Serious Assaults Flashcards
(138 cards)
1
Q
Wounding With Intent
Section, Act and Elements
A
Section 188(1), Crimes Act 1961
- With intent to cause GBH
- To any person
- Wounds or Maims or Disfigures or Causes GBH
- To any person
2
Q
Wounding With Intent (Reckless)
Section, Act and Elements
A
Section 188(2), Crimes Act 1961
- With intent to injure any person OR With reckless disregard for the safety of others
- Wounds or Maims or Disfigures or Causes GBH
- To any person
3
Q
Intent v Outcome
Difference between 188(1) and 188(2)
A
- The distinction between the two subsections is the offenders intent.
- In (1) the offender intends to cause GBH
- In (2) the offender intends to only injure the Victim although the outcome is a greater degree of harm than anticipated.
4
Q
Intent
Definition
A
- To commit the act and get a specific result
5
Q
R v Collister
Intent case law
A
An offenders intent can be inferred by;
- Offenders actions or words before, during or after the event
- Surrounding circumstances
- Nature of the act itself
6
Q
Proving Intent in Serious Assault Cases
additional circumstantial evidence
A
- Prior threats
- Evidence of premeditation
- The use of a weapon
- Whether any weapon used was opportunistic or purposely brought
- The number of blows
- The degree of force used
- The body parts targeted by the offender
- The degree of resistance or helplessness of the victim
7
Q
R v Taisalika
Intent case law
A
The nature of the blow and gash which it produced would point strongly to the presence of the necessary intent.
8
Q
R v Hunt
Degree of harm case law
A
Wounding, maiming or disfiguration does not need to be grievous, if in causing that harm the defendant had intent to cause really serious harm.
9
Q
DPP v Smith
GBH definition
A
- GBH can be defined simply as harm that is really serious
- Bodily harms needs no explanation and grievous means no more and no less than really serious.
10
Q
R v Waters
Wounds case law
A
A wound involves the breaking of the skin and normally evidenced by a flow of blood. This can be either externally or internally.
11
Q
Wounding v GBH
Difference between terms
A
- A wound refers to the type of injury caused, whereas the term grievous refers to the degree or seriousness of the injury.
12
Q
Maiming
Definition
A
- Depriving another of the use of a limb or one of the senses.
13
Q
Disfigurement
Definition
A
- To deform or deface or alter the figure or appearance of a person.
14
Q
R v Rapana and Murray
Disfigurement case law
A
The word disfigure covers not only permanent damage but also temporary damage.
15
Q
Doctrine of Transferred Malice
Definition
A
- It is not necessary that the person suffering harm was the intended Victim. Where the Defendant mistakes identity or where harm is accidentally inflicted on another he is still criminally liable.
16
Q
Injure
Definition
A
- Cause actual bodily harm.
17
Q
R v Donovan
Bodily Harm case law
A
Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim, it does not need to be permanent.
18
Q
Reckless
Definition
A
- Consciously and deliberately taking an unjustifiable risk.
19
Q
Cameron v R
Recklessness case law
A
Recklessness is established if
- The Defendant recognised that there was a real possibility that their actions would bring about the proscribed result and the proscribed circumstances existed AND
- Having regards to that risk those actions were unreasonable
20
Q
Injures With Intent
Section, Act, Elements
A
Section 189(1), Crimes Act 1961
- With intent to cause GBH
- To anyone
- Injures
- Any person
21
Q
Injures With Intent (Reckless)
Section, Act, Elements
A
Section 189(2), Crimes Act 1961
- With intent to injure any person OR With reckless disregard for the safety of others
- Injures
- Any person
22
Q
Aggravated Wounding
Section, Act, Elements
A
Section 191(1), Crimes Act 1961
- With intent to commit or facilitate the commission of any imprisonable offence OR
- To avoid detection of himself or of any other person in the commission of any imprisonable offence OR
- To avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
- Wounds, maims, disfigures, or causes grievous bodily harm to any person, or
- Stupefies or renders unconscious any person, or
- By any violent means renders any person incapable of resistance
- Any person
23
Q
Aggravated Wounding (Injures) *Section, Act, Elements*
A
Section 191(2), Crimes Act 1961
- With intent to commit or facilitate the commission of any imprisonable offence OR
- To avoid detection of himself or of any other person in the commission of any imprisonable offence OR
- To avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
- Injures
- Any person
24
Q
Two-fold Test for Intent
In relation to Agg Wounding
A
- The Defendant intended to facilitate the commission of an imprisonable offence AND
- They intended to cause the harm or were reckless as to that risk
25
R v Tihi
| *Aggravated Wounding Intent case law*
It must be shown that the offender either meant to cause the specified harm or foresaw the actions were likely to expose others to the risk
26
Facilitate
| *Definition*
- Intentionally or recklessly causes the specified harm in order to make it easier to commit the intended imprisonable offence.
27
Avoid Detection
| *Definition*
- Causes the specified harm to prevent them or another being caught in the act
28
Facilitate Flight
| *Definition*
- Specified harm is caused to enable the offender or offenders to more easily make their escape or prevent their capture
29
R v Wati
| *Facilitate Flight case law*
There must be proof of the commission or attempted commission of a crime either by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate.
30
Stupefies
| *Definition*
- Cause an effect on the mind or nervous system of a person, which really seriously interferes with that person's mental or physical ability to act in any way which might hinder an intended crime
31
Renders Unconscious
| *Definition*
- Cause to be or cause to become
32
Violent Means
| *Definition*
- The application of force that physically incapacitates a person or inflicting debilitating injuries.
- It is not limited to physical violence and may include threats of violence depending on circumstances
33
Aggravated Assault
| *Section, Act, Elements*
Section 192(1), Crimes Act 1961
- Any Person
- With intent to commit or facilitate the commission of any imprisonable offence OR
- To avoid detection of himself or of any other person in the commission of any imprisonable offence OR
- To avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
- Assaults another person
34
Aggravated Assault
| *For a conviction you must prove*
- You must prove all elements of assault for a conviction which are; intention to apply or attempt to apply force to another, application or attempted application of force whether directly or indirectly or threaten to apply force in circumstances where the victim believes the offender will be able to carry out the threat
- It must also be proven that (a), (b) or (c) of Section 192 was intended at the time of the assault
35
Discharging Firearm or Doing Dangerous Act with Intent
| *Section, Act, Elements*
Section 198(1), Crimes Act 1961
- With Intent to do grievous bodily harm
- Discharges any firearm, airgun, or other similar weapon at any person or
- Sends or delivers to any person, or puts in any place, any explosive or injurious substance or device or
- Sets fire to property
36
Discharging Firearm or Doing Dangerous Act with Intent (Injures / Reckless)
*Section, Act, Elements*
Section 198(2), Crimes Act 1961
- With intent to injure or with reckless disregard for the safety of others
- Does any of the acts referred to in subsection (1) of this section
37
Discharging Firearm or Doing Dangerous Act with Intent
| *Mens Rea and Actus Rea*
- Intent to GBH, intent to injure, reckless disregard for the safety of others
- Discharging a firearm at a person, delivering explosives, setting fire to property
Based on intentions and actions rather than outcomes and consequences
38
R v Pekepo
| *intention to shoot case law*
A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient proof. An intention to shoot that person must be established.
39
Discharge
| *Definition*
- To fire or shoot
40
Firearm
| *Definition*
- Anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive
41
Explosive
| *Definition*
- Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect
42
Property
| *Definition*
- Includes real and personal property and any estate or interest in the real or personal property
43
Using Any Firearm Against Law Enforcement Officer
| *Section, Act, Elements*
Section 198A(1), Crimes Act 1961
- Any Person
- Uses Any Firearm in any matter whatever
- Against any constable, traffic officer, or prison officers
- Acting in the course of his or her duty
- Knowing that or being reckless whether or not that person is a member of police, or traffic officer, or prison officer
44
Using Any Firearm Against Law Enforcement Officer (Resist Arrest)
*Section, Act, Elements*
Section 198A(2), Crimes Act 1961
- Any Person
- Uses Any Firearm in any manner whatever
- With intent to resist the lawful arrest or detention of himself or herself or any other person
45
Uses In Any Manner Whatever
| *Definition*
- To fire and include a range of acts that stop short of actually shooting at an officer. Can also include the use of firearms in ways in which they are not normally used
46
R v Swain
| *Uses in any manner whatever case law*
To deliberately or purposefully remove a swan-off shotgun from a bag after being confronted by a police constable amounts to a use of that firearm within the meaning of s198A Cimes Act 1961
47
Constable
| *Definition*
- A police employee who holds the office of constable, includes a constable who holds any level of position within the New Zealand Police.
48
Acting In The Course Of Duty
| *Definition*
- Police duties arise under both statute and common law, include protecting life and property, preventing and detecting crime, apprehending offenders and keeping the peace.
49
Knowing
| *Definition in relation to police officer acting in course of duty*
- The Defendant must know the victim is a police officer and know that the officer is acting in the course of their duty or be reckless as to those facts
50
Simester and Brookbanks
| *Knowing case law*
Knowing means knowing or correctly believing.
51
Intent to Resist Lawful Arrest or Detention
| *Definition*
- It must be proved that the Defendant knew an attempt was being made to arrest or detain them, or the person they are assisting
52
Fisher v R
| *Lawful arrest or Detention case law*
To prove the accused knew someone was attempting to arrest or detain them because otherwise the element of mens rea of intending to resist lawful arrest or detention cannot be established
53
Commission of an Imprisonable Offence with Firearm
| *Section, Act, Elements*
Section 198B, Crimes Act 1961
- Any person
- In committing any imprisonable offence, uses any firearm or
- While committing any imprisonable offence has any firearm with him or her in circumstances that prima facie show an intention to use it in connection with that imprisonable offence
54
Uses Any Firearm
| *Definition in relation to 198B - commission of imprisonable offence*
- Includes firing or presenting a firearm or displaying it in a menacing manner.
55
Has With Him
| *Definition in relation to firearm*
- There must be evidence that the Defendant not only had possession, in the sense the they knowingly had custody or control of a firearm, but also that it was at the time available and at hand for them to use while committing the imprisonable offence.
56
R v Cox
| *Possession case law*
Possession involves two elements, a physical and mental component. Actual or potential control and knowledge of that possession.
57
Prima Facie
| *Definition*
- circumstances which are sufficient to show or establish intent in the absence of evidence
58
Robbery
| *Section, Act, Elements*
Section 234, Crimes Act 1961
- Theft
- Accompanied by violence or accompanied by threats of violence
- To any person or property
- Used to extort the property stolen, or prevent or overcome resistance to its being stolen
59
Theft
| *Definition*
- Dishonestly and without claim of right
- Takes any property
- With intent to deprive the owner permanently of that property
60
Dishonestly
| *Definition*
- Without a belief that there was express or implied consent for the act from a person entitled to give such consent
61
Claim of Right
| *Definition*
- A belief at the time of the act in a proprietary or possessory right in property in relation to which the offence alleged to have been committed
62
R v Skivington
| *Claim of Right case law*
Claim of right is a defence to robbery
63
R v Lapier
| *Offence complete case law*
Robbery is complete the instant the property is taken, even if just momentary
64
R v Peat
| *Returning property case law*
Returning the property does not negate the offence
65
Control
| *Definition*
- Authoritative or dominating influence
66
```
Aggravated Robbery (GBH)
*Section, Act, Elements*
```
Section 235(a), Crimes Act 1961
- Robs any person
- At the time of, or immediately before or immediately after, the robbery, causes grevious bodily harm
- To any person
67
```
Aggravated Robbery (Other Persons)
*Section, Act, Elements*
```
Section 235(b), Crimes Act 1961
- Being together with any other person or persons
- Robs
- Any Person
68
```
Aggravated Robbery (Offensive Weapon)
*Section, Act, Elements*
```
Section 235(c), Crimes Act 1961
- Being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument
- Robs
- Any Person
69
R v Maihi
| *Theft / Violence case law*
Connection between the act of stealing and threat of violence.
70
R v Mitchell
| *threats case law*
Previously made threats playing on the Victim’s mind.
71
Peneha v Police
| *Violence case law*
The actions of the Defendant forcibly interfere with the personal freedom of the victim
72
R v Broughton
| *threats conveyed*
Threat may be direct or conveyed by conduct or words or both.
73
R v Bentham
| *Weapon case law*
A persons hand or fingers is not a thing
74
R v Galey
| *common intention case law*
Common intention to use their combined force
75
R v Joyce
| *two people case law*
Two people physically present at the time of offence
76
Extort
| *Definition*
- To obtain by coercion or intimidation
77
Prevent
| *Definition*
- To keep from happening
78
Overcome
| *Definition*
- To get the better of
79
Together With
| *Definition*
- Requires two or more people physically present
| - Acting together in the commission of the robbery
80
GBH
| *Definition*
- Harm that is really serious
81
Armed
| *Definition*
- Carrying the item or has it available for immediate use as a weapon
82
Offensive Weapon
| *Definition*
- Any article capable of being used for causing bodily injury
83
Assault With Intent to Rob (GBH)
| *Section, Act, Elements*
Section 236(1)(a), Crimes Act 1961
- With intent to rob any person
- Causes grievous bodily harm to that person or any other person
84
Assault With Intent to Rob (Offensive Weapon)
| *Section, Act, Elements*
Section 236(1)(b), Crimes Act 1961
- With intent to rob any person
- Being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument
- Assaults the person or any other person
85
Assault With Intent to Rob (Other Person)
| *Section, Act, Elements*
Section 236(1)(c), Crimes Act 1961
- With intent to rob any person
- Being together with any other person or persons
- Assaults that person or any other person
86
Assault With Intent to Rob
| *Section, Act, Elements*
Section 236(2), Crimes Act 1961
- Assaults any person
- With intent to rob that person or any other person
87
Assault
| *Definition*
- The act of intentionally applying or attempting to apply force to the person of another,
directly or indirectly, or threatening by any act or gesture to apply such force to the person
of another, if the person making the threat has, or causes the other to believe on reasonable
grounds that he or she has, present ability to effect his or her purpose
88
Blackmail
| *Section, Act, Elements*
Section 237, Crimes Act 1961
- Threatens expressly or by implication, to make any accusation against any person (whether living or dead), to disclose something about any person (whether 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; and
- To obtain any benefit or to cause loss to any person
89
Police must prove the following
| *Blackmail*
- Identity of the suspect
- The suspect threatened to make an accusation, disclosure something, cause serious damage to property or endanger the safety of any person AND
- the suspect intended to cause the person to act in accordance and obtain benefit / to cause loss
90
Threaten expressly or by implication
| *Definition*
- Make clear an intention
91
Accusation
| *Definition*
- An allegation that the person is guilty of criminal offending whether or not formal charges have been filed
92
Disclosure
| *Definition*
- revelation of information which would cause serious embarrassment or emotional distress
93
Obtain
| *Definition*
- To obtain or retain for himself or herself or for any other person
94
Benefit
| *Definition*
- Any benefit, pecuniary advantage, privilege, property, service, or valuable consideration
95
Pecuniary Advantage
| *Definition*
- Economic advantage or financial gain or benefit
96
Privilege
| *Definition*
- Means a special right or advantage and need not be financial
97
Valuable Consideration
| *Definition*
- Money or money's worth
98
Statutory Defence to Blackmail
| *Section, Act, Understanding*
```
Section 237(2), Crimes Act 1961
Defence to blackmail if the person believes they are entitled to the benefit or to cause the loss AND the threat in circumstances is reasonable and proper
```
99
Demanding With Intent To Steal
| *Section, Act, Elements*
Section 239(1), Crimes Act 1961
- 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
Section 239(2), Crimes Act 1961
- With menaces or by any threat
- Demand any property from any persons
- With intent to steal it
100
Execute
| *Definition*
- Do what the law requires to give validity to the document.
101
Document
| *Definition*
- A thing which provides evidence or information or serves as a record
102
Intent To Steal
| *Prosecution required to*
- Show the Defendant acted dishonestly and without claim of right
103
Abduction
| *Section, Act, Elements*
Section 208, Crimes Act 1961
- Unlawfully
- Takes Away OR Detains
- A Person
- Without their consent OR With consent obtained by Fraud OR Duress
- With Intent to go through a form of marriage or civil union OR have sexual connection with the person OR cause the person to go through a form of marriage or civil union or to have sexual connection with some other person
104
Abduction Conviction
| *What must be proved*
- The Defendant took away or detained a person and it was intentional and unlawful
- There was no consent or consent induced by fraud or duress
- The Defendant knew there was no consent and intended to marry, have sexual connection with or cause the person to marry / sexual connection with another
105
Unlawfully
| *Definition*
- Without lawful justification, authority or excuse
106
Taking Away
| *Definition*
- Victim physically removed from one place to another.
107
R v Wellard
| *Taking Away case law*
- Kidnapping is the deprivation of liberty coupled with a carrying away from the place where the Victim wants to be
108
R v Crossan
| *Taking away v Detains case law*
- Taking away and detaining are seperate and distinct offences
109
R v Pryce
| *Detains case law*
- Active concept meaning keep in confinement or custody
110
Consent
| *Definition*
- A person's conscious and voluntary agreement to something desired or proposed by another
111
R v Cox
| *Consent case law*
- Consent must be full, voluntary, free and informed given by a person in a position to form a rational judgement
112
Consent Obtained By Fraud
| *Definition*
- Deceive the Victim into agreeing to a proposition by misrepresenting the facts or their intentions
113
Consent Obtained by Duress
| *Definition*
- Acquiesce to an offender's demands based on fear of the consequences if they refuse
114
R v Mohi
| *Intent case law*
- The offence is committed at the time of taking away so long as there is intent at that moment
115
R v Waaka
| *Intent specific case law - abduction*
- If a taking away commences without intent of intercourse but it is formed during the taking away, then that is sufficient for the purposes of the section
116
Kidnapping
| *Section, Act, Elements*
Section 209, Crimes Act 1961
- Unlawfully
- Takes Away OR Detains
- A Person
- Without their consent OR With consent obtained by Fraud OR Duress
- With Intent to hold him or her for ransom or to service OR cause him or her to be confined or imprisoned OR cause him or her to be sent or taken out of New Zealand
117
R v M
| *Crown must prove case law - kidnapping*
- The Crown must prove that the accused intended to take away or detain the complainant and that he or she knew that the complainant was not consenting
118
Intent
| *Definition*
- Intention to commit the act and get a specific result
119
Ransom
| *Definition*
- A sum of money demanded or paid for the release of a person being held captive
120
Hold to Service
| *Definition*
- Keep the Victim as a servant or slave
121
Confining
| *Definition*
- Restricting their movements within a geographical area but also curtailing their activity and exercising control and influence over them
122
Imprison
| *Definition*
- Put them in prison or confine them as if in prison
123
Sent Out Of NZ
| *Definition*
- Victim leaves the country on their own, as the result of a threat or other form of duress
124
Taken Out Of NZ
| *Definition*
- Victim is in company or custody or a person accompanying them out of NZ
125
Abduction of Young Person Under 16
| *Section, Act, Elements*
Section 210(1), Crimes Act 1961
- With intent to deprive a parent or guardian or other person having the lawful care or charge of a young person of the possession of the young person
- Unlawfully
- Takes or Entices away or Detains
- The young person
Section 210(2), Crimes Act 1961
- Receives
- A young person
- Knowing that he or she has been unlawfully taken or enticed away or detained with intent to deprive a parent or guardian or other person having lawful care or charge of him or her of the possession of him or her
126
Intent
| *In relation to 210(1)*
- There must be an intention to take the child and a specific intent to deprive the parent possession of the child
127
Intent *In relation to 210(2)
- Person receiving young person does not need intent to deprive the person with lawful care provided they knew the person responsible for the taking had that intent
128
Young Person
| *Definition*
- Someone under 16 years old
129
Forrest v Forrest
| *proof of age case law*
The best evidence possible in circumstances should be adduced by the prosecution in proof of the Victim's age
130
Proof of Age
| *How is this proven*
- Producing the Victim's birth certificate in conjunction with independent evidence that identifies the Victim as the person named in the certificate
131
Takes, Entices etc
| *Definition*
- To tempt, persuade, or attract by arousing hope or desire
132
Simester and Brookbanks
| *Knowing case law*
Knowing or correctly believing, the Defendant may believe something wrongly but cannot know something that is false
133
Consent of a Young Person
| *Defence*
- Consent is not a defence under s208-s210, a person under 16 cannot consent to being taken away or detained
134
Belief the person is over 16
| *Defence*
- It is irrelevant whether the offender believes the person is over 16 or not
135
Statutory Defence of Good Faith
| *Section, Act, Explanation*
s210A Crimes Act 1961
- A person who claims good faith a right to the possession of a young person under 16 cannot be convicted
- prosecution must negate the claim of right beyond reasonable doubt
136
Police Response to Trafficking / Smuggling
| *Three areas*
- Prevention, Protection, Prosecution
137
Difference between Smuggling and Trafficking
| *six points*
- Consent
- Purpose or travel / movement
- Relationship between the person moved and people enabling the movement
- Violence, intimidation or coercion
- Liberty
- Profit
138
Investigative Approach
| *3 types (RPD), people trafficking*
- Reactive Investigation: Led by Victim
- Proactive Investigation: Led by Police
- Disruptive Investigation: Risk to Victim demands immediate response
