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DDC Case Law/Offence Study > Violence Offences > Flashcards

Violence Offences Flashcards

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1
Q

Wounds with Intent to GBH, section/elements?

A

Section 188(1) CA1961

With intent to cause GBH
To Any person
Wounds
Any person

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2
Q

Wounds with intent to Injure, Section/Elements?

A

Section 188(2) CA1961

With intent to injure any person
Wounds
Any person

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3
Q

Injures with Intent to Wound, Section/elements?

A

Section 189(1) CA1961

With intent to cause GBH
To anyone
Injures
Any person

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4
Q

Injuring intent to injure, Section/elements?

A

Section 189(2)CA1961

With intent to Injure any person
Injured
Any person

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5
Q

Case law intent

A

R v Collister- intent is is inferred with words,actions before during and after the incident. The surrounding circumstances. The nature of the act itself.

R v Taisilika- the nature of the blow and gash which it produced, point strongly to the necessary intent.

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6
Q

Injury defined

A

Section 2, CA1961- Actual bodily harm.

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7
Q

Person defined

A

Gender neutral- proved by Judicical
Notice

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8
Q

Case law Wound

A

R v Waters- the breaking of the skin evidenced by the flow of blood

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9
Q

Aggravated wounding, Section/elements? A,b,c.

A

Section 191, CA1961
-intent to
A) commit or facilitate the commission of any imprisonable offence
B)avoid detection of himself or another person
C)avoid arrest of himself or another upon the commission of any offence

Wounds
Stupefies
Maims
Renders unconscious
Renders incapable of resistance

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10
Q

Case law Aggravated Wounding

A

R V Tihi- offender meant to cause the specified harm.

R v Waiti- there must be proof of the commission of an offence

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11
Q

GBH defined

A

DPP v Smith- bodily harm needs no explanation and grievous means no more and no less than really serious.

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12
Q

Intent- elements

A

1)Intent to do a deliberate act
2) Intent to get a specific result

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13
Q

What happened with R v Hunt?

A

Whilst attempting to stab a property owner, inflicted a superficial cut to another person. He was found guilty as the court deemed he had the necessary intent to cause grievous bodily harm. The question is not what the wound is, but what was intended.

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14
Q

What was found in R v Donaldson?

A

The defendant performed indecent acts on the victim whilst he was unconscious, the victim had no recollection.but once he learned of them they had a profound psychological impact.Bodily harm in s188 includes psychiatric injury.

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15
Q

Case law disfigurement?

A

R v Rapana and Murray- the word disfigure covers not only permanent damage but also temporary damage.

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16
Q

Case law R v Donovan?

A

Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but must no doubt be more than merely transitory or trifling.

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17
Q

What do the court of appeal find in terms of psychiatric injury?

A

Mere emotions, such as fear, distress or panic, would not suffice, expert evidence should be called identifying a recognised psychiatric illness.

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18
Q

Cameron v R?

A

Recklessness is established if
A) the defendant recognised that there was a real possibility that
-his or her actions would bring about the proscribed result, and or
-that the proscribed circumstances existed and
B) having regard to that risk those actions were unreasonable

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19
Q

What happened and what were the findings in R v Waiti?

A

The defendant was present during a riot, where police officers were attacked. He fled the scene but was caught by a constable.
He assaulted the cop to try escape. He was charged with riot and aggravated assault.

Findings- he was acquitted in the riot so therefore could not be charged with the aggravating assault. He was found guilty of common assault.

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20
Q

Aggravated assault, section and elements?

A

Section 192,CA1961
(1) assaults any person
With intent
A) to commit or facility the commission of and imprisonable offence
B) to avoid detection of himself or another
C)to avoid arrest or facility flight of himself or another.

2) assaults any constable or person acting in aid of a constable.

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21
Q

Elements of Assault?

A

-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.

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22
Q

Intent under s198 case law?

A

R v Pekepo
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.

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23
Q

Section 198(1)a,b,c,CA1961?

A

Discharging firearm or doing dangerous act with intent.
A) discharges any firearm or airgun or other similar weapon at any person
B)sends or delivers to any person or puts in any place any explosive or injurious substance or device
C)sets fire to any property

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24
Q

Using any firearm against law enforcement officer, section/elements?

A

Section 198A(1)CA1961
-uses any firearm in any manner whatever against any
-constable or traffic officer or prison officer
-acting in the course of his or her duty
-knowing that, or being reckless wether or not
-that person is a member of the police, or a traffic officer, or a prison officer so acting.

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25
What was found in R v Swain?
Purposefully removing a sawn of shotgun from a bag after being confronted by or called upon by a police constable amounts to a use of that firearm within the meaning of S198A CA1961.
26
What was found in Police v Parker?
When confronted by police he produced a loaded sawn of shotgun and aimed it at the constable with his finger on the trigger, before it was thrown on the ground. The court suggested use in any manner is to contemplate a situation short of actually firing the weapon. It could also Include the use of firearms in unconventional ways such as a club.
27
What was found in Fisher v R?
It is necessary in order to establish a charge under 198A(2) for the crown to prove the offender knew someone was attempting to arrest or detain them.
28
Section 198B, CA1961? And liable imprisonment?
Commission of an imprisonable offence with firearm -10 years
29
Explain difference between ‘uses’ in S198A and 198B?
198A- uses any firearm in any manner whatever(eg use as a club) 198B- does not contain phrase in any manner meaning narrower meaning to the term( eg presents, fires or displays in menacing manner)
30
Max length to be a pistol?
762mm
31
Interpretation for restricted weapon?
S2, Arms Act 1983 Restricted weapon means any weapon, whether firearm or not declared by the governor general by order in council made under section 4 to be a restricted weapon.
32
Section 66, Arms Act 1983?
Occupier or driver deemed to be in possession, unless he can prove it’s not his property and that it was in the possession of some other person.
33
Incapable of resistance case law?
R v Crossan Includes a powerlessness of the will, a physical incapacity. Taking away and detaining are separate and distinct offences.
34
Robbery, section/elements?liable imprisonment?
Section 235,CA1961. -Theft -Accompanied by violence or threats of violence -To any person or property -Used to extort the property stolen or prevent or overcome resistance to its being stolen 10 years
35
Theft section/elements?
Section 219,CA1961 -Dishonestly -Without claim of right -Takes -Any property -With intent to permanently deprive the owner of the property
36
What was found in R v Skivington?
Theft is an element of robbery and if the honest belief that a man has claim of right is a defence to theft, then it negates the element of theft in robbery.
37
Peneha v Police?
Is sufficient that the action of the defendant forcibly interfere with the personal freedom or a forcible powerful or violent action or motion.
38
What was found in R v Lapier?
Robbery is complete the moment the property is taken, even if possession by the thief is momentary.
39
Case law Possession?
R v Cox Possession involved 2 elements. The first physical, to have custody or control. The second mental. Is a combination of both knowledge and Intention. Knowledge in the sense of awareness by accused of the substance in his possession and an intention to exercise possession.
40
Actual vs potential possession?
Actual- in physical control Potential- potential to have physical control, eg stored at an associates house.
41
R V Maihi?
There must be a connection between the act of stealing and threat or violence.Both must be present. However does not require the act of stealing and the threat of violence be contemporaneous.
42
Extort meaning?
To obtain by violence, coercion or intimidation or to extract forcibly
43
Aggravated robbery, section 235(a) elements?
A) Robs any person and the time of or immediately before or immediately after, the robbery causes GBH to any person
44
Aggravated robbery, section 235(c) elements?
C)being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument, robs any other person.
45
Aggravated robbery, section 235(b) elements?
B)being together with any other person, robs any person
46
GBH case law?
DPP v Smith Bodily harm needs no explanation and grevious means no more and no less then really serious Grievous refers to degree of harm rather than nature or how it was caused.
47
What was found in R v Joyce?
Must establish that at least two persons were physically present at the time.
48
What was found in R V Galey?
Being together involves two or more people having the common intention to use their combined force, to commit the offence of robbery.
49
Is part of a persons body a thing? Refer to case law.
Part of a body is not a thing. In R v Bentham the accused uses his finger under his jacket to give the impression he had a gun. However if the court was to accept the finger as a thing it could theoretically be ordered by the court to be taken from the offender into the possession of the police.
50
Assault with intent to rob section 236(1)a,b,c elements?
A)causes GBH B)Being armed with any offensive weapon C) together with any other person
51
What is section 236(2) CA1961? Liable imprisonment?
Assault with intent to rob 7 years
52
Blackmail section/elements?
Section 237,CA1961 -A person who -Threatens expressly or by implication to make any accusation against any person(living or dead) -to disclose something about any person, or to cause serious damage to property or endanger the safety of any other person 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. B)to obtain any benefit or to cause loss to any other person
53
Proving blackmail?
-Identity of suspect -proof of threats to -make an accusation against any person or -disclose something about any person or -cause serious damage to property or -endanger the life of any person. And the suspect intended to -cause the victim to act in accordance of the will of the suspect and -obtain any benefit or to cause loss to any other person.
54
Statutory defence for blackmail?
Section 237(2) CA1961 R v Marshall- It is a defence if the defendant believed they were entitled to obtain the benefit or to cause the loss and objectively viewed the making of the threat was a reasonable and proper means for obtaining the benefit or causing the loss. It is for the jury to determine whether the means are reasonable and proper.
55
Demanding with intent to steal section/elements?
Section 239(1)CA1961 1) -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. 2) -With menaces or by any threat -demands any property from -any persons -with intent to steal it.
56
Abduction, section/elements?
Section 208,CA1961 -unlawfully -takes away or detains -A person -without persons consent or consent obtained by fraud or duress A) with intent to go through a form of marriage or civil union B)with intent to have sexual connection C) with intent to cause the person to go through a form of marriage or to have sexual connection with some other person
57
Unlawful meaning?
Without lawful justification, authority or excuse
58
Taking away case law?
R v Wellard- The deprivation of liberty coupled with a carrying away from the place where the victim wants to be.
59
Detaining case law?
R v Pryce Detaining is an active concept meaning to keep in confinement or custody, this is to be contrasted to the passive concept of harbouring or mere failure to hand over.
60
Consent case law?
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 judgment.
61
What was found in R v Mohi?
The offence is complete at the time of taking away so long as there is the necessary intent.
62
Circumstances and findings, R v Waaka?
Whilst carrying a comotosed women the defendant gave some thought to raping her but decided not to. Court found Intent may be formed at any time during the takeaway. So he is guilty of abduction S208(b).
63
Kidnapping section/elements?
Section 209,CA1961 -Unlawfully -Takes away or detains - A person -Withiut his or her consent or with consent obtained by fraud or duress A) with intent to hold for ransom or to service B)with intent to cause him or her to be confined or imprisoned C)with intent to cause him or her to be sent or taken out of NZ.
64
R v M?
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.
65
Abduction of young person under 16, Section/elements?
Section 210(1)CA 1961. -With intent -to deprive a parent or guardian or other person having 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
66
Liable imprisonment Section 210?
7 years
67
Section 210(2)CA1961?
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 the lawful care or charge of him or her of the possession of him or her.
68
Age case law?
R v Forest and Forest The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
69
Section 209A?
For the purpose of abduction and kidnapping, A person under 16 cannot consent to being taken away or detained.
70
Section 210(3)(b)?
For the purposes of subsection (1) and (2), it is immaterial whether the offender believes the young person is of or over 16.
71
Statutory defence, Section 210?
210A- A person who claims in good faith a right to the possession of a young person cannot be convicted of an offence under section 209 or 210 because he or she gets possession.
72
Smuggling migrants, section/elements?
Section 98C(1),CA 1961 Someone who arranges for an unauthorised migrant to enter New Zealand or any other state if he or she A)does for a material benefit and B)either knows that the person is, or is reckless as to wether the person is, an authorised migrant (2) arranges for an authorised migrant to enter.
73
Subsection and Penalty for section 98C,CA 1961?
(3) the penalty is imprisonment for a term not exceeding 20 years, a fine not exceeding $500,000 or both.
74
Trafficking in persons, section/elements?
Section 98D(1)CA1961 Someone who arranges,organises or procures- A)the entry of a person into, or exit of a person out of NZ or any other state - for the purpose of exploiting or facilitating the exploitation of the person or -knowing that entry or exit of the person involves 1 or more acts of coercion against the person, 1 or more acts of deception of the person or both (B) The reception,transport,transfer,concealment, or harbouring of a person involves NZ or any other state
75
Investigative approach types for people trafficking?
-Reactive investigation -proactive investigation -disruptive investigation
76
What is reactive investigation?
Victim lead and often initiated by an approach to police by the victim or another person acting on behalf of the victim.
77
What is proactive investigation?
Police led. A combination of standard investigation techniques supplemented by Intelligence resources to identify and locate the traffickers, gather evidence and instigate proceedings against them.
78
What is disruptive investigation?
Appropriate in circumstances where the level of risk to the victim demands and immediate response, and pro active or reactive approaches are not practicable options.
79
What is migrant smuggling?
Migrant smuggling involves a person who has freely consented to be brought into NZ as an illegal immigrant and is not subjected to coercion or deception.
80
What is people trafficking?
People trafficking 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. Eg forced labour for removal of organs or most commonly sexual exploitation.
81
Do you need approval from the Attorney general to prosecute for offences under 98C and 98D?
Yes, but you don’t need approval to arrest or oppose bail.
82
Define firearm S(2) Arms Act 1983?
Anything from which any shot, bullet, missile or other projectile can be discharged by force of explosive.
83
Section 198A(2)?
Use any firearm against law enforcement -use a firearm in any manner whatever -with intent to resist -the lawful arrest or detention of himself or herself or of any other person
84
Explosive defined?
S(2)AA83- Any substance or mixture capable of decomposition to result in an explosion or pyrotechnic effect,excluding fireworks.
85
R v Maihi?
There must be a connection between the act of stealing and threat of violence.Both must be present but don’t need to be made contemporaneously.
86
3 broad classes of offensive weapons?
-Item made solely for the purpose of attacking. -items altered to cause injury -Anything capable of causing injury and carried for that purpose.
87
Serious assault circumstantial evidence- proof of intent?
Prior threats Body area targeted Weapon bought or opportunistic Use of a weapon Number of blows Degree of force used Evidence of premeditation Resistance or helplessness of the victim
88
Demanding with intent to steal, section/elements?
Section 239, CA1961 -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 pecuniary advantage -with intent to obtain any benefit
89
Section 239(2),CA1961?
-With menaces or by any threat -demands any property -from any person -with intent to steal it.
90
Two fold test for intent?
R v Tihi -The defendant intended to facilitate the commission of an imprisonable offence. -he or she intended to cause the specified harm or was reckless at to that risk.

DDC Case Law/Offence Study (14 decks)

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