Violence Work Ons

Question 1

What was held in R v Wati

Answer 1

There must be proof of the commission or attempted commission of an imprisonable offence either by the person committing the assault or by the person whose flight they intend to facilitate or arrest they intend to avoid

Question 2

What was held in R v Cox in relation to possession

Answer 2

Possession has two parts;
Physical; actual or potential physical custody or control
Mental; an awareness of possession and intention to exercise that possession

Question 3

What are the five phases of Blackmail Investigation

Answer 3

Report phase
Mobilisation phase
Consolidation Phase
Investigation and Operational Phase
-Negotiation
-Payment/Pseudo Payment
-Intervention and arrest
Reactive phase (may include prosecution)

Question 4

What is section and elements of the statutory defence to Blackmail

Answer 4

Defence to Blackmail
S.237(2) CA1961

If the defendant showed that they believed they were entitled to cause the loss or obtain the benefit and that the making of the threat was a reasonable and proper way to obtain the benefit or cause the loss

It will be for a judge or jury to decide if the means were reasonable and proper

Question 5

List the section, punishment and elements for Dangerous Act

Answer 5

Dangerous Act
S.198 (1)(b)
14yrs Imprisonment

-With intent to cause GBH
-Sends, delivers (or) puts in any place
-Any explosive or injurious substance or device

Question 6

List the section, punishment and elements for Commission of Imprisonable Offence with Firearm

Answer 6

Commission of Imprisonable Offence with Firearm
S.198B(1) CA1961
10 yrs Imprisonment

a) -in committing any imprisonable offence, uses any firearm (or)
b) -whilst committing any imprisonable offence has any firearm with him/her, that in the circumstances show a primea facie intention to use it in connection with that imprisonable offence

Question 7

List the section, punishment and elements for Discharging a Firearm

Answer 7

Discharging a Firearm
S.198 (1) (a) CA1961
14yrs Imprisonment

-With intent to cause GBH
-Discharges any firearm, air gun or other similar weapon
-At any person

Question 8

What was held in Peneha v Police

Answer 8

The defendants actions forcibly interfered with the victims personal freedom producing a marked or powerful effect

Question 9

What was held in R v Broughton

Answer 9

Threats can be veiled or direct, conveyed by words, conduct or both

Question 10

List the section, punishment and elements for Uses FA Against LEO -Resist Arrest

Answer 10

Uses FA Against LEO
S.198A(2)
10 yrs Imprisonment

-Uses any firearm in any manner whatever
-With intent to resist the lawful arrest
-Of themselves or someone else

Question 11

What was held in Police v Pekopeko

Answer 11

The discharging of a firearm in the general direction of a passerby that happens to be hit does not show sufficient intent

Question 12

List the section, punishment and elements for Aggravated Wounding

Answer 12

Aggravated Wounding
S.191 CA1961
14 yrs Imprisonment

With intent to:
-Commit (or) facilitate the commission of an imprisonable offence
-To avoid the detection of themselves or someone during the commission of an imprisonable offence
- To facilitate the flight of or avoid the arrest of themselves or someone else
-Wounds, maims, disfigures, causes GBH
-Stupefys or renders unconscious
-Or by any other violent means renders a person incapable of resistance

Question 13

What was held in Fisher v R

Answer 13

The defendant must have known that someone was attempting to detain or arrest them in order to prove the mens rea element of resist lawful arrest

Question 14

List the section, punishment and elements for Abduction of Young Person Under 16

Answer 14

Abduction of Young Person Under 16
S.210(1) CA1961
7 yrs Imprisonment

-With intent to deprive the parent (or) guardian (or) other person having lawful charge of the young person, of the possession of the young person
-Takes away (or) entices (or) detains
-A young person under 16 yrs

Question 15

List the three Investigation Approaches to People Trafficking

Answer 15

Proactive Approach -Police led, mix of normal and intelligence

Reactive Approach -Victim led, arises by victim or someone else approaching Police

Disruptive - Appropriate in circumstances where the level of risk to the victim demands an immediate response, and proactive and reactive approaches are not practicable

Question 16

List the section, punishment and elements for Blackmail

Answer 16

Blackmail
S.235 (1) CA1961
14 yrs Imprisonment

-Everyone commits blackmail who
-Expressly or by implication threatens to;
-Make an accusation against any person (living or dead)
-Make any disclosure against any person (living or dead)
-Seriously damage any property
-Endanger the safety of any person
-With intent to:
a) to cause the person being threatened to act in accordance with the will of the person making the threats AND
b) obtain any benefit or cause loss to any person

Question 17

What was held in R v Tihi

Answer 17

The defendant intended to facilitate the commission of an imprisonable offence and also intended to cause the specified harm, or was reckless as to that risk