Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

CIB Modules > Violence > Flashcards

Violence Flashcards

1
Q

Rendered Incapable of Resistance: R v Crossan

Aggravated Wounding 191 (1) (a)(b)(c)

A

“Incapable of resistance includes a powerlessness of the will as well as physical incapacity”

A mere threat may not in itself be sufficient to constitute “violent means”. But in combination with action (brandishing a revolver for eg) may render the victim incapable of resistance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Being together with: R v Galey

Aggravated Robbery 235 (b)

A

'’Being Together’’ in the context of s235(b)Two or more people having the common intention to use combined force as circumstances might require, directly in the perpetration of the crime.
Part of a joint enterprise

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

An accusation

Blackmail

A

An accusation is – an allegation that the defendant is guilty of criminal conduct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Two Fold Test: R v Tihi

Ag Wounding and Ag Injuring 191(1) and (2)

A

Proving Offence - Two fold test for intent:
One of the intents of para (a)(b) or (c) and intended to cause specified harm or was reckless to likelihood of specified harm.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Recklessness: R v Harney

A

(Recklessness involves) foresight of dangerous circumstances that could well happen, together with an intention to continue the course of conduct regardless of the risk.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Stupefies: R v Sturm

Aggravated Wounding

A

To stupefy means to cause an effect on the mind or nervous system of a person which really seriously interferes with that person’s mental or physical ability to act in any way which might hinder an intended crime. (Does not only rendered senseless or unconscious but may also include administration of drugs that has led to uncharacteristic behaviour/inhibition).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Doctrine of Transferred Malice

A

It is not necessary that the person suffering the harm was the intended victim.

R v Hunt
Malice against the person cut is not essential; general malice is sufficient

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Injurious Substance

A

The term ‘injurious substance or device’ covers a range of things capable of causing harm to a person; for example a letter containing anthrax that is mailed to a political target. (Also boiling water)

R v Fitzgerald

Gang pad electric barbed wire fence (must be on so as likely to cause injury)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Proving intent, Serious assault – Circumstantial Evidence

A

NOB UP FED/U

N - Number of blows
O – Opportunistic: Whether any weapon used was opportunistic or purposely brought
B - Body parts targeted by offender (eg head)

U - Use of weapon
P - Prior threats

F – Force: Degree of force
E - Evidence of premeditation
D- Degree U - (eg Unconscious) Degree of resistance or helplessness of the victim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the Statutory Defence to Blackmail under section 237(2) CA61?

A

A belief by the person making the threat that they are entitled to the benefit or to cause the loss is not in itself a defence to a charge under section 237(1) unless the threat is, in the circumstances, a reasonable and proper means for effecting his or her purpose.

  • Consideration to what is reasonable and proper. Hard bargaining v criminal blackmail
    (Canada)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Uses Firearm Against Law Enforcement Officer 198A(1)

Cop is trespassing

A

Cop is trespassing – not acting in the course of his or her duty – as acting unlawfully – ingredient negated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Demanding with intent to steal

239 (1) – 14 years

A

Without claim of right,

By force or with any threat,

Compels any person to execute,

Make, endorse, alter, or destroy

Any document capable of conferring a pecuniary advantage

With intent to obtain any benefit.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Blackmail

237 (1) – 14 years (238)

A

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 person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Question to be asked of a CHIS in relation to a Robbery:

A

Has CHIS provided reliable information previously

Has CHIS come from two separate sources

Have staff who work on target premises noticed 1C people in vicinity

Does company deal in large amounts of money drugs, valuable goods

Can you verify info as correct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

People Trafficking – investigative approaches:

A

Investigative Approach Action

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
proceeding 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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

GBH not limited to immediate harm

Wounding with Intent 188

A

Link between cause and effect must be a physical one, not one of time.

R v Mwai
Expert medical evidence that HIV follows a steady relentless progression leading to AIDS and then
inevitably to death was sufficient to establish that the defendant had caused GBH.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Intoxication in relation to Intent
Wounding 188
Injuring 189
Aggravated 191

A

R v Taisalika

Court held memory loss of past events (including due to intoxication) not same as lack of intent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Difference between Migrant Smuggling and People Trafficking

A

Migrant smuggling involves a person who has freely consented to be brought into NZ as an illegal immigrant and is not subject to coercion or deception.

People tracking involves a person who is brought into NZ by means of coercions and /or deception. People are often trafficked in order to exploit them in the destination country eg forced labour, removal or organs, sexual exploitation

Difference are:

 Consent
 Purpose of travel or movement
 Relationship between ppl moved and ppl moving them
 Violence, intimidation, coercion
 Liberty
 Profit
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Difference between 188 (1) and 188 (2)

Wounding with Intent to cause GBH
Wounding with Intent to Injure (Reckless Disregard)

A

Same outcome – different intent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Difference between 188 and 189:

Wounding with Intent
Injuring with Intent

A

Victim’s outcomes/injuries

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Second intent

A

A person may also have intended a secondary outcome, albeit a collateral one to their primary aim, if the outcome was foreseen as certain to occur.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Wounds, Maims, Disfigures refer to the type of injury.

Grievous refers to the seriousness of the injury

A
  • a stab with a knife may cause a wound but may or may not be serious
  • GBH for more serious wounds (stab 5 times in chest – GBH rather than wound)
  • Doesn’t apply to maims or disfigures
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Factors in 235 that make robbery aggravated:

A

a. Robs any person and, at the time of, or immediately before or immediately after, the robbery causes GBH to any person, OR
b. Being together with any other person, robs any person OR
c. Being armed with an offensive weapon, instrument or anything appearing to be such a weapon or instrument, robs any person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Abduction of a Young Person Under 16 – R DUD

210(2) CA 61 - 7 years

Prosecution must prove:

A

Prosecution must prove:

  1. The defendant ‘received’ a person under the age of 16; AND
  2. The receiving was deliberate or intentional; AND
  3. The defendant knew that the young person had been unlawfully taken, enticed away or detained by another from a person who had lawful possession of the young person; AND
  4. The defendant intended by reason of receiving to deprive the person with lawful care of the possession of that young person

R D U D

R - Received

D - deliberate

U - Unlawfully

D - Deprived

25
Q

Being together: R v Joyce

Ag Robbery 235(b)

A

‘Being together’ requires two or more people acting (physically present together) in the commission of an offence.

26
Q

Reckless Discharge F/Arm: R v Pekepo

Discharging a Firearm with Intent 198(1)(a)

A

A reckless discharge of a Firearm in the general direction of a passerby who happens to bit hit is not
sufficient proof. An intention to shoot that person must be established.

27
Q

Accompanied by violence: R v Maihi

Robbery 234(1)

A

It is implicit in ‘Accompany’ that there must be a nexus (a connection or link) between the act of stealing and a threat of violence. Both must be present. However the term does not require the act of stealing and the threat of violence be contemporaneous.

28
Q

Violence: Peneha v Police

Robbery 234(1)

A

It is sufficient that the actions of the defendant forcibly interfere with personal freedom or amount to forcible powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort.

29
Q

Threat of Violence: R v Broughton

Robbery 234(1)
Broughton is the MAN
A

A threat is the manifestation of an intention to inflict violence unless the money or property is handed over. The threat may be direct or veiled. It may be conveyed by words or conduct or a combination of both.

30
Q

Wound: R v Waters

Wounding
Injuring

A

A breaking of the skin would commonly be regarded as a characteristic of a wound. The breaking of skin is normally evidenced by a flow of blood and, in its occurrence at the site of a blow or impact, the wound will more often than not be external. But there are those cases where the bleeding which evidences the separation of tissues may be internal.

31
Q

Disfigure: R v Rapana and Murray

Wounding 188(1) and (2) 
Ag Wounding 191(1)
A

The word disfigure cover not only permanent damage but also temporary damage

32
Q

Bodily Harm: R v Donovan

Wounding with Intent to Injure 188(2)

A

Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent - more than merely transitory or trifling.

33
Q

Facilitate the Commission: R v Sturm

Ag Wounding 191(1)(a)

A

Under section 191 (1)(a) it is not necessary for the prosecution to prove the intended crime was actually subsequently committed.

34
Q

Facilitate Flight:R v Wati

Ag Wounding 191(1)(c)

A

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 arrest or flight he intends to avoid or facilitate.

35
Q

Unlawfully: R v Chartand

Kidnapping
Abduction

A

Unlawfully: without lawful justification, authority or excuse

36
Q

Taking away and Detaining: R v Crossan

Kidnapping
Abduction

A

Taking away and detaining are separate and distinct offences. The first consist of taking (the victim) away, the second of detaining them.

The first offence was complete when the prisoner took the women 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.

37
Q

Takes Away: R v Wellard

Kidnapping
Abduction

A

The essence of the offence of kidnapping is the depravation of liberty coupled with a carrying away from the place where the victim wants to be.

38
Q

Detains: R v Pryce

Kidnapping
Abduction

A

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

39
Q

Offence complete: R v Mohi

Kidnapping
Abduction

A

The offence is complete at the time of the taking away, so long as there is, at that moment, the necessary intent. It has never been regarded as necessary that the crown should show the intent was carried out.

40
Q

Marry

Abduction 208(a) and (c)

A

In this context the term ‘to marry’ means to engage in a marriage solemnised in accordance with the Provisions of the Marriage Act 1955

41
Q

Has a firearm with him: R v Kelt:

Commission of an Imprisonable Offence with Firearm 198B

A

Having a firearm ‘with him’ requires a very close physical link and a degree of immediate control over the weapon by the man alleged to have the firearm with him.

42
Q

Police v Parker

Using Firearm Against Law Enforcement Officer 198A

A

‘Use in any manner whatever’ is to contemplate a situation short of actually firing the weapon and to present a rifle too, I think, is equivalent to or means the same thing

43
Q

Under Section 210A CA 61, state the statutory defence for Kidnapping 209 and Abduction 210?

A

A person who claims in good faith a right to the possession of a young person under 16 cannot be convicted of an offence against this section because he/she gets possession of the young person.
210A CA 61

44
Q

What was held in R v Crossan in relation to S191 CA 61?

A

“Incapable of resistance includes a powerlessness of the will as well as physical incapacity”

Not limited to physical violence and may include threats of violence depending on circumstances.

45
Q

For a charge of Discharging a Firearm with Intent (to do GBH), the ‘firearm’ can include airgun.

A

Discharging a firearm or doing a dangerous act with intent - 198 CA 61

(1) Everyone is liable to imprisonment for a term not exceeding 14 years who, with intent to do grievous bodily harm, -
(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

46
Q

What was held in R v Skivington

A

Larceny (or theft) is an ingredient of robbery, and if it is the honest belief that a man has claim of right - is a defence to larceny, then it negatives one of the ingredients in the offence of robbery, without proof of which the full offence is not made out

47
Q

What factors elevate the offence of Robbery S234 CA61 to Ag Robbery 235 CA61

A

(a) At the time of or immediately before or immediately after caused GBH to any person
(b) Being together with any other person robs any person
(c) Being armed with any offensive weapon or instrument or anything appearing to be a weapon robs any person

48
Q

Define Claim of Right

A

Claim of Right in relation to any act, means a belief at the time of the act in a proprietary or possessory right in the property in relation to which the offence is alleged to have been committed, although the belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed

49
Q

List the three intents defined under Kidnapping s209 (a) (b) and (c) CA61

A

(a) with intent to hold him or her 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 sent or taken out of NZ

50
Q

For a conviction under s210(1) what must the crown prove?

A

The defendant took, enticed or detained a person under the age of 16 years;

(a) The taking, enticement, detention was deliberate or intentional
(b) The taking, enticement or detention was from a person who had lawful care of the young person
(c) The defendant knew the other person had lawful care of the young person
(d) The taking, enticement, detention was unlawful; and
(e) it was done with intent to deprive a parent, guardian or other person having lawful care of the young person possession of that young person

51
Q

Can a young person consent to being taken away for the purpose of S209-210 CA 61?

A

They cannot consent to being taking away Section 210(3)

It is immaterial whether the offender believes the young person consents

52
Q

The investigative approach options for Migrant Smuggling/People Trafficking fall into three categories. What are they?

A

Reactive investigation, Proactive Investigation and Disruption Investigation

53
Q

What is the penalty for Trafficking people by means of coercion or deception?

A

20 years imprisonment or a fine not exceeding $500000 or both.

54
Q

Do you need approval from the Attorney General to prosecute for offences under 98C and 98D CA?

A

Yes but you do not need approval to arrest and oppose bail.

55
Q

Section 188(2) CA 61

A

Wounding with Intent - 7 years

With intent to injure anyone - OR
With reckless disregard for the safety of others

Wounds OR Maims OR Disfigures OR causes GBH

to any person

56
Q

Intent of section 236

Assault with intent to Rob

A

to provide a more serious punishment for unsuccessful attempts at Ag Robbery than general law of attempts.

(1) Everyone is liable to imprisonment of a term not exceeding 14 years who, with intent to rob any person, -
(a) causes GBH to that person or any other person; or
(b) being armed with any offensive weapon or instrument, or anything appearing to be such a weapon or instrument, assaults that person or any other person; or
(c) being together with any other person or person, assaults that person or any other person

(2) Everyone who assaults any person with intent to rob that person or any other person is liable for a term not exceeding 7 years

57
Q

Uses any Firearm Against Law Enforcement Officer

198A(1) CA 61 - 14 years

A

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

58
Q

What must you prove in blackmail?

A

Prove ID of the suspect and that they threatened, expressly or by implication, to:
Make any accusation against any person(L or D)
Disclose something about any person (L or D)
Cause serious damage to property
Endanger the safety of any person with intent to:
Cause the person to act in accordance with the threat, and obtain any benefit or to cause loss to any other person

CIB Modules (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions