what circumstantial evidence can be used to infer an offenders intent
- offenders actions and words before, during or after the event
- the surrounding circumstances
- the nature of the act itself
in serious assaults, what circumstantial evidence can be used to infer an offenders intent
- prior threats
- evidence of premeditation
- use of a weapon
- number of blows
- degree of forced used
- body parts targeted by offender
- degree of helplessness of victim
what is maiming
mutilating, crippling or disabling a part of the body so as to deprive the victim of the use of a limb or one of the senses
what does disfigure mean
to deform or deface, to mar or alter the figure or appearance of a person
what is the doctrine of transferred malice
doctrine of transferred malice states that it is not necessary that the person suffering the harm was the intended victim. where the defendant mistakes the identity of the person injured, he is still criminally liable responsible despite the wrong target being struck
what is an injury
injury means to cause actual bodily harm
what is the two fold test for intent for section 191 of the crimes act 1961 set out in r v tihi
prosecution must satisfy:
- the defendant intended to facilitate the commission of an imprisonable offence (or one of the intents in a,b or c)
- he or she intended to cause the specified harm or was reckless to that risk
what is the meaning of stupefies
to cause an effect on the mind or nervous system which really seriously interferes with that persons mental or physical ability to act in any way which might hinder an intended crime - r v sturm
what is the meaning of extort
to obtain by violence, coercion or intimidation
what is an offensive weapon
any article made or altered for use for causing bodily injury or intended by the person having it for such use
what is an instrument
an instrument includes any item intended to be used as a weapon
what questions should you ask when receiving info from a chis about a robbery
- has chis supplied reliable info in the past
- has info come from more than one source
- have staff members noted suspicious people in area
- does company deal with large money, drugs or valuable goods
- can info be corroborated
what are the three main investigative approaches for people trafficking and smuggling migrants
- REACTIVE INVESTIAGTION
- victim led
- initiated by approach to police or another person acting on behalf of victim - PROACTIVE INVESTIGATION
- police led, a combination of standard investigation techniques supplemented by intelligence resources to identify and locate traffickers, gather evidence and instigate proceedings against them - DISRUPTIVE INVESTIGATION
- appropriate in circumstances where level of risk to victim demands immediate response and proactive or reactive approaches are not practical options
the initial procedure for investigating a robbery varies with the stage at which offence is reported, when might you be informed of it
- before an intended robbery
- during or after the incident, when raid alarm at the premises goes off
- after the offenders have left the scene of the crime
what is the order of priority for a robbery investigation
- secure safety of all members of public and police
- prevent the crime
- contain the area of the offence
- gather evidence from crime scene and preserve it
- establish and eliminate suspects
- id offender
- locate offender
- search offender premises
- establish any cases for prosecution
- prepare files for prosecution
with regards to blackmail, what is an accusation
a criminal allegation
what is a pecuniary advantage
anything that enhances a persons financial position - r v hayes
what is the meaning of obtain
to obtain for himself or herself or any other person
what is the definition of assault
the act of intentionally applying or attempting to apply force to the person of another directly or indirectly or threatening by any act or gesture to apply such force to the person of another if the person making the threat has or causes the other to believe on reasonable grounds that he has present ability to affect his purpose and to assault has a corresponding meaning
what must the crown prove for a conviction under s209
- the defendant took away or detained person
- taking or detention was intentional
- taking or detention was unlawful
- taking was done without the persons consent or consent was obtained by fraud or duress
- defendant knew there was no consent to the taking or detention
- defendant intended to hold person for ransom or to service, cause the person to be confined or imprisoned, or cause person to be sent out of nz
what is the difference between confinement and imprisoned
confining means to keep the movements of a person restricted within a geographical area
imprisoned means to put a person in prison or to confine them as if in prison
what must crown prove for a conviction under s210(1)
- defendant took, enticed or detained young person
- taking, enticement, detention was intentional
- taking, enticement or detention was from a person who had lawful care of young person
- defendant knew other person had lawful care of young person
- taking, enticement, detention was unlawful
- it was done with intent to deprive other person of possession of young person
what is an explosive
any substance or mixture or combination of substances which in its normal state is capable of either decomposition at such a rapid rate so as to result in an explosion or cause a pyrotechnic effect
what is an injurious substance
a range of substances capable of causing harm to a person
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Wounding with Intent Case Law6
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Aggravated Wounding or Injury Case Law3
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Discharging Firearm or Doing Dangerous Act with intent Case Law1
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Using a Firearm Against Law Enforcement Officer Case Law2
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Robbery Case Law8
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Abducting a Person for Marriage or Sexual Connection Case Law6
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Kidnapping Case Law1
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Abduction of Young Person Case Law1
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Short answer study35
