To Study Violence

Question 1

Aggravated Assault (1) Act, Section, Elements

Answer 1

Aggravated Assault - Section 192(1) CA1961

Assaults any person

With intent to:

(a) Commit or facilitate the commission of any imprisonable offense; or
(b) Avoid detection of himself or any other person in the commission of any imprisonable offense; or
(c) Avoid arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offense.

Question 2

Aggravated Assault (2) Act, Section, Elements

Answer 2

Aggravated Assault Section 192(2) CA1961

• Assaults
• Any Constable or
• Any 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.

Question 3

Elements of Assault

Answer 3

• Intentionally applying or attempting to apply force to the person of another, directly or indirectly, or
• Threatening by any act or gesture to apply force to the person of another, in circumstances where the victim believes the offender will be able to carry out the threat.

Question 4

Peneha v Police

Answer 4

It is sufficient that the defendants’ act’s forcibly interfere with the personal freedom of the victim.

Question 5

R v Wells

Answer 5

there is no requirement that the harm be inflicted on the victim of the robbery, it can include any other person present.

Question 6

R v Mitchell

Answer 6

There may be occasions where property is handed over to a theif as a result of threats previously made that are still operating on the mind of the victim.

Question 7

Assault with Intent to Rob - Name, Act, Section

Answer 7

Assault with Intent to Rob - 236 CA1961

• With intent to
• Rob
• Any person
  (a) Causes grievous bodily harm to that person or any other person; or
  (b) being armed wt any offensive weapon or instrument, or anything appearing to be such a weapon or instrument, assaults that person or any other person; or
  (c) being together with any other person or persons, assaults that person or any other person.

Question 8

Abduction of a Young Person Under 16 (1)

Answer 8

Section 210(1) CA 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 a young person
• Unlawfully
• Takes or entices or detains
• The young person

Question 9

Abduction (Receives) of a young person under 16 - Act, section, elements

Answer 9

Abduction 210(2)

Receives

A young person

Knowing that he or she has been unlawfully taken away or enticed away or detained

with intent to deprive a parent or guardian or other person having the lawful care or charge or possession of him or her of the possession of him or her.

Question 10

R v M

Answer 10

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.

Question 11

Discharging Firearm with Intent Section 198(1)(a) CA 1961

Answer 11

Section 198(1)(a) CA 1961

• With intent to do GBH
• Discharges any Firearm, Airgun or other similar weapon
• At any person

Question 12

Doing Dangerous Act with Intent Section 198(1)(b) CA 1961

Answer 12

Section 198(1)(b) CA 1961

• With intent to do GBH
• Sends any person or, delivers to any person or, puts in any place.
• Any explosive or injurious substance

Question 13

Using any firearm against law enforcement officer, etc - Section 198A(1) CA 1961

Answer 13

Section 198A(1) CA 1961
- Uses any 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 weather or not that the person is a constable, traffic officer, prison offer so acting.

Question 14

Using any firearm against law enforcement officer, etc - Section 198A(2) CA 1961

Answer 14

Section 198A(2) CA 1961
- Uses any firearm in any manner whatever

• With intent to resist the lawful arrest or detention of himself, herself or any other person

Question 15

R v Pekepo

Answer 15

A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient proof. An intent to shoot that person must be established.

Question 16

Police v Parker

Answer 16

“Use in any manner whatever”, is to contemplate a situation short of actually firing the weapon and includes presenting the rifle too.

Question 17

Simester and Brookbanks - knowing

Answer 17

Knowing means, “knowing or correctly believing” The defendant may believe something wrongly but cannot “know” something is false.

Question 18

R v Kelt

Answer 18

“Having” a firearm requires a very close physical link and degree of immediate control over the weapon.

Question 19

R v Fisher

Answer 19

In regard to section 198(A)(1) it is necessary for the crown to prove that the accused knew someone was attempting to arrest or detain them.

Question 20

R v Swain

Answer 20

To deliberately remove a sawn-off shotgun from a bag after being confronted by Police amounts to use of that firearm.

Question 21

Define Pistol

Answer 21

Any firearm designed or adapted to fire with one hand and includes any firearm less than 762cm in length.

Question 22

Military-style semi-automatic (MSSA) definition

Answer 22

A semi-automatic firearm with one or more of the following features:

• Folding or telescopic butt
• Bayonet lugs
• A Flash suppressor
• Capable of holding more than 12 .22 rimfire cartridges
• Capable of holding more than 7 cartridges (or 10 if detachable)

Question 23

Blackmail Act, section, elements

Answer 23

Blackmail Section 237 CA 1961

• Threatens, expressly OR by implication
• to make any accusation against any person (whether living or dead)

OR

• 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:
  (a) cause the person to whom the threat is made to act in accordance with the will of the person making the threat; and
  (b) to obtain any benefit OR to cause loss to any other person.

Question 24

Define threatens

Answer 24

to state one’s intention to take hostile action against another

Question 25

Define Accusation

Answer 25

An allegation that a person is guilty of criminal offending.

Question 26

Define Disclosure

Answer 26

The revelation of information which would cause serious embarrassment or emotional distress.

Question 27

Define Obtains

Answer 27

To retain for himself or any other person

Question 28

Define Benefit re black mail

Answer 28

Any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.

Question 29

Define Pecuniary Advantage

Answer 29

Financial gain, enhancement of a person's financial position.

Question 30

Define Privilege

Answer 30

A special right or advantage, need not be a financial one.

Question 31

Define Valuable consideration

Answer 31

Money or money's worth

Question 32

Statutory defense to Blackmail? Statutory defense to Blackmail?

Answer 32

Section 237(2) CA1971 - The person making the threat must believe they were entitled to obtain the benefit or cause the loss and; believe it was a proper and reasonable means of effecting their purpose.

Question 33

What are the five phases of a Blackmail investigation?

Answer 33

- Initial report phase - Mobilisation phase - Consolidation phase - Investigation and operation phase - (negotiation, payment, pseudo payment, intervention / arrest) - Reactive phase

Question 34

Demanding with intent to Steal, etc (1) - Act, Section, Elements

Answer 34

Demanding with intent to Steal, etc - Section 239(1) CA1961 - Without claim of right - By force OR with any threat - Compels - Any person - To execute OR make OR accept OR endorse OR alter OR destroy any document capable of conferring a pecuniary advantage - With intent to - Obtain any benefit

Question 35

Demanding with intent to Steal, etc (2), (Menaces) - Act, Section, Elements

Answer 35

- With Menaces or by any threat - Demands any property - From any person - With intent to steal it

Question 36

Difference between Smuggling Migrants and Trafficking in persons

Answer 36

Smuggling migrants involves a perosn hwo has freely consented to be brought to New Zealand as an illegal immigrant and is not subject to coercion or deception. Trafficking persons involves a person who is brought to New Zealand by means of coercion and / or deception for the purpose of forced labor, organs, sexual exploitation.

Question 37

Smuggling Migrants (1) - Section, Act, Elements

Answer 37

Smuggling Migrants Section 98C(1) CA1961 - Arranges for an unauthorised migrant to enter New Zealand OR any other state if he or she - does so for a material benefit; and - either knows that the person is, or is reckless as to whether the person is, an unauthorised migrant.

Question 38

Smuggling Migrants (2) - Section, Act, Elements

Answer 38

Smuggling Migrants Section 98C(2) CA1961 - Arranges for an unauthorised migrant to be brought to New Zealand or any other state, if he or she - Does so for a material benefit; and - either knows that the person is, or is reckless as to whether the person is an unauthoriesed migrant and either; - knows that the person intends to try to enter the state OR is reckless as to whether the person intends to try enter the state.

Question 39

What is the penalty for people trafficking and smuggling?

Answer 39

Term of imprisonment not exceeding 20 years or A fine not exceeding $500,000.00 or Both

Question 40

Trafficking in Persons (1)(a) - Section, Act, Elements

Answer 40

Trafficking in Persons Section 98D(1)(a) CA1961 - Arrangers OR organises OR procures - The entry of a person into OR the exit of a person out of New Zealand OR any other State - For the purpose of exploiting or facilitating the exploitation of the person; or - Knowing that the entry or exit of the person involves 1 or more acts of deception of the person, or both

Question 41

Trafficking in Persons (1)(b) - Section, Act, Elements

Answer 41

Trafficking in Persons Section 98D(1)(b CA1961 - Arranges OR organises OR procures - the reception OR recruitment OR transport OR transfer OR concealment OR harboring of a person in New Zealand Or any other State - For the purpose of extorting OR facilitating the exploitation of the person; OR - Knowing that the reception, recruitment, transport, transfer, concealment or harboring of the person involves 1 or more acts of coercion against the person OR 1 or more acts of deception of the person OR both.