Summative 3

Question 1

knowledge

Answer 1

Knowing means knowing or correctly believing Simester and Brookbanks The defendant may believe something wrongly, but cannot know something that is false

Question 2

Rape

Answer 2

Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis - (a) without person B’s consent to the connection and (b) without believing on reasonable grounds that person B consents to the connection Section 128(2), Crimes Act 1961

Question 3

R V Joyce

Answer 3

‘Being together’ require two or more people acting (physically present together) in the commission of an offence

Question 4

R V Galey

Answer 4

“Being together” in the context of section 235(b) involves “two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime.”

Question 5

Genitalia

Answer 5

Genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is male, female or of indeterminate sex) Section 2, Crimes Act 1961

Question 6

R v Morley

Answer 6

Loss…is assessed by the extent to which the complainant’s position prior to the (offence) has been diminished or impaired

Question 7

R V Crossan

Answer 7

Incapable of resistance means a powerlessness of the will as well as a physical incapacity

Question 8

Penetration

Answer 8

Introduction and penetration have the same meaning. Introduction to the slightest degree is enough to effect a connection. Section 2(1A), Crimes Act 1961

Question 9

R v Sturm (stupefies)

Answer 9

To “stupify” means to 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

Question 10

Penis

Answer 10

Penis includes a surgically constructed or reconstructed organ analogous to a naturally occurring penis (whether the person concerned is male, female or of indeterminate sex) Section 2, Crimes Act 1961

Question 11

Aggravated Robbery (Offensive weapon) Section Act Penalty Ingredients

Answer 11

Section: 235(c) Act: Crimes Act 1961 Penalty: 14 years Ingredients 1. Being armed with any offensive weapon OR Instrument OR anything appearing to be such a weapon or instrument *********************** 2. Robs ************************ 3. Any person

Question 12

Arson (1)(a) Section Act Penalty Ingredients

Answer 12

Section: 267(1)(a) Act: Crimes Act 1961 Penalty: 14 years Ingredients 1. Intentionally OR recklessly 2. Damages by fire OR Damages by means of explosives 3. Any Property 4. If he or she knows or ought to know that danger to life is likely to ensue

Question 13

Renders unconcious

Answer 13

To render a person unconscious, the offenders actions must cause the victim to lose consciousness

Question 14

Offensive weapon

Answer 14

Any article made or altered for use for causing bodily injury or intended by the person having it with him for such use Section 202A(1), Crimes Act 1961

Question 15

Damages by fire

Answer 15

Although fire damage will often involve burning or charring, it is not necessary that the property is actually set alight; melting, blistering of paint or significant smoke damage may be sufficient

Question 16

Facilitate flight

Answer 16

To make possible or to make easy or easier The specified harm is caused to enable the offender(s) to more easily effect their escape, or to prevent their capture after the commission or attempted commission of an imprisonable offence

Question 17

R V Wati

Answer 17

There must be proof of the commission or attempted commision of a crime either by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate

Question 18

Property

Answer 18

Includes any real or personal property and any estate or interest in any real or personal property, money, electricity or any debt or any thing in action or any other right or interest Section 2, Crimes Act 1961

Question 19

R V Archer

Answer 19

Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value

Question 20

Life

Answer 20

“life” in this context means human life, and the danger must be to the life of someone other than the defendant.

Question 21

Sexual connection

Answer 21

(a) Connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical reasons of (i) a part of the body of another person or (ii) an object held or manipulated by another person or (b) Connection between the mouth or tongue of one one person and a part of another persons genitalia or anus or (c) continuation of connection of a kind described in paragraph (a) or paragraph (b) Section 2, Crimes Act 1961

Question 22

Sexual conduct with a young person under 16 (Sexual connection) Section Act Penalty Ingredients

Answer 22

Section: 134(1) Act: Crimes Act 1961 Penalty: 10 years Ingredients 1. everyone *********************** 2. Has sexual connection ************************ 3. With a young person

Question 23

R V Tihi

Answer 23

In addition to one of the specific intents outlined in paragraphs (a), (b) or (c) it must be shown 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

Question 24

R V Maihi

Answer 24

It is implicit in ‘accompany’ that there must be a nexus (connection or link) between the act of stealing….and a threat of violence. Both must be present. “However the term does not require that the act of stealing and the threat of violence be contemporaneous…”

Question 25

Threats of violence

Answer 25

A “threat”is generally a direct or veiled warning that violence will be used if the victim does not submit to the robbers demands. Threats may also be conveyed by inference through the defendant’s conduct, demeanor or even appearance, depending on the circumstances.

Question 26

R V Waters

Answer 26

Wound A breaking of the skin would be commonly regarded as a characteristic of a wound. The breaking of the skin will be normally evidenced by a flow of blood, and in its occurrence at the site of the blow or impact, the wound will more often than not be external but there are those cases where the bleeding which evidences the separation of tissues may be internal

Question 27

R V Broughton (1986) 1 NZLR

Answer 27

A threat of violence is “the manifestation of an intention to inflict violence unless the money or property be handed over, the threat may be direct or veiled. It may be conveyed by words or conduct or a combination of both.”

Question 28

Extort

Answer 28

To “extort” means “to obtain by coercion or intimidation” Extortion implies the overbearing of the will of the victim and the prosecution must show that the threats induced the victim to part with his property

Question 29

Sexual violation by rape Section Act Penalty Ingredients

Answer 29

Section: 128(1)(a) Act: Crimes Act 1961 Penalty: 20 years Ingredients 1. A Person *********************** 2. Rapes ************************ 3. Another person

Question 30

Aggravated wounding (avoid arrest/Facilitate flight) Section Act Penalty Ingredients

Answer 30

Section: 191(1)(c) Act: Crimes Act 1961 Penalty: 14 years Ingredients 1. With intent to avoid arrest or facilitate flight of himself or of any other person in the commission or attempted commission of any imprisonable offence *********************** 2. Wounds OR Maims OR Disfigures OR causes GBH OR Stupefies OR renders unconscious OR by any violent means renders the person incapable of resistance ************************ 3. any person

Question 31

R V Lapier

Answer 31

Robbery is complete the instant the property is taken, even if possession by the theif is only momentarily

Question 32

R V Taisalika

Answer 32

The nature of the blow and the gash which it produced on the complainants head, would point strongly to the presence of the necessary intent

Question 33

ADVOKATE

Answer 33

A - Amount of time under observation

D - Distance

V - Visibility

O - Obstructions

K - Known or seen before

A - Any reason to remember

T - Time lapse/delay

E - Errors or discrepincies

Question 34

Witness Interview Monitor Duties

Answer 34

• Scrutinise the interview for areas that need clarification
• Be alert to errors in communication or confusion between the interviewer and the witness
• Take accurate and legible notes
• Record significant timings
• Provide feedback

Question 35

Specified Offences under S29 VRA

Answer 35

• An offence of a sexual nature
• An offence of serious assault that is not sexual in nature
• An offence that has resulted in the serious injury, death or incapability of a person
• An offence of any kind that has led the victim for having ongoing and reasonable fears for their own or their immediate family’s physical safety or security

Question 36

Victim

Answer 36

• A person who is an offence is committed against
• A person who suffers a physical injury or loss or damage to property due to an offence
• A parent or legal guardian of a child that falls within the previous two points (unless they are the offender)
• A member of the immediate family of a person who, as a result of an offence, dies or becomes incapable (unless they are the offender)

Question 37

Four duties of a scene guard

Answer 37

• Deny access to the scene any person who is not approved by the O/C scene or directly related to the investigation of the scene
• Record the details of all persons entering and exiting the scene, including their reasons for doing so.
• Control access to the scene by directing any persons entering to the common approach path and ensuring they use it.
• Recording the details of any vehicles or persons of interest that linger near or repeatedly approach the scene.

Question 38

Initial Action in relation to Suspects

Answer 38

• Record all details and ask to cooperate with Police (remove from scene immediately, by consent or with lawful justification)
• If they refuse to cooperate consider if grounds exist to arrest or detain them and what for
• Consider searching the Suspect and any vehicles used or buildings entered by them for evidential material under S&S
• Search the area around the suspect and the most likely paths used between their location and the scene location for any evidential material they may have disposed of or tried to conceal.

Question 39

Section 16, Search and Surveillance Act 2012

Answer 39

A constable may search a person without warrant in a public place if the constable has reasonable grounds to believe that the person is in possession of evidential material relating to an offence punishable by imprisonment for a term of 14 years or more.

Question 40

Section 15, Search and Surveillance Act 2012

Answer 40

A constable may enter and search a place without a warrant if he or she has reasonable grounds -

a) to suspect that an offence punishable by imprisonment for a term of 14 years or more has been committed, or is being committed, or is about to be committed; and
b) to believe -
i) that evidential maerial relating to the offence is in that place; and
ii) that, if entry is delayed in order to obtain a search warrant, the evdential material will be destroyed, concealed, altered, or damaged.