Violence liabilities Flashcards

1
Q

What is S188 Crimes Act 1961?

A

188 Wounding with intent

(1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to cause grievous bodily harm to any one, wounds, maims, disfigures, or causes grievous bodily harm to any person.
(2) Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to injure anyone, or with reckless disregard for the safety of others, wounds, maims, disfigures, or causes grievous bodily harm to any person.

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2
Q

What is S189 CA1961?

A

189 Injuring with intent

(1) Every one is liable to imprisonment for a term not exceeding 10 years who, with intent to cause grievous bodily harm to any one, injures any person.
(2) Every one is liable to imprisonment for a term not exceeding 5 years who, with intent to injure any one, or with reckless disregard for the safety of others, injures any person.

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3
Q

What is S191 CA1961?

A

191 Aggravated wounding or injury

(1) Every one is liable to imprisonment for a term not exceeding 14 years who with intent—
(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—
wounds, maims, disfigures, or causes grievous bodily harm to any person, or stupefies or renders unconscious any person, or by any violent means renders any person incapable of resistance.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who, with any such intent as aforesaid, injures any person.

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4
Q

What is S192 CA1961?

A

192 Aggravated assault

(1) Every one is liable to imprisonment for a term not exceeding 3 years who assaults any other person with intent—
(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.

(2) Every one is liable to imprisonment for a term not exceeding 3 years who assaults any constable or any person acting in aid of any constable, or any person in the lawful execution of any process, with intent to obstruct the person so assaulted in the execution of his or her duty.

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5
Q

What is S198 CA1961?

A

198 Discharging firearm or doing dangerous act with intent

(1) Every one 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.

(2) 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).

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6
Q

What is S198A CA1961?

A

198A 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.

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7
Q

What is S198B CA1961?

A

198B Commission of crime with firearm

(1) Every one is liable to imprisonment for a term not exceeding 10 years who,—
(a) in committing any imprisonable offence, uses any firearm; or
(b) while committing any imprisonable offence, has any firearm with him or her in circumstances that prima facie show an intention to use it in connection with that imprisonable offence.

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8
Q

What is S234 CA1961?

A

234 Robbery

(1) Robbery is theft accompanied by violence or threats of violence, to any person or property, used to extort the property stolen or to prevent or overcome resistance to its being stolen.
(2) Every one who commits robbery is liable to imprisonment for a term not exceeding 10 years.

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9
Q

What is S235 CA1961?

A

235 Aggravated robbery

Every one is liable to imprisonment for a term not exceeding 14 years who—

(a) robs any person and, at the time of, or immediately before or immediately after, the robbery, causes grievous bodily harm to any person; or
(b) being together with any other person or persons, robs any person; or
(c) being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument, robs any other person.

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10
Q

What is S236 CA1961?

A

236 Assault with intent to rob

(1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to rob any person,—
(a) causes grievous bodily harm to that person or any other person; or
(b) being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument, assaults that person or any other person; or
(c) being together with any other person or persons, assaults that person or any other person.

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

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11
Q

What is S237 and S238 CA1961?

A

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.

(2) Every one who acts in the manner described in subsection (1) is guilty of blackmail, even though that person believes that he or she is entitled to the benefit or to cause the loss, unless the making of the threat is, in the circumstances, a reasonable and proper means for effecting his or her purpose.
(3) In this section and in section 239, benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.

238 Punishment of blackmail
Every one who commits blackmail is liable to imprisonment for a term not exceeding 14 years.

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12
Q

What is S239 CA1961?

A

239 Demanding with intent to steal, etc

(1) Every one is liable to imprisonment for a term not exceeding 14 years 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 is liable to imprisonment for a term not exceeding 7 years who, with menaces or by any threat, demands any property from any persons with intent to steal it.

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13
Q

What is S208 CA1961?

A

208 Abduction for purposes of marriage or civil union or sexual connection

Every one is liable to imprisonment for a term not exceeding 14 years who unlawfully takes away or detains a person (P) without P’s consent or with P’s consent obtained by fraud or duress,—

(a) with intent to go through a form of marriage or civil union with P; or
(b) with intent to have sexual connection with P; or
(c) with intent to cause P to go through a form of marriage or civil union, or to have sexual connection, with some other person.

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14
Q

What is S209 CA1961?

A

209 Kidnapping

Every one is liable to imprisonment for a term not exceeding 14 years who unlawfully takes away or detains a person without his or her consent or with his or her consent obtained by fraud or duress,—

(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.

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15
Q

What is S210 CA1961?

A

210 Abduction of young person under 16

(1) Every one is liable to imprisonment for a term not exceeding 7 years 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.
(2) Every one is liable to imprisonment for a term not exceeding 7 years who receives a young person, knowing that he or she has been unlawfully taken or enticed away or detained with intent to deprive a parent or guardian or other person having the lawful care or charge of him or her of the possession of him or her.

(3) For the purposes of subsections (1) and (2),—
(a) it is immaterial whether the young person consents, or is taken or goes or is received at his or her own suggestion; and
(b) it is immaterial whether the offender believes the young person to be of or over the age of 16.

(4) In this section young person means a person under the age of 16 years.

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