Violence Liabilities Flashcards

(31 cards)

1
Q

Wounding with intent to cause GBH:

Section/Penalty/Elements

A

Wounding with intent to cause GBH:

CA61; S188(1)
14 years imprisonment

  1. With intent to cause GBH to any Person
  2. Wounds OR maims OR disfigures OR causes GBH
  3. Any person
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2
Q

Wounding with intent to injure/reckless disregard:

Section/Penalty/Elements

A

Wounding with intent to injure/reckless disregard:

CA61; S188(2)
7 years imprisonment

  1. With intent to injure anyone, OR with reckless disregard for the safety of others
  2. Wounds OR maims OR disfigures OR causes GBH
  3. Any person
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3
Q

Injuring with intent to cause GBH:

Section/Penalty/Elements

A

Injuring with intent to cause GBH:
CA 61; S189(1)
10 years imprisonment

  1. With intent to cause GBH
  2. To any Person
  3. Injures
  4. Any person
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4
Q

Injuring with intent to injure/reckless disregard:

Section/penalty/elements

A

Injuring with intent to injure/reckless disregard:
CA 61; S189(2)
5 years imprisonment

  1. With intent to injure anyone OR with reckless disregard for the safety of others
  2. Injures
  3. Any person
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5
Q

Aggravated wounding

Section/Penalty/Elements

A

CA61; 191(1)(a) or (b) or (c)
14 years imprisonment

  1. With Intent to

(a) commit or facilitate the commission of any imprisonable offence;
(b) avoid the detection of himself or of any other person in the commission of any imprisonable offence;
(c) With intent 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 -

  1. wounds OR maims OR disfigures OR causes GBH to any person OR stupefies OR renders unconscious any person OR by any violent means renders any person incapable of resistance.
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6
Q

Aggravated Injury:

Section/Penalty/Elements

A

CA61; 191(2)
7 years imprisonment

  1. With any such intent as aforesaid (191(a)(b)(c)).
  2. Injures any person.
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7
Q

Aggravated Assault:

Section/Penalty/Elements

A

CA61; S192(1)(a)(b)(c)
3 years imprisonment

  1. With Intent To:
    (a) Commit or facilitate the commission of any imprisonable offence; or
    (b) Avoid the detection of himself or of any other person in the commission or attempted commission of any imprisonable offence; or
    (c) Avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence.
  2. Assaults
  3. Any other person
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8
Q

Discharging Firearm with Intent

Section/Penalty/Elements

A

CA61; S198(1)(a-c):
14 years imprisonment

(1) With intent to do GBH, -

(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.

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9
Q

Doing Dangerous Act with Intent:

Section/Penalty/Elements

A

CA61; S198(2):
7 years imprisonment

  1. With intent to injure, or with reckless disregard for the safety of others
  2. Does any of the acts referred to in S198(1)
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10
Q

Using Firearm against Law Enforcement Officer (1)

Section/Penalty/Element

A

CA61; S198A(1):
14 years imprisonment

  1. Uses any firearm in any manner whatever
  2. Against any constable, OR any traffic officer, OR any prison officer
  3. Acting in the course of his or her duty
  4. Knowing that OR being reckless whether or not, that person is a constable or a traffic officer or a prison officer so acting
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11
Q

Using Firearm against Law Enforcement Officer (2)

Section/Penalty/Element

A

CA61; S198A(2):
10 years imprisonment

  1. Uses any firearm in any manner whatever
  2. With intent to resist the lawful arrest or detention of himself or herself or of any other person.
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12
Q

Commission of an Imprisonable Offence with a Firearm (a)

Section/Penalty/Elements

A

CA61; S198B(1)(a);
10 years imprisonment

  1. In committing any imprisonable offence
  2. Uses any firearm
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13
Q

Commission of an Imprisonable Offence with a Firearm (b)

Section/Penalty/Elements

A

CA61; S198B(1)(b):
10 years imprisonment

  1. While committing any imprisonable offence
  2. Has any firearm with him or her
  3. In circumstances that prima facie show an intention to use it in connection with that imprisonable offence
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14
Q

Robbery

Section/Penalty/Elements

A

CA61; S234(1)
10 Years Imprisonment

  1. Theft
  2. Accompanied by violence OR accompanied by threats of violence
  3. To any person or property
  4. Used to extort the property stolen OR prevent or overcome resistance to its being stolen
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15
Q

Theft

Section/Penalty/Elements

A

CA61; S219(1)(a)
3 months to 7 years imprisonment

  1. Dishonestly
  2. And without claim of right
  3. Takes
  4. Any property
  5. With intent to deprive any owner permanently of that property or of any interest in that property.

OR 219(1)(b) - uses or deals with property after obtaining possession or control over the property in whatever manner.

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16
Q

Aggravated Robbery - causes GBH:

Section/Penalty/Elements

A

CA61; S235(a)
14 years imprisonment

  1. Robs any person; and
  2. At the time of OR immediately before OR immediately after the robbery
  3. Causes GBH to any person
17
Q

Aggravated Robbery - Together With:

Section/Penalty/Elements

A

CA61; S235(b)
14 years imprisonment

  1. Being together with any other person or persons
  2. Robs
  3. Any Person
18
Q

Aggravated Robbery - Offensive Weapon:

Section/Penalty/Elements

A

CA61; S235(c)
14 years imprisonment

  1. Being armed with any offensive weapon OR instrument OR any thing appearing to be such a weapon or instrument
  2. Robs
  3. Any other person
19
Q

Assault with Intent to Rob - Causes GBH

Section/Penalty/Elements

A

CA61; S236(1)(a)
14 years imprisonment

  1. With intent to rob any person
  2. Causes GBH
  3. To that person or any other person
20
Q

Assault with Intent to Rob - Offensive weapon

Section/Penalty/Elements

A

CA61; S236(1)(b)
14 years imprisonment

  1. With intent to rob any person
  2. Being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument
  3. Assaults that person or any other person
21
Q

Assault with Intent to Rob - Together With

Section/Penalty/Elements

A

CA61; S236(1)(c)
14 years imprisonment

  1. With intent to rob any person
  2. Being together with any other person or persons
  3. Assaults that person or any other person
22
Q

Assault with Intent to Rob

Section/Penalty/Elements

A

CA61; S236(2)
7 years imprisonment

  1. Every one who
  2. Assaults any person
  3. With intent to rob that person or any other person

S236(2) provides an alternative charge of assault in the course of an attempt at robbery where none of the aggravating features in S235 are present.

23
Q

Blackmail

Section/Penalty/Elements

A

CA61; S237(1)
14 years imprisonment

  1. Threatens Expressly or by implication
  2. 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
  3. 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
24
Q

Demanding with Intent to Steal

Section/Penalty/Elements

A

CA 61; S239(1)
14 years imprisonment

  1. Without claim of right
  2. By force or with any threat
  3. Compels any person to execute, make, accept, endorse, destroy, or alter any document capable of conferring a pecuniary advantage
  4. With intent to obtain any benefit
25
Demanding with Menaces Section/Penalty/Elements
CA61; S239(2) 7 years imprisonment 1. With menaces or by any threat 2. Demands any property from any person 3. With intent to steal it
26
Abduction Section/Penalty/Elements
CA61; S208 (a); (b); (c) 14 years imprisonment 1. Unlawfully 2. Takes away or detains 3. A person 4. Without the person’s consent OR With the person’s consent obtained by fraud or duress - 5. With intent to: (a) go through a form of marriage or civil union with the person; or (b) have sexual connection with the person; or (c) cause the person to go through a form of marriage or civil union, or to have sexual connection, with some other person.
27
Kidnapping Section/Penalty/Elements
CA61; S209 (a); (b); (c) 14 years imprisonment 1. Unlawfully 2. Takes away or detains 3. A person 4. Without the person’s consent OR With the person’s consent obtained by fraud or duress - 5. With intent to: (a) hold him or her for ransom or to service; or (b) cause him or her to be confined or imprisoned; or (c) cause him or her to be sent or taken out of NZ.
28
Abduction of Young Person (1) Act/Section/Penalty/Elements
CA61; S210(1) 7 years imprisonment 1. 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 2. Unlawfully 3. Takes OR entices away OR detains the young person
29
Abduction of Young Person Section/Penalty/Elements
CA61; Section 210(2) 7 years imprisonment 1. Receives 2. A young person 3. Knowing that he or she has been unlawfully taken or enticed away or detained 4. 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
30
Smuggling Migrants
Smuggling migrants: CA61; S98C 20 years imprisonment; fine not exceeding $500,000, or both Involves a person who has freely consented to be brought into New Zealand as an illegal immigrant and is not subjected to coercion or deception.
31
People Trafficking
Trafficking in persons: CA61; S98DCA61; S98D 20 years imprisonment; fine not exceeding $500,000, or both Involves a person who is brought into New Zealand by means of coercion and/or deception.