What acts do police refer to when investigating offences?
- Crimes Act 1961
- Summary Offences Act 1981
- Misuse of Drugs Act 1975
- Land Transport Act 1998
- Arms Act 1983
- Trespass Act 1980
- Family Violence Act 2018
Policing Act 2008?
- Section 9 provides the list of functions for the NZ Police
Structure of an Act
- Title (Crimes Act 1961)
- Contents
- Interpretation Section (definitions and glossary)
- Sections (Section 196 - common assault)
- Subsections (11(1))
- Paragraphs (23(1)(a))
- Clauses (24(2)(b)(ii))
“Actus reus” and “mens rea”
- Action and intention
When can police arrest?
- When they have reasonable cause to suspect that person has committed a crime.
What is the main power of arrest relied on by police officers?
- Crimes Act 1961, Section 315
- 315: Arrest without warrant
(1) No one shall be arrested without warrant except pursuant to the provisions of
(a) this Act; or
(b) some other enactment expressly given power to arrest without warrant.
(2) Any constable, and all persons whom he or she calls to his or her assistance, may arrest and take into custody without a warrant -
(a) any person whom he or she finds disturbing the public peace or committing any offence punishable by imprisonment
(b) any person whom he or she has good cause to suspect of having committed a breach of the peace or any offence punishable by imprisonment.
How to prove an offence? (Simple)
Actus Reus (Action) + Mens Rea (Intention) + Identification of suspect = offence proved
Burden of proof on criminal case?
Beyond reasonable doubt
Assault
Elements:
- ASSAULTS
- ANOTHER PERSON
(Assaults)
- acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly
OR
- threatening by any act of gesture to apply such force to the personif another, of the person making the threat has, or causes the other to believe on reasonable grounds that they have, the present ability to affect their purpose.
(Another person)
- it has to be another person other than the suspect.
Acts:
- Crimes Act 1961, Section 196
- Summary Offences Act 1981, Section 9
Penalties: various
Common Assault: SOA: 6 months, $4000, CA: 1 year.
Wilful Damage
Elements:
- INTENTIONALLY
- DAMAGES
- PROPERTY
(Intentionally)
- A deliberate act, without lawful justification, excuse or claim of right.
OR
A reckless act (where the possible consequences are foreseen but continues the act regardless of the risk), without lawful justification, excuse or claim of right.
(Damages)
- Temporary or permanent reduction in the value and/or usefulness of the property
(Property)
- Something that belongs to another person and is capable of being damaged
Acts:
Summary Offences Act 1981, Section 11
Penalty - 3 months, $2,000
Crimes Act 1961, Section 269 (called “Intentional Damage)
Penalty - 7 years or 10 years (if they know danger to life is likely)
Burglary
Elements:
- ENTERS
- ANY BUILDING OR ANY SHIP OR ANY PART OF A BUILDING OR ANY PART OF A SHIP
- WITHOUT AUTHORITY
- WITH INTENT TO COMMIT AN IMPRISONABLE OFFENCE IN THE BUILDING OR WITH INTENT TO COMMIT AN IMPRISONABLE OFFENCE IN THE SHIP
(Enters)
- Entry is complete as soon as any part of the body of the person or any part of any instrument used by that person, is within the building or ship
(Any building or any ship or any part of a building or any part of a ship)
- Any building or structure of any description, whether permanent or temporary; and includes tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or tunnel.
Any vessel used in navigation, however propelled.
(Without authority)
- An absence of authority, either vessel expressed or implied, from a person the defendant believes is legally able to give consent OR when entry is gained by use of a threat or artifice.
(With intent to commit an imprisonable offence in the building or with intent to commit an imprisonable offence in the ship)
- There must be an intention to commit an imprisonable offence in the building or there must be an intention to commit an imprisonable offence in the ship
Act:
Crimes Act 1961, Section 231
Penalty:
A term not exceeding 10 years imprisonment
“Artifice” means being “cunning, skilled, artful”, for example pretending to be tradesperson who needs to enter the house or property to check something is functioning.
Being Found on Property Without Reasonable Excuse (Building/Transport)
Elements:
- FOUND
- WITHOUT REASONABLE EXCUSE
- IN OR ON
- ANY BUILDING OR ANY AIRCRAFT OR ANY HOVERCRAFT OR ANY SHIP, FERRY OR OTHER VESSEL OR ANY TRAIN OR ANY VEHICLE
(Found)
- To be seen, to be discovered, to be come upon
(Without reasonable excuse)
- Without reasonable excuse
(In or On)
- Physically inside of or physically on
(Any building or any aircraft or any hovercraft or any ship, ferry or other vessel or any train or any vehicle)
- A structure with a roof and walls such as a house or factory, any aeroplane, helicopter or other machines capable of flight, a vehicle or craft that travels over land or water on a cushion of air provided by a downward blast, any boat or ship for transporting people or goods by sea, a series of connected railway carriages or wagons moved by a locomotive or by integral motors, a thing used for transporting people or good, especially on land, such as a car lorry or cart.
ACT:
Summary Offences Act 1981, Section 29(1)(a) or 29(1)(c)
Penalty:
3 months imprisonment, $2000 fine
Being Found on Property Without reasonable Excuse (Enclosed Yard or Area)
Elements:
- FOUND
- WITHOUT REASONBABLE EXCUSE
- IN
- ANY ENCLOSED YARD OR OTHER SUCH AREA
(Found)
- To be seen, to be discovered, to come upon
(Without Reasonable Excuse)
- Without reasonable excuse
(In)
- In
(Any enclosed yard or other such area)
- An enclosed yard, garden or area, appurtenance to a building
Act:
Summary Offences Act 1981, Section 29(1)(b)
Penalty:
3 months, $2000
Preparing to Commit an Imprisonable Offence
Elements:
- FOUND
- IN ANY PUBLIC PLACE
- BEHAVING IN A MANNER FROM WHICH IT CAN BE REASONABLY INFERRED THAT THE PERSON IS
- PREPARING TO COMMIT AN IMPRISONABLE OFFENCE
(Found)
- Discovered
(In any public place)
- See sec 2 of Summary Offences Act 1981
(Behaving in a manner from which is can be reasonably inferred that the person is)
- Carrying out actions from which the court may infer the intentions of the offender
(Preparing to commit an imprisonable offence)
- Preparing to commit any imprisonable offence
Act:
Summary Offences Act 1981, Section 28
Penalty:
$2000, for second/subsequent offence within a period of 12 months, 3 months or $2000
What are three conditions needed for a successful attempted offence prosecution?
- Intent (mens rea)
- Act (actus reus) - the person has taken steps towards committing the offence, although they may not have completed it.
- Proximate - how close the suspect was to completing the offence
How does a person become “party to an offence”
Crimes Act 1961, Section 66(1)
Everyone is a party to, and guilty of, an offence who:
(a) actually commits the offence, or
(b) does or omits an act to aid any person to commit the offence, or
(c) abets any person in the commission of the offence, or
(d) incites, counsels or procures a person to commit the offence
If more than one offence, must split it to each offence separately
Crimes Act 1961, Section 66(2)
Where two or more persons form a common intention to commit an offence, each of them is a party to every offence committed by any one of them if the commission of the offence was known to be a probably consequence.
What does “common intention” mean, in relation to preparing to commit an offence?
Two or more people formulate a plan; all agree to carry out the plan
Theft
Elements:
- DISHONESTLY
- WITHOUT CLAIM OF RIGHT
- TAKES
- ANY PROPERTY
- WITH INTENT TO DEPRIVE ANY OWNER PERMANENTLY OF THAT PROPERTY
(Dishonestly)
- Without a belief that there was consent or authority from the owner
(Without claim of right)
- No belief in a right to own or possess that property
(Takes)
- Physically moves the property
(Any property)
- Anything whatsoever, whether tangible or intangible, that is the property of any person and has value
(With intent to deprive any owner permanently of that property)
- An intent to deprive the owner permanently of the property OR deal with the property in a manner so that it cannot be restored to its original condition
Act:
Crimes Act 1961, Section 218
Penalty:
Less than $500 - 3 months
Greater than $500 - 1 year
Greater than $1000 - 7 years
Why is knowing the value of property important, in relation to theft?
It has an effect on the sentencing, as of Crimes Act 1961, Section 223
Robbery
Elements:
- THEFT
- ACCOMPANIED BY VIOLENCE OR ACCOMPANIED BY THREATS OF VIOLENCE
- TO ANY PERSON OR TO ANY PROPERTY
- USED TO EXTORT THE PROPERTY STOLEN OR TO PREVENT OR OVERCOME RESISTANCE TO THE PROPERTY BEING STOLEN
(Theft)
- The theft must be complete to the point where possession of the property is obtained by the suspect
(Accompanied by violence or accompanied by the threat of violence)
- Violence before or at the time of the theft. Threat of violence before or at the time of the theft, demonstrated by conduct or words
(To any person or to any property)
- The person who has been threatened with violence or the person who had violence used against them. The property that has been threatened with violence or the property that had violence used against it.
(Used to extort the property stolen or to prevent or overcome resistance to the property being stolen)
- The violence or threats used by the suspect are sufficient to cause the person to hand over the property against their will. The property is taken by the suspect after any trustable to its taking has been prevented or overcome.
Act:
Crimes Act 1961, Section 234
What is aggravated robbery?
Crimes Act 1962, Section 235
Robbery becomes aggravated when at the time of, before, or after the robbery one of the 3 following circumstances occur
- the suspect causes grievous bodily harm to any person; or
- being together with any other persons, robs any person; or
- the suspect is armed with an offensive weapon or instrument (which includes a firearm)
What is assault with intent to rob?
Crimes Act 1961, Section 236
Where any person assaults a person with intention to rob them, but no theft takes place, therefore robbery is not completely
Receiving Stolen Property
Elements
- RECEIVES
- ANY PROPERTY STOLEN or ANY PROPERTY OBTAINED BY ANY OTHER IMPRISONABLE OFFENCE
- KNOWING THAT PROPERTY TO HAVE BEEN STOLEN OR SO OBTAINED or BEING RECKLESS AS TO WHETHER THE PROPERTY HAD BEEN STOLEN OR SO OBTAINED.
(Receives)
- Either exclusively or jointly with the thief or any other person has possession or control over anything unlawfully obtained or helps in its concealment or disposal
(Any property stolen OR Any property obtained by any other imprisonable offence)
- Anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been stolen
- Anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been obtained by an imprisonable offence other than theft
(Knowing that property to have been stolen or so obtained OR being reckless as to whether the property had been stolen or so obtained)
- Believing at the time of receiving that the property had been stolen or obtained by any other imprisonable offence
- Receives the property, despite the person consciously taking an unreasonable risk that the property might be stolen or obtained by any other imprisonable offence
Act:
Crimes Act 1961, Section 246
Penalty:
Crimes Act 1961, Section 247 (penalties)
Under $500 - 3 months
$500-$1000 - 1 year
Over $1000 - 7 years
Explain all of part of original property (in relation to receiving
Eg. If a $20 dollar note is stolen and exchanged for 2 x $10 notes, receiving one of the $10 notes does not count as receiving stolen property.
