Violence Offences Flashcards
Define “accusation”
The word accusation will normally refer to a person being guilty of criminal conduct
Define “Recklessness”
A deliberate act to take an unjustified risk
What was held in “R v Tihi”
In relation to section 191 of the CA1961:
- the defendant intended to facilitate the commission of an imprisonable offence (or an intent detailed in a,b or c)
- he or she intended to cause the harm or was reckless to the risk
(Tiiiihhhiiii - Michael Jackson intended to harm)
Crimes Act 1961 Section 188 (2)
- with intent to injure any person (or) with Reckless Disregard for the safety of others
- wounds (or) maims (or) disfigures (or) causes GBH
- to any person
Difference between migrant smuggling and people trafficking
- Migrant smuggling is voluntary illegal introduction into NZ without coercion or deception
- people trafficking is illegal introduction to NZ through coercion or deception and once at the destination can be exploited
What’s the difference between CA1961 S188 (1) and 188 (2)
Both relate to a wounding, maim, disfigurement or GBH however the difference in the intent
Circumstantial evidence to prove intent
- words or actions before during or after
- circumstances
- the nature and seriousness of the act
Describe the difference between Wounding and GBH
- wounding, maims and disfigures refers to the type of injury
- GBH is the degree of seriousness of the injury
What is the statutory defence for blackmail
Sec 237(2) – ‘Claim of right’ – An accused can avoid liability where he or she believes in an entitlement to obtain the benefit or to cause the loss, and objectively reviewed, the threat is reasonable and proper means for bringing about that obtaining or that causing of the loss. It will be for the jury to determine whether the means were reasonable and proper.
What was held in R V Crossan regarding ‘violent means’?
The mere threat may not in itself be sufficient to constitute ‘violent means’, however if the offender accompanies the threat with an act of violence (eg brandishing a pistol at victim), it can be said that the victim was rendered incapable of resistance.
Explain the doctrine of transferred malice, including the applicable Case Law:
It is not necessary that the person suffering the harm was the intended victim. Where the Defendant mistakes the identity of the person injured, or where harm intended for one person is accidentally inflicted on another, he is still criminally responsible under doctrine of transferred malice.
R v Hunt (what a cunt)
What are the three intents for kidnapping, sec 209?
a – Intent to hold the person for ransom or service
b – Intent to cause the person to be confined or imprisoned
c – Intent to cause the person to be sent or taken out of NZ.
Define ‘injurious substance or device’ and provide an example.
The term ‘injurious substance or device’ covers a range of things capable causing harm to a person.
For example – letter containing anthrax; boiling water; electrified barbed wire perimeter fence.
What was held in relation to R V Waters, regarding the definition of a wound?
It was held that a would involves the breaking of the skin normally evidenced by the flow of blood, either externally or internally
Blackmail
Sec 237(1), Crimes Act 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
To endanger the safety of any person - With intent to:
- Cause the person to whom the threat is made to act in accordance with the will of the person making the threat
AND
To obtain any benefit or to cause loss to any other person
ingredients for demanding with intent to steal, under section 239(1) Crimes Act 1961
- 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
What are the intents of Blackmail.
- To cause the person whom the threat is made to act in accordance with the will of the person making the threat.
and
- To obtain any benefit or to cause loss to the other person
State and explain the three main investigative approach options for people trafficking and migrant smuggling.
- Reactive investigation
Victim led and often initiated by an approach to Police by the victim or another person acting on behalf of the victim. - Proactive investigation
Police led. A combination of standard investigation techniques supplemented by intelligence resources to identify and locate the traffickers, gathering evidence and instigates proceedings against them. - Disruptive investigation
Appropriate in circumstances where the level of risk to the victim demands an immediate response and pro-active or reactive approaches are not practicable options
‘Stupefies’ according to R v Sturm
Cause an effect on the mind or nervous system of a person which seriously interferes with that persons mental or physical ability to act in a way which might hinder an intended crime. Rendered senseless, unconscious and includes administration of drugs has led to disinhibition and stimulated uncharacteristic behaviours.
R v Taisalika
Nature of the blow and gash which it produced on the complainants head would point strongly to the presence of the necessary intent.
When investigating a serious assault what additional circumstantial evidence may assist in proving intent?
- Prior threats
- Evidence of premeditation
- Use of a weapon
- Whether any weapon used was opportunistic or purposely brought
- Number of blows
- Degree of force used
- Body parts targeted eg the head
- Degree of resistance of helplessness of the victim eg unconscious
What was held in R V Skivington.
Theft is an ingredient of robbery, and if the honest belief that a man has claim of right is a defence to theft, then it negates one of the elements of robbery, without proof of which the full offence is made out. A belief in a claim of right is a defence to robbery.
