Short Answers

Question 1

Doctrine of Transferred Malice 1st sentence only and R V Hunt Case Law

Answer 1

It is not necessary that the person suffering the harm was the intended victim.
R v Hunt - Malice against the person cut is not essential; general malice is sufficient.

Question 2

Definition of injurious substance and device

Answer 2

The term “injurious substance or device” covers a range of things capable of causing harm to a person; for example a letter containing Anthrax powder that is mailed to a political target

Question 3

What was held in R v Skivington

Answer 3

Theft is an ingredient of robbery, and if the honest belief that a man has a claim of right is a defence to theft, then it negatives one of the ingredients of the offence of robbery, without proof of which the full offence is not made out

Question 4

What are the three intents for kidnapping under (a), (b) and (c)?

Answer 4

(a) With intent to hold 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.

Question 5

Definition of R v Waters.

Answer 5

A wound is the breaking in the continuity of the skin with the flow of blood and can be external or internal.

Question 6

Definition of R v Kelt in relation to 198B

Answer 6

Having a firearm “with him” requires a very close physical link and a degree of immediate control over the weapon by the man alleged to have the firearm with him”.

Question 7

What is the statutory defence for Blackmail?

Answer 7

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 or her purpose.

Question 8

Would a charge under 198A (1) fail if the police officer was trespassing.

Answer 8

Yes, Under s198A the officer must be “acting in the course of his or her duty”.
An officer, who is acting unlawfully, for example trespassing on private property without authority, cannot be said to be “acting in the course of his or her duty”

Question 9

3. Name the five intents of black mail.

Answer 9

• Make any accusation against any person (whether
living or dead), or
• Disclose something about any person (whether
living or dead), or
• 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 obtain any benefit or to cause loss to any
other person.

Question 10

4. State and explain the three main investigative approach options for people trafficking and migrant smuggling.

Answer 10

Reactive investigation
Victim led and often initiated by an approach to Police by the victim or another person acting on behalf of the victim.

Proactive investigation
Police led. A combination of standard investigation techniques supplemented by intelligence resources to identify and locate the traffickers, gathering evidence and instigates proceedings against them.

Disruptive investigation
Appropriate in circumstances where the level of risk to the victim demands an immediate response and pro-active or reactive approaches are not practicable options.

Question 11

6. Discuss case Law R v Mwai in relation to immediate harm

Answer 11

Expert medical evidence that HIV follows “a steady relentless progression” leading to AIDS and then inevitably to death was sufficient to establish that the defendant had caused grievous bodily harm.

Question 12

7. Explain R v Taisalika in relation to intoxication and intent

Answer 12

The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent.

Question 13

9. How can you prove the intent in a serious assault case

Answer 13

• 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 (eg the
head)
• The degree of resistance or helplessness of the
victim (eg unconscious).

Question 14

What are the factors that increase the charge from a robbery to being aggravated: write in full like

Answer 14

1. Robs any person and, at the time of, or immediately before or immediately after, the robbery causes GBH to any person, OR
2. being together with any other person, robs any person OR
3. being armed with an offensive weapon, instrument or anything appearing to be such a weapon or instrument, robs any person

Question 15

8. What must prosecution prove against someone who abducts a young person under Sec 210(2):

Answer 15

1. The accused received a person under age 16 AND
2. The receiving was deliberate or intentional AND
3. The accused knew that the young person had been unlawfully taken, enticed away or detained by another, from a person who had lawful possession of the young person AND
4. The accused intended by reason of the receiving to deprive the person with lawful care of possession of that young person

Question 16

Ingredients for Demand with intent to steal

Answer 16

Section 239 CA61 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 document

Question 17

Ingredients of ‘Using a Firearm Against Law Enforcement Officer’

Answer 17

Uses any firearm in any manner whatever, 
against any constable OR 
traffic officer OR 
prison officer 
acting in the course of his/her duty. 
Knowing that, OR 
being reckless whether or not 
that the person is a member of police, traffic officer or prison officer so acting.

Question 18

What questions should you ask yourself when you receive information from a CHIS about a planned robbery?

Answer 18

• Has the CHIS supplied reliable information previously?
• Has the CHIS information come from two separate sources?
• Have the staff at the intended robbery premises noticed any suspicious activity?
• Does the company deal with large amounts of cash, drugs or valuable goods?
• Can you verify the information received is correct?