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Flashcards in Violence Liabilities Deck (28)
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1

What is the Section Act, and ingredients for,

Wounding With Intent (Intent to cause GBH)

Section 188(1) Crimes Act 1961 (14yrs)

Every one who,
With intent to cause grievous bodily harm to any one,
wounds, maims, disfigures, or causes grievous bodily harm to,
any person.

2

What is the Section Act, and ingredients for,

Wounding With Intent (Intent to injure)

Section 188(2) Crimes Act 1961 (7yrs)

Every one who,
With intent to injure anyone, or with reckless disregard for the safety of others, wounds, maims, disfigures, or causes grievous bodily harm to,
any person.

3

What is the Section Act, and ingredients for,

Injuring with intent (Intent to cause GBH)

Section 189(1) Crimes Act 1961 (10 yrs)

Every one who,
With intent to cause grievous bodily harm to any one,
Injures any person.

4

What is the Section Act, and ingredients for,

Injuring with intent (Intent to injure)

Section 189(2) Crimes Act 1961 (5yrs)

Every one who,
With intent to injure any one, or
With reckless disregard for the safety of others, injures,
Any person.

5

What is the Section Act, and ingredients for,

Aggravated wounding or injury

Section 191 Crimes Act 1961 (14/7yrs)

(1) Every one who, with intent,

(a) To commit or facilitate the commission of any imprisonable offence; or
(b) To avoid the detection of himself or of any other person in the commission of any imprisonable offence; or
(c) To avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence,

Wounds, maims, disfigures, or causes grievous bodily harm to any person, or stupefies or renders unconscious any person, or by any violent means renders any person incapable of resistance.

(2) Every one who, with any such intent as aforesaid, injures any person.

6

What is the Section Act, and ingredients for,

Aggravated assault (Not on law enforcement)

Section 192(1) Crimes Act 1961 (3yrs)

Everyone who assaults any other person with intent,

(a) To commit or facilitate the commission of any imprisonable offence; or
(b) To avoid the detection of himself or of any other person in the commission of any imprisonable offence; or
(c)To avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence.

7

What is the Section Act, and ingredients for,

Aggravated assault (On law enforcement)

Section 192(2) Crimes Act 1961 (3yrs)

Every one who
Assaults any constable or any person acting in 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.

8

What is the Section Act, and ingredients for,

Discharging firearm or doing dangerous act with intent

Section 198 Crimes Act 1961 (14/7yrs)

(1) Every one who, with intent to do grievous bodily harm,
(a) Discharges any firearm, airgun, or other similar weapon at any person; or
(b) Sends or delivers to any person, or puts in any place, any explosive or injurious substance or device; or
(c) Sets fire to any property.

(2) Everyone who, with intent to injure, or with reckless disregard for the safety of others, does any of the acts referred to in subsection (1) of this section.

9

What is the Section Act, and ingredients for,

Using any firearm against law enforcement officer, etc

Section 198A Crimes Act 1961 (14/10yrs)

(1) Every one who uses any firearm in any manner whatever against
any constable, or any traffic officer, or any prison officer, acting in the course of his or her duty knowing that, or
being reckless whether or not, that person is a member of the Police or a traffic officer or a prison officer so acting.

(2) Every one who uses any firearm in any manner whatever with intent to resist the lawful arrest or detention of himself or herself or of any other person.]

10

What is the Section Act, and ingredients for,

Commission of an Imprisonable Offence with firearm
(MUST KNOW)

Section 198B Crimes Act 1961 (10yrs)

(1) Every one who,
(a) In committing any imprisonable offence, uses any firearm; or
(b) While committing any imprisonable offence, has any firearm with him or her in circumstances that prima facie show an intention to use it in connection with that imprisonable offence.

11

What is the Section Act, and ingredients for,

Robbery

(MUST KNOW)

Section 234 Crimes Act 1961 (10yrs)

(1) Robbery is theft accompanied by violence or threats of violence, to any person or property, used to extort the property stolen or to prevent or overcome resistance to its being stolen.

12

What is the Section Act, and ingredients for,

Aggravated robbery

(MUST KNOW)

Section 235 Crimes Act 1961 (14yrs)

Every one is liable to imprisonment for a term not exceeding 14 years who,
(a) robs any person and, at the time of, or immediately before or immediately after, the robbery, causes grievous bodily harm to any person; or
(b) being together with any other person or persons, robs any person; or
(c) being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument, robs any other person.

13

What is the Section Act, and ingredients for,

Assault with intent to rob

(MUST KNOW)

Section 236 Crimes Act 1961 (14/7yrs)

(1) Every one who, with intent to rob any person,
(a) causes grievous bodily harm to that person or any other person; or
(b) being armed with any offensive weapon or instrument, or any thing 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.

(2) Every one who assaults any person with intent to rob that person or any other person is liable.

14

What is the Section Act, and ingredients for,

Blackmail

Section 237(1) Crimes Act 1961 (14yrs)

Every one commits blackmail who,
Threatens, expressly or by implication, to make any accusation against any person (whether living or dead),
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,

(a) to 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.

15

What is the Section Act, and ingredients for,

Demanding with intent to steal, etc

Section 239 Crimes Act 1961 (14/7yrs)

(1) Every one who,
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) Every one who, with menaces or by any threat, demands any property from any persons with intent to steal it.

16

What is the Section Act, and ingredients for,

Abduction for purposes of marriage or civil union or sexual connection

(MUST KNOW)

Section 208 Crimes Act 1961 (14yrs)

Everyone is who unlawfully takes away or detains a person (P) without P’s consent or with P’s consent obtained by fraud or duress,
(a) with intent to go through a form of marriage or civil union with P; or
(b) with intent to have sexual connection with P; or
(c) with intent to cause P to go through a form of marriage or civil union, or to have sexual connection, with some other person.

17

What is the Section Act, and ingredients for,

Kidnapping

(MUST KNOW)

Section 209 Crimes Act 1961 (14yrs)

Every one who unlawfully takes away or detains a person without his or her consent or with his or her consent obtained by fraud or duress,

(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.

18

What is the Section Act, and ingredients for,

Abduction of young person under 16

Section 210 Crimes Act 1961 (7/7yrs)

(1) Every one who, 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 the young person, unlawfully takes or entices away or detains the young person.

(2) Every one who 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.

19

Jim goes to a party and takes with his air rifle. He says to a friend wouldn’t it be funny if I shot this into the crowd. His friend says don’t do it people might get hurt. He discharges his high powered air rifle into a crowd. Two females receive serious bleeding head wounds from the bullets and are taken to hospital.
Write a liability for criminal offending (if any) by Jim:

Discharging firearm or doing dangerous act with intent

Section 198(2) Crimes Act 1961.

Every one is liable to imprisonment for a term not exceeding 7 years who,
With intent to injure, or
With reckless disregard for the safety of others, does any of the acts referred to in subsection (1)

(a) discharges any firearm, airgun, or other similar weapon at any person; or
(b) sends or delivers to any person, or puts in any place, any explosive or injurious substance or device; or
(c) sets fire to any property.

20

Janine lives in Auckland but wants to go to a chefs school in wellington. John has been wanting Janine to marry his friend son James who lives in Wellington. He takes her to airport under the belief she is going to wellington to go to chefs school but really he is taking her to wellington so she can marry James. John pays for the plane fair and for the taxi to the airport. On the way to the airport Janine's cousin finds out what is happening and tells her what her dad has planned. She runs away from the taxi.
What if anything is Janine's dad John liable for. Write liability.

Abduction for purposes of marriage or civil union or sexual connection

Section 208 Crimes Act 1961

Every one is liable to imprisonment for a term not exceeding 14 years who unlawfully takes away or detains a person (P) without P’s consent or with P’s consent obtained by fraud or duress,—
(a) with intent to go through a form of marriage or civil union with P; or
(b) with intent to have sexual connection with P; or
(c) with intent to cause P to go through a form of marriage or civil union, or to have sexual connection, with some other person.

R v Cox - Consent
R v Mohi - Intent

21

Jane has a cool new iphone. She shows it off to her friends at school. Jasmine decides she wants Janes iphone. She goes up to her and kicks the back of her leg this causes Jane to drop the phone. Jasmine picks up the phone and runs away keeping it for herself.
What if anything is Jasmine liable for. Write liability

Robbery

Section 234(1) Crimes Act 1961

Robbery is
Theft accompanied by violence or threats of violence,
To any person or property,
Used to extort the property stolen or to prevent or overcome resistance to its being stolen.

22

Offender looked in to a house and saw an expensive cat that he wanted to commit a burglary to steal. Using a key he had prior acquired he unlocked the back door and entered the house. The victim was in bed but heard a creak in the floor boards so went out to inspect. She disturbed the offender. The offender saw her and also saw that she was in between him and his closest exit being a door. In order for him to escape he grabbed the victim and tied her hands and feet behind her back and put masking tape across her mouth. As he was leaving he gestured to the victim by running his finger across his throat, which made the victim stop all resistance due to fear… (disregard burglary)

191(1) Aggravated wounding or injury

Every one is liable to imprisonment for a term not exceeding 14 years who with intent—

(c) to avoid the arrest or facilitate the flight of himself or herself or of any other person upon the commission or attempted commission of any imprisonable offence

Wounds, maims, disfigures, or causes grievous bodily harm to any person, or stupefies or renders unconscious any person, or by any violent means renders any person incapable of resistance.

R v Tihi
R v Wati

23

Bubbaganush is part of the sect, he asks his 17 years old daughter, Sahra to accompany him to Auckland to meet other members of the sect. Unbeknown to Sarha, Bubbaganush actually had pre-arranged for Sahra to be sent out of NZ to marry Mr SINGH, the sect elder. Sahra’s brother luckily learns of his fathers plans and stops him at the airport and tells Sahra of her fathers plans. Sahra does not want to marry Mr SINGH or fly anywhere.

208 Abduction for purposes of marriage or civil union or sexual connection

Every one is liable to imprisonment for a term not exceeding 14 years who unlawfully takes away or detains a person (P) without P’s consent or with P’s consent obtained by fraud or duress,—

(c)with intent to cause P to go through a form of marriage or civil union, or to have sexual connection, with some other person.

R v Cox - Consent
R v Mohi - Intent

24

Sarah went to the petrol station with her friend Jack. When inside Sarah separated from Jack and went to the counter. At the counter she pulled out a length of iron and yelled at the shop assistant to hand over money or she would slash her face. The shop assistant handed over $200 dollars and Sarah ran out of the store with the money. Jack was unaware of what Sarah had done but ran after Sarah.

Sarah is liable for an offence of Aggravated Robbery

235 Aggravated Robbery

Every one is liable to imprisonment for a term not exceeding 14 years who—
(c) being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument, robs any other person.

Jack is not liable as he does not have the required intent or knowledge.

R v Galey states,
“Being together” in the context of s235(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.”

25

Sarah demands lunch money from katie by threatening her, katie says she doesn’t have any money but will bring some in tomorrow, the next day katie gives sarah $10 dollars

239 Demanding with intent to steal, etc

(1) Every one is liable to imprisonment for a term not exceeding 14 years who, 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.

26

Johnny is desperate for some cash. He has fallen on hard times lately and his girlfriend has left him. He decides to rob a local diary to get some cash to buy his ex-girlfriend a ring in an attempt to win her back. He arms himself with a knife and puts a balaclava on his head. He enters the dairy and raises the knife at the attendant and yells at him to give him cash. At the same time Joe an innocent member of the public walks into the shop and sees what is going on. Joe yells at Jonny to Fuck off out of the store while and that he is calling the Police. Johnny becomes enraged and yells Fuck you to Joe and begins running from the store. As he runs past Joe he lunges at his chest with the knife and stabs Joe in the lungs causing a punctured lung. Johnny runs away down the street.

191 Aggravated wounding or injury

(1) Every one is liable to imprisonment for a term not exceeding 14 years who with intent—

(c) to avoid the arrest or facilitate the flight of himself or herself or of any other person upon the commission or attempted commission of any imprisonable offence

Wounds, maims, disfigures, or causes grievous bodily harm to any person, or stupefies or renders unconscious any person, or by any violent means renders any person incapable of resistance.

Wounds - R v Waters
Intent - R v Tihi and R v Taisalika
Comission of a crime - R v Wati

27

Johnny is back walking the streets. He sees his ex-girlfriend walking down the road with another man Conan. Unbeknown to Johnny, Conan is his ex’s cousin from Australia who has come to visit. Johnny becomes enraged. He follows them down the street and watches his ex-go into a jewellery shop. Conan waits outside to have a cigarette. Johnny approaches Conan and tells him to fuck off and leave his girlfriend alone or he stab him. Before Conan can explain that he is a cousin Johnny pulls out his knife and stabs Conan in the abdomen 4 times and says that will fuckin teach you before running off down the street.

188 Wounding with intent

(1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to cause grievous bodily harm to any one, wounds, maims, disfigures, or causes grievous bodily harm to any person.

Intent - R v Taisalika
Wounds - R v Waters

28

By this time Johnny has been identified by Police as the offender for the robbery and wounding, and now has been identified as the offender for stabbing Conan. A city wide Flint has been issued and Police are actively hunting Johnny. In the meantime Johnny has armed himself with a pistol as he knows Conan’s mates are also trying to find him. Sergeant Jackson is on duty in full uniform and driving a marked Police vehicle and spots Johnny walking down the street. He calls out to Johnny who immediately draws his firearm and points it at Sergeant Jackson and tell him to” Fuck off Pig”:. Sergeant Jackson takes cover and Johnny runs away down the street before being apprehended at gunpoint by other police staff.

198A Using any firearm against law enforcement officer, etc

(1) Every one is liable to imprisonment for a term not exceeding 14 years who uses any firearm in any manner whatever against any constable, or any traffic officer, or any prison officer, acting in the course of his or her duty knowing that, or being reckless whether or not, that person is a constable or a traffic officer or a prison officer so acting.

R v Swain