CIB Pre-Req 2017 > Liabilities - Elements Only > Flashcards

Liabilities - Elements Only Flashcards

(43 cards)

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1
Q

Accessory After The Fact

A

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
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2
Q

Robbery

A

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
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3
Q

Aggravated robbery (a)

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
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4
Q

Aggravated robbery (b)

A

S235(b) CA 1961
14 Years Imp

  • Being Together with any other Person or Persons
  • Robs
  • Any Person
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5
Q

Aggravated robbery (c)

A

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
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6
Q

Import/Export Controlled Drug

A

S6(1)(a) MODA 1975
Life Imp

1) Imports Into
OR
Exports From New Zealand

2) Any Controlled Drug

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7
Q

Produce or Manufacture Any Controlled Drug

A

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

1) Produce
OR
Manufacture

2) Any Controlled Drug

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8
Q

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

A

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

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9
Q

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

A

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

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10
Q

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

A

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

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11
Q

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

A

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)

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12
Q

Arson (a)

Danger to life

A

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
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13
Q

Arson (b)

No interest

A

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
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14
Q

Arson (c)

Obtain benefit/cause loss

A

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
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15
Q

Arson (a) (Other)

No interest (Other property)

A

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
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16
Q

Arson (b) (Other)

Obtain Benefit/Cause Loss (Other Property)

A

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
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17
Q

Abduction

A

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

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18
Q

Kidnapping

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A 
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
Q

Discharging a Firearm with Intent

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A

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
Q

Doing Dangerous Act with Intent

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A

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
Q

Uses any Firearm Against Law Enforcement Officer

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A

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
Q

Commission of an Imprisonable Offence with a Firearm

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A

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

  • In Committing any Imprisonable Offence
  • Uses any Firearm
23
Q

Takes/Obtains a Document

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A

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
Q

Uses/Attempts to Use a Document

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A

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
31
Wounding with Intent
S188(2) CA 1961 7 Years Imp ``` - 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 ```
32
Injuring with Intent to Cause GBH
S189(1) CA 1961 10 Years Imp - With Intent to Cause Grievous Bodily Harm - To any one - Injures - Any person
33
Injuring with Intent
S189(2) CA 1961 5 Years Imp ``` - With Intent to Injure Anyone OR With Reckless Disregard for the Safety of Others - Injures - Any Person ```
34
Aggravated Wounding
S191(1)(a) or (b) or (c) CA 1961 14 Years Imp ``` - (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 an Imprisonable Offence OR (c) With Intent to Avoid Arrest or Facilitate Flight of himself or any other person Upon the Commission or Attempted Commission of Any Imprisonable Offence - Wounds any Person OR Maims any Person OR Disfigures any Person OR Causes GBH to any Person OR Renders Unconscious any Person OR By any Violent Means Renders any Person Incapable of Resistance ```
35
Aggravated Injuring
S191(2)(a) or (b) or (c) CA 1961 7 Years Imp - (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 an Imprisonable Offence OR (c) With Intent to Avoid Arrest or Facilitate Flight of himself or any other person Upon the Commission or Attempted Commission of Any Imprisonable Offence - Injures - Any Persons
36
Receiving
S246(1) CA61 7 Years Imp (Exceeds $1000) 1 Year Imp ($500 - $1000) 3 Months Imp (Under $500) - Receives - Any property stolen OR obtained by any other imprisonable offence - Knowing the property to be stolen or so obtained OR - Being reckless whether or not the property had been stolen or so obtained
37
Conspiracy
S310(1) CA61 7 Years Imp (if penalty of that offence exceeds 7 years - otherwise same penalty) * Conspires * With any person • To commit any offence OR • To do or omit, in any part of the world, • Anything of which the doing or omission in New Zealand would be an offence.
38
Obtains by Deception - Property
S240(1)(a) CA61 Exceeds $1000 - 7 Years Imp $500 to $1000 - 1 Year Imp Under $500 - 3 Months Imp (1) By deception and without claim of right (2) Obtains ownership or possession of, or control over (3) Any property, privilege, service, pecuniary advantage, benefit or valuable consideration, directly or indirectly
39
Obtains by Deception - Credit
S240(1)(b) CA61 Exceeds $1000 - 7 Years Imp $500 to $1000 - 1 Year Imp Under $500 - 3 Months Imp (1) By deception and without claim of right (2) In incurring any debt or liability, obtains credit
40
Obtains by Deception - Altering Documents
S240(1)(c) CA61 Exceeds $1000 - 7 Years Imp $500 to $1000 - 1 Year Imp Under $500 - 3 Months Imp (1) By deception and without claim of right (2) Induces or causes any other person to deliver over, execute, make, accept, endorse, destroy or alter (3) Any document or thing capable of being used to derive a pecuniary advantage
41
Obtains by Deception - Causes Loss
S240(1)(d) CA61 Exceeds $1000 - 7 Years Imp $500 to $1000 - 1 Year Imp Under $500 - 3 Months Imp (1) By deception and without claim of right (2) Causes loss to any other person
42
Attempts to Commit Sexual Violation
S129(1) CA61 10 Years - Every one who - attempts to commit sexual violation - of the other person
43
Assault with Intent to Commit Sexual Violation
S129(2) CA61 10 Years Imp - Assaults another person - With intent to commit sexual violation of the other person
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