) CA61 7YRS

with menaces or by any threat,
demands any property
from any persons with intent to steal it

29
Q

ABDUCTION

A

S208(A,B,C)
UNLAWFULLY

TAKES AWAY OR DETAINS

ANY PERSON

WITHOUT CONSENT OR WITH CONSENT OBTAINED BY DURRESS OR FRAUD

WITH INTENT TO

A) FORM A MARRAIGE OR CIVIL UNION
B) TO HAVE SEXUAL CONNECTION
C) TO CAUSE THAT PERSON TO GO THOUGH MARRAIGE / CIVIL UNION / SEXAUL CONENCTION WITH ANOTHER PERSON

30
Q

KIDNAPPING

A

209(A,B,C) CA 61

UNLAWFULLY

TAKES AWAY OR DETAINS

ANY PERSON

WITHOUT CONSENT OR WITH CONSENT OBTAINED BY DURRESS OR FRAUD

WITH INTENT TO

A) HOLD HIM FOR RANSOM/SERVICE
B) CAUSE HIM TO BE CONFINED OR IMPRISONED
C) TO CAUSE HIM TO BE SENT OR TAKEN OUT OF NZ

31
Q

ABDUCTION OF A YOUNG PERSON UNDER 16 (takes away/detains/entices)

A

S210(1) CA 61 7YRS

With intent to deprive a parent or guardian or other person having lawful care or charge of a of a young person

Unlawfully takes away or entices away or detains the young person

(3)
For purpose of (1) and (2) it is immaterial whether the young person consents or is taken or goes or is received at his or her own suggestion and
It is immaterial whether the offender believes the young person to be of or over the age of 16

32
Q

ABDUCTION OF A YOUNG PERSON UNDER 16 (receives)

A

210(2)
Receives

A young person

Knowing that he or she has been unlawfully taken or entice away or detained with intent to deprive a parent or guardian or other person having the lawful care of custody

(3)
For purpose of 1 and 2 it is immaterial whether the young person consents or is taken or goes or is received at his or her own suggestion and
It is immaterial whether the offender believes the young person to be of or over the age of 16.