CIB 010 > Liabilities > Flashcards

Liabilities Flashcards

(26 cards)

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1
Q

Robbery

A

Section 234(1) CA - 10 Yrs Imp

  1. Theft
  2. Accompanied by Violence OR Threats of Violence
  3. To an person or property
  4. Used to extort the property stolen OR
    Prevent or overcome resistance to it being stolen.
R v Skivington - (Claim of Right)
R v Lapier - (Taking)
R v Cox - (Possession)
R v Maihi - ( Accompanied by Violence)
Peneha v Police - (Actions of the Defendant)
R v Broughton - (Threat of Violence)
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2
Q

Aggravated Robbery - GBH

A

Section 235(a) CA - 14 Yrs Imp

  1. Robs any person
  2. And at the time of or immediately before or immediately
    after the robbery
  3. Causes GBH to any person

DPP v Smith - (GBH Meaning)

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3
Q

Aggravated Robbery - Together With

A

Section 235(b) CA - 14 Yrs Imp

  1. Being together with any other person or persons.
  2. Robs
  3. Any Person

R v Galey - (Being together intent)
R v Joyce - (Persons present)

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4
Q

Aggravated Robbery - Being armed with an Offensive Weapon

A

Section 235(c) CA - 14 Yrs Imp

  1. Being armed with any offensive weapon OR Instrument OR anything appearing to be such a weapon or instrument
  2. Robs
  3. Any Person
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5
Q

Assault with intent to Rob - GBH

A

Section 236(1)(a) CA - 14 Yrs Imp

  1. With intent to Rob
  2. Any Person
  3. Causes GBH
  4. To that person or any other person
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6
Q

Assault with intent to Rob - Being armed with an Offensive Weapon

A

Section 236(1)(b) CA - 14 Yrs Imp

  1. With intent to Rob
  2. Any Person
  3. Being armed with any offensive weapon or instrument OR
    anything appearing to be such a weapon or instrument.
  4. Assaults
  5. That person or any other person
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7
Q

Assault with intent to Rob - Being together with

A

Section 236(1)(c) CA - 14 Yrs Imp

  1. With intent to Rob
  2. Any Person
  3. Being together with any other person or persons
  4. Assaults
  5. That person or any other person
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8
Q

Assault with intent to Rob - Assault

A

Section 236(2) CA - 7 Yrs Imp

  1. Assaults
  2. Any Person
  3. With intent to Rob
  4. That person or any other person
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9
Q

Abduction

A

Section 208 (a) or (b) or (c) CA - 14 Yrs 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. (a) With intent to Marry him or her OR
    (b) With intent to 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.
R v Crossan - (Take away vs Detains)
R v Wellard - (Essence of kidnapping)
R v Pryce - (Detaining concept)
R v Cox - (Consent)
R v Mohi - (Taking away intent)
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10
Q

Kidnapping

A

Section 209 (a) or (b) or (c) CA - 14 Yrs 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. (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
R v Crossan - (Take away vs Detains)
R v Wellard - (Essence of kidnapping)
R v Pryce - (Detaining concept)
R v Cox - (Consent)
R v Mohi - (Taking away intent)
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11
Q

Abduction of a Young Person under 16 (1)

A

Section 210(1) CA - 7 Yrs Imp

  1. 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.
  2. Unlawfully
  3. Takes or entices away or detains
  4. the young person

R v Forrest and Forrest - (Proof of age)

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12
Q

Abduction of a Young Person under 16 (2)

A

Section 210(2) CA - 7 Yrs Imp

  1. Receives a young person
  2. 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

R v Forrest and Forrest - (Proof of age)

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13
Q

Wounding with intent to cause GBH

A

Section 188(1) CA - 14 Yrs Imp

  1. With intent to cause GBH
  2. To anyone
  3. Wounds OR Maims OR Disfigures OR Causes GBH.
  4. Any person

R v Taisalika - (GBH Intent)
R v Waters - (Wounds)
R v Rapana and Murray - (Disfigures)
DPP v Smith (GBH)

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14
Q

Wounding with intent

A

Section 188(2) CA - 7 Yrs Imp

  1. With intent to Injure anyone OR With Reckless disregard for the safety of others.
  2. Wounds OR Maims OR Disfigures OR Causes GBH.
  3. Any person
R v Taisalika - (GBH Intent)
R v Harney (Recklessness)
R v Waters - (Wounds)
R v Rapana and Murray - (Disfigures)
DPP v Smith (GBH)
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15
Q

Injuring with Intent (GBH)

A

Section 189(1) CA - 10 Yrs Imp

  1. With intent to cause GBH
  2. To anyone
  3. Injures
  4. Any person

R v Taisalika - (GBH Intent)
DPP v Smith - (GBH)
R v Donovan - (Injures)

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16
Q

Injuring with Intent (Injures)

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A

Section 189(2) CA - 5 Yrs Imp

  1. With intent to Injure anyone OR With Reckless disregard for the safety of others.
  2. Injures
  3. Any person

R v Taisalika - (GBH Intent)
R v Harney - (Recklessness)
R v Donovan - (Injures)

17
Q

Aggravated Wounding

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A

Section 191(1)(a) or (b) or (c) CA - 14 Yrs Imp

  1. (a) With Intent to commit or facilitate the commission of any imprisonable offence OR
    (b) With intent to avoid detection of himself or any other person in the commission of any imprisonable offence
    (c) With intent to avoid arrest or facilitate flight of himself or any other person in the commission or attempted commission of any imprisonable offence
  2. -Wounds any person OR
    - Maims any person OR
    - Disfigures anyone OR
    - Causes GBH to any person OR
    - Stupefies any person OR
    - Renders unconscious any person OR
    - By any violent menas renders any person incapable of resistance
R v Taisalika - (GBH Intent)
R v Tihi - (Addition to specific intents)
R v Sturm - (Stupefies)
R v Wati (Proof of offence)
R v Waters - (Wounds)
R v Waters - (Wounds)
R v Rapana and Murray - (Disfigures)
R v Crossan (Incapable of resistance)
DPP v Smith (GBH)
18
Q

Aggravated Injuring

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A

Section 191(2)(a) or (b) or (c) CA - 14 Yrs Imp

  1. (a) With Intent to commit or facilitate the commission of any imprisonable offence OR
    (b) With intent to avoid detection of himself or any other person in the commission of any imprisonable offence
    (c) With intent to avoid arrest or facilitate flight of himself or any other person in the commission or attempted commission of any imprisonable offence
  2. Injures
  3. Any person
R v Taisalika - (GBH Intent)
R v Tihi - (Addition to specific intents)
R v Sturm - (Stupefies)
R v Wati - (Proof of offence)
R v Donovan - (Injures)
19
Q

Demanding with intent to steal

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A

S239(1) CA 61, 14 Years Imp

  1. Without claim of right
  2. By force or with any threat
  3. Compels any person to execute, make, accept, endorse, alter, or destroy any document capable of conferring a pecuniary advantage
  4. With intent to obtain any benefit
20
Q

Demanding with menaces

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A

S239(2) CA61, 7 Years Imp

  1. With menaces or by any threat
  2. Demands any property from any person
  3. With intent to steal it
21
Q

Discharging a firearm with intent

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A

Section 198(1)(a), Crimes Act 1961 -14 yrs Imp

1) With intent to do GBH
2) Discharges any firearm, airgun or similar weapon
3) At any person

22
Q

Doing dangerous act with intent

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A 
Section 198(1)(b), Crimes Act 1961 -14 yrs Imp
1. With intent to do GBH
  1. Sends or delivers to any person
    or
    Puts in any place
  2. Any explosive
    or
    Injurious substance or device
23
Q

Uses any Firearm Against Law Enforcement Officer (1)

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A

Sec 198A(1) Crimes Act 1961 - 14 Yrs
1. Uses any firearm in any manner whatever
2. Against any constable or any traffic officer or any prison officer acting in the course of his or her duty
3. Knowing that
OR
Being reckless whether or not that the person is a constable or traffic officer or prison officer so acting

24
Q

Uses any Firearm Against Law Enforcement Officer (2)

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A

Sec 198A(2) CA61 - 10 yrs Imp

  1. Everyone who
  2. 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.
25
Commission of an imprisonable offence with a firearm (1)
Section 198B(1)(a) CA61 - 10 yrs Imp 1. Everyone who 2. In committing any imprisonable offence 3. Uses any firearm
26
Commission of an imprisonable offence with a firearm (2)
Section 198B(1)(b) CA61 - 10 yrs Imp 1. Everyone who 2. While committing any imprisonable offence, 3. has any firearm with him or her in circumstances that prima facie to show an intention to use it in connection with that imprisonable offence.
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