New Zealand Law and Practice Examination/Criminal Law

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Topics to be covered:

[edit] Liability

[edit] Offences against the Person

[edit] Homicide

see Homicide

[edit] Assault

see Assault

[edit] Sexual Crimes

see Sex Crimes

[edit] Theft and related offences

[edit] Theft

see Theft

[edit] Receiving

see Receiving

[edit] Burglary

see Burglary

[edit] Robbery

see Robbery

[edit] Blackmail

see Blackmail

[edit] Demanding with intent to steal

see Demanding

[edit] Other

[edit] Drugs

Misuse of Drugs Act 1975

[edit] Summary Offences

Summary Offences Act 1981

[edit] Traffic Offences

Land Transport Act 1998

[edit] Domestic Violence

Domestic Violence Act 1995

[edit] Harassment

Harassment Act 1997
R v D [2000] 2 NZLR 641

[edit] Defences

[edit] Mistake

Where no intention, knowledge or recklessness exists due to mistake (even if the mistake is not reasonable).

R v Wood
R v Metuariki

[edit] Self-Defence

Use of force or the threat of force in the defence of self or another.
Force that defendant believes in the circumstances to be reasonable.
Elements of the offence must require force.
The prosecution must first prove prima facie case involving mens rea.

[edit] Insanity

Person labouring under:

(a) natural imbecility or

(b) disease of the mind

such that the person is:

(i) incapable of understanding the nature and quality of act; or

(ii) incapable of knowing that act is morally wrong having regard to commonly accepted standards of right and wrong.

[edit] Compulsion

Threats of immediate death or gbh by a person present when offence commit
Defendant must believe threats will be carried out.
Not available for a number of offences, including murder, gbh, treason, kidnapping, robeery arson, piracy etc.

[edit] Necessity

[edit] Definition

Person not necessarily entirely deprived of choice but choice btwn two evils

(a) to allow harm; or

(b) break the law

[edit] Commentary

Requires:

situation of urgency or moral peril;
compliance with the law to be impossible;
harm to be proportionate;
nexus between the peril and response.

Necessity is a common law defence that is saved by s20 of the Crimes Act.

It is not available:

(a) to a charge of murder; or

(b) in the case of a threat of person not present (because the latter would contradict the defence of compulsion)

[edit] Cases

In re A (Children)(Conjoined Twins: Surgical Separation) (2001) 2 WLR 480, 552-573

[edit] Automatism

Unconscious involuntary act performed without conscious volition.

[edit] Intoxication

No a defence in itself.
May negate mens rea.
available only where specific intent required for offence.

[edit] Provocation

see Provocation

[edit] Bill of Rights Act

see BORA

[edit] Procedure

Part XII Crimes Act 1961
Part II Summary Proceedings Act 1957
Part IV Summary Proceedings Act 1957

[edit] Jurisdiction

Part I Summary Proceedings Act 1957
Part IIA District Courts Act 1947

[edit] Appeals

Part XIII Crimes Act 1961
Part IV Summary Proceedings Act 1957
R v Ramage
R v Radich
R v Watson
R v Clark
R v Donaldson

[edit] Bail

Bail Act 2000

B v Police (No 2)
G v Police
R v Fatu (unreported)

[edit] Capacity/Mental Health

Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
Criminal Procedure (Mentally Impaired Persons) Act 2003

[edit] Sentencing

Part II Crimes Act
Criminal Justice Act 1985
Sentencing Act 2002
R v Tuaeki

[edit] Definitions

Aggravating Factor: one which would justify a greater penalty if the court accepts it as a factor.
Mitigating Factor: one which would justify a lesser penalty if the court accepts it as a factor.

Supervision sentence: 6 mths to 1 year.
Community work: 40 to 400 hrs.

[edit] Evidence

see Evidence

[edit] See also