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Flashcards in Liabilities - Elements Only Deck (43)
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1

Accessory After The Fact

S71(1) CA 1961
7 Years Imp for Life Penalty
5 Years Imp for 10 Years + Penalty
Half Penalty for Under 10 Years Penalty

- Knowing Any Person to be a Party to an Offence
- Receives, Comforts or Assists That Person
OR
Tampers with or Actively Suppresses any Evidence Against him or her
- In Order to Help Him or Her to Escape after Arrest
OR
To Avoid Arrest or Conviction

2

Robbery

S234(1) CA61
10 Years Imp

- Theft
- Accompanied by Violence
OR
Threats of Violence
- To any Person or property
- Used to Extort the Property Stolen
OR
Prevent or Overcome Resistance to it being Stolen

3

Aggravated robbery (a)

S235(a) CA 1961
14 Years Imp

- Robs any Person
- And at the Time of or Immediately Before or Immediately After the Robbery
- Causes GBH to any Person

4

Aggravated robbery (b)

S235(b) CA 1961
14 Years Imp

- Being Together with any other Person or Persons
- Robs
- Any Person

5

Aggravated robbery (c)

S235(c) CA 1961
14 Years Imp

1) Being armed with any offensive weapon
OR
instrument
OR
anything appearing to be such an offensive weapon or instrument
2) Robs
3) Any person

6

Import/Export Controlled Drug

S6(1)(a) MODA 1975
Life Imp

1) Imports Into
OR
Exports From New Zealand

2) Any Controlled Drug

7

Produce or Manufacture Any Controlled Drug

S6(1)(b) MODA 1975
Life / 14 / 8 Years Imp

1) Produce
OR
Manufacture

2) Any Controlled Drug

8

Supply/Administer/Offer to Supply or Administer Class A or B Controlled Drug

S6(1)(c) MODA 1975
Life / 14 Years Imp

1) Supplies or Administers
OR
Offers to supply or administer
OR
Otherwise deal in

2) Any Class A or B controlled drug

3) To any person

9

Supply/Administer/Offer Class C Controlled Drug to Persons under 18 years of Age

S6(1)(d) MODA 1975
8 Years Imp

1) Supplies or Administers
OR
Offers to supply or administer

2) Any Class C Controlled Drug

3) To any person under 18 years of age

10

Sells or offers to sell Class C controlled drug to persons of or over 18 years of age

S6(1)(e) MODA 1975
8 Years Imp

1) Sells
OR
Offers to Sell

2) Class C Controlled Drug

3) To any person of or over the age of 18 years old

11

Possession a Controlled Drug for Supply/Administer/Sell/Offer

S6(1)(f) MODA 1975
Life / 14 / 8 Years Imp

1) Has in his possession

2) Any Controlled Drug

3) For any of the purposes set out in paras (c), (d) or (e)

12

Arson (a)

Danger to life

S267(1)(a) CA 1961
14 years Imp

- Intentionally
OR
Recklessly
- Damages by Fire
OR
Damages by means of Explosive
- Any Property
- If he or she knows or ought to know danger to life is likely to ensue

13

Arson (b)

No interest

S267(1)(b) CA 1961
14 years Imp

- Intentionally
OR
Recklessly
- And Without Claim of Right
- Damages by Fire
OR
Damages by means of Explosive
- Any immovable property or any vehicle, ship or aircraft in which that person has no interest

14

Arson (c)

Obtain benefit/cause loss

S267(1)(c) CA 1961
14 years Imp

- Intentionally
- Damages by Fire
OR
Damages by means of Explosive
- Any Immovable Property
OR
Vehicle
OR
Ship
OR
Aircraft
- With Intent to Obtain any Benefit
OR
Cause Loss to any other person

15

Arson (a) (Other)

No interest (Other property)

S267(2)(a) CA 1961
7 years Imp

- Intentionally
OR
Recklessly
- And Without Claim of Right
- Damages by Fire
OR
Damages by means of Explosive
- Any Property (other than property listed in section 267(1)) in which that person has no interest

16

Arson (b) (Other)

Obtain Benefit/Cause Loss (Other Property)

S267(2)(b) CA 1961
7 years Imp

- Intentionally
OR
Recklessly
- Damages by Fire
OR
Damages by means of Explosive
- Any Property (other than property listed in section 267(1))
- With Intent to Obtain any Benefit
OR
Cause Loss to any Person

17

Abduction

S208(a) (b) or (c) CA 1961
14 Years Imp

1) Unlawfully

2) Takes away or Detains

3) A Person

4) Without his or her consent
OR
With his or her consent obtained by fraud or duress

5) With Intent to:
a) marry him or her or
b) have sexual connection with him or her or
c) cause him or her to be married to or to have sexual connection with some other person

18

Kidnapping

Section 209 (a) or (b) or (c) CA 1961
14 Years Imp

1) Unlawfully

2) Takes away or Detains

3) A Person

4) Without his or her consent
OR
With his or her consent obtained by fraud or duress

5) With Intent to:
a) To hold him or her for ransom or to service
OR
b) To cause him or her to be imprisoned or confined
OR
c) To cause him or her to be sent or taken out of NZ.

19

Discharging a Firearm with Intent

S198(1)(a) CA 1961
14 Years Imp

- With Intent to do Grievous Bodily Harm
- Discharges any Firearm, Airgun or Similar Weapon
- At Any Person

20

Doing Dangerous Act with Intent

S198(1)(b) CA 1961
14 Years Imp

- With Intent to do Grievous Bodily Harm
- Sends or Delivers to any Person
OR
Puts in any Place
- Any Explosive
OR
Injurious Substance or Device

21

Uses any Firearm Against Law Enforcement Officer

S198A(1) CA 1961
14 Years Imp

- 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 the Person is a Constable or Traffic Officer or Prison Officer So Acting

22

Commission of an Imprisonable Offence with a Firearm

S198B(1)(a) CA 1961
10 Years Imp

- In Committing any Imprisonable Offence
- Uses any Firearm

23

Takes/Obtains a Document

S228(1)(a) CA 1961
7 Years Imp

- With Intent to Obtain any Property, Service, Pecuniary Advantage or Valuable Consideration
- Dishonestly
- And without claim or right
- Takes or Obtains any Document

24

Uses/Attempts to Use a Document

S228(1)(b) CA 1961
7 Years Imp

- With Intent to Obtain any Property, Service, Pecuniary Advantage or Valuable Consideration
- Dishonestly
- And without claim or right
- Uses or Attempts to Use any Document

25

Sexual Violation by Rape

S128(1)(a) CA 1961
20 Years Imp

- A Person
- Rapes
- Another Person

26

Sexual Violation by Unlawful Sexual Connection

S128(1)(b) CA 1961
20 Years Imp

- A Person
- Has Unlawful Sexual Connection
- With Another Person

27

Sexual Conduct with a Child Under 12

Section 132(1), (2), or (3) CA61
14, 10, or 10 Years Imp

- Everyone who
- (1) Has sexual connection with
- (2) Attempts to have sexual connection with
- (3) Does an indecent act on
- A child

28

Sexual Conduct with a Young Person Under 16

Section 134(1), (2), or (3) CA61
10, 10, or 7 Years Imp

- Everyone who
- (1) Has sexual connection with
- (2) Attempts to have sexual connection with
- (3) Does an indecent act on
- A young person

29

Indecent Assault

S135 CA 1961
7 Years Imp

- Everyone Who
- Indecently Assaults
- Another Person

30

Wounding with Intent to Cause GBH

S188(1) CA 1961
14 Years Imp

- With Intent to Cause Grievous Bodily Harm
- To any one
- Wounds
OR
Maims
OR
Disfigures
OR
Causes GBH
- To any Person