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Flashcards in Violence Practice Test Deck (52)
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Jim goes to a party and takes with him 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.


Explain difference between 188(1) and 188(2)

The difference between 188(1) and 188(2) is the intent,
The Intent for 188(1) is to cause GBH to any person and carries a max sentence of 14 years.
The intent in 188(2) is intent to injure or with reckless disregard for the safety of others and carries a max sentence of 7 years.


List examples (8) of circumstantial evidence to show intent:

Prior threats
Evidence of premeditation
The use of a weapon
Whether any weapon used was opportunistic or purposely brought
The number of blows
The degree of force used
The body parts targeted by the offender (eg the head)
The degree of resistance or helplessness of the victim (eg unconscious).


To charge someone with receiving a young person – what must you prove?

1. The defendant recieved a person under the age of 16 years;
2. The receiving was intentional;
3. The defendant knew the young person had been unlawfully taken or enticed away or detained by another from a parent, guardian or other person having lawful care or charge of the him or her of the possession of that young person; and
4. The defendant intended by reason of the receiving to deprive a parent, guardian or other person having lawful care or charge of him or her of the possession of that young person.


Blackmail legislation:

237 Blackmail
(1) 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.


Demands intent to steal legislation:

239 Demanding with intent to steal, etc

(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.


List the 3 intents for aggravated wounding or injuring

(a) to commit or facilitate the commission of any imprisonable offence; or
(b) to avoid the detection of himself or herself 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 herself or of any other person upon the commission or attempted commission of any imprisonable offence


List 3 acts which can accompany the intent to do GBH for section 198 CA 1961

(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


Discuss claim of right in robbery using case law?

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.”


Discuss taking away and detaining for kidnapping referencing case law?

R v Crossan
Taking away and detaining are “separate and distinct offences. The first consists of taking [the victim] away; the second of detaining her. The first offence was complete when the prisoner took the woman away against her will. Then, having taken her away, he detained her against her will, and his conduct in detaining her constituted a new and different offence.”

R v Wellard
The essence of the offence of kidnapping is the “deprivation of liberty coupled with a carrying away from the place where the victim wants to be”

R v Pryce
Detaining is an active concept meaning to “keep in confinement or custody”. This is to be contrasted to the passive concept of “harbouring” or mere failure to hand over.


Discuss intent for abduction referring to case law?

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.


Define a firearm?

(a) means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive;

(Nice to know)
The term “firearm” and “airgun” are defined by Section 2 Arms Act 1983. The primary difference being that a firearm acts by force of explosive, whereas an airgun acts by force of compressed air or gas.


List four examples of restricted weapons:

(1) Anti-tank projectors and ammunition therefore
(2) Grenade dischargers, grenade launchers and grenades containing explosives
(3) Incendiary grenades; including the type commonly known as a Molotov cocktail and consisting of
(a) a container or containers, the only or principal contents of which is an inflammable liquid or mixture; and
(b) a means of ignition of the inflammable substance or mixture, whether that
means is a wick, an explosive or other device, a fuse, or a chemical.
(4) Machine carbines or guns, submachine carbines or guns and machine pistols, of any kind whatsoever, including those operated by gas or compressed air and including all other firearms capable of full automatic fire
(5) Mines of an explosive nature, of any kind whatsoever
(6) Mortars of military kinds and ammunition therefore
(7) Rocket launchers and ammunition therefore


210(1) Crimes Act 1961

210 Abduction of young person under 16

(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.


Investigative approach for people trafficking – three sections:

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, gather evidence and instigate 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.


Define exploit:

In relation to a person, means to cause, or to have caused, that person, by an act of deception or coercion, to be involved in—
(a) prostitution or other sexual services:
(b) slavery, practices similar to slavery, servitude, forced labour, or other forced services:
(c) the removal of organs.


Good faith defence?

Section 210A, Crimes Act 1961

A person who claims in good faith a right to the possession of a young person under the age of 16 years cannot be convicted of an offence against section 209 or section 210 because he or she gets possession of the young person.


What do you need to obtain permission for from attorney general for people smuggling cases?

You need approval from the Attorney General to prosecute for offences under sections 98C and 98D Crimes Act 1961,

But you do not need approval to arrest and oppose bail.


Extort definition

To “extort” means “to obtain by violence, coercion or intimidation or to extract forcibly.”


The offence 198 Discharging firearm/ Doing Dangerous act with intent – The offence complete when a firearm is discharged, accompanied by what?

• intent to do grievous bodily harm
• intent to injure, or reckless disregard for the safety of others.


Liability for using firearm against law enforcement officer

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.

(2)Every one is liable to imprisonment for a term not exceeding 10 years 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


Explain rendered incapable of resistance using case law.

In R v Crossan the defendant, intending to rape the victim, presented a loaded revolver at her and threatened to shoot her unless she submitted to sexual intercourse.

It was held that a mere threat may not in itself be sufficient to constitute “violent means”, but when the person making the threat is brandishing a loaded revolver in circumstances that cause the victim to submit to his will in the belief that he will carry out his threat unless she does so, it can be said that she was rendered incapable of resistance by violent means just as effectually as if she were physically incapable.


Explain "Being together with" using case law in regards to section 235

The term “together with” requires that two or more people are actually present and acting together in the commission of the robbery.

R v Joyce

The Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.”


Describe accusation?

“Accusation” will normally refer to an allegation that the person is guilty of criminal offending whether or not any formal charges have been filed.
It is immaterial whether the substance of the accusation is true or false, and the accusation does not need to relate to the person from who the demand is made.


If a mother has a parenting order in place to have custody of her 15 year old daughter but the father takes the daughter who wants to go with her father, is this still an offence?

Yes this is an offence of Abduction of a young person under 16, section 210 (1) Crimes Act 1961.

Under section 210 (3) it is immaterial whether the young person consents, or is taken or goes or is received at his or her own suggestion.


When dealing with an aggravated wounding or injuring charge what are the two other intents that need to be shown? use case law in your answer.

R v Tihi
“it must be shown that the offender either meant to cause the specified harm, or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it”.


How is something determined to be reckless? use case law for your answer

Cameron v R

Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.


What is the doctrine of transferred malice

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 the Doctrine of Transferred Malice, despite the wrong target being struck.


What are the three intent for kidnapping

(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


Define injurious substance or device and provide an example

The term “injurious substance or device” covers a range of things capable of causing harm to a person; for example, a letter containing Anthrax powder that is mailed to a political target.