Violence 4 Flashcards
What are the three intentions for kidnapping?
What are the three intentions for kidnapping?
(s209 CA61)
- Unlawfully takes away
- Without his/her consent OR With his/her consent obtain by fraud or duress
With intent to hold him/her for Ransom or to Service.
With intent to cause him/her to be Confined or Imprisoned.
With intent to cause him/her to be Sent or Taken out of NZ.
What does R v Waters say a wound is.
What does R v Waters say a wound is.
A wound is a breaking of the skin evidenced by a flow of blood either external or internal.
R v Skivington.
R v Skivington.
“Larceny [or theft] is an element of robbery,
and if the honest belief that a man has a claim of right
is a defence to larceny, then it negatives one of the
elements in the offence of robbery, without proof
of which the full offence is not made out.”
Husband and wife demand their wage packets two days earlier than they were due. Defendant threatened the Manager at knife point to retrieve the cash from the safe. Aggravated robbery charge dropped on the basis that the defendant genuinely believed he was entitled to the money.
Circumstantial evidence re: proof of intent, for a serious assault.
Circumstantial evidence re: proof of intent, for a serious assault.
Evidence of premeditation
Words and actions at the time of the assault
What weapon was used was it one of opportunity or was it bought specifically for that purpose
The area of the body targeted in the head neck
The number of blows
That force used
What is the statutory defence for blackmail.
What is the statutory defence for blackmail.
Where he/she believes an entitlement to obtain the benefit or to cause the loss
AND
The threat in the circumstances is reasonable and proper means for effecting his purpose.
Where the defence is raised - the Court will determine what is reasonable and proper.
DPP V SMITH
DPP V SMITH
Bodily harm needs no explanation and grievous means no more or no less than really serious.
R V RAPANA & MURRAY(disfigure)
R V RAPANA & MURRAY(disfigure)
The word ‘disfigure’ covers “not only permanent damage but also temporary damage”.
R V DONOVAN
R V DONOVAN
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.
R V WATI (Aggravated Wounding)
R V WATI (Aggravated Wounding)
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 intendeds to avoid or facilitate.
MOHI (Kidnapping/Abduction)
MOHI (Kidnapping/Abduction)
The offence is complete once there has been a period of detention or a taking accompanied by the necessary intent, regardless of whether that intent was carried out.
