Blackmail, Demanding with Intent to steal & Trafficking

Question 1

Blackmail (Elements)

Answer 1

Crimes Act 1961 Section 237(1)
Threatens expressly or by implication to make any accusation against any person to disclose something about any person or to cause serious damage to property or endanger the safety of any person with intent
- cause the person to who the threat is made to act in accordance with the will of the person making the threat and
- To obtain any benefit or to cause loss to any other person

Question 2

Blackmail (Defence)

Answer 2

Crimes Act 1961 Section 237(2)
Person believes that he or she is entitled to the benefit or to cause the loss, unless the making of the threat is, in the circumstances, a reasonable and proper means for effecting his or her purpose

Question 3

Accusation (Definition)

Answer 3

Will normally refer to allegation the person is guilty of criminal offending. It does not matter if the accusation is true or false

Question 4

Disclosure (Definition)

Answer 4

Does not need to relate to criminal offending. Can be revelation of information that will cause serious embarrassment or emotional distress

Question 5

Obtain (Definition)

Answer 5

Crimes Act 1961 Section 217
Obtain or retain for himself or any other person

Question 6

Benefit (Definition)

Answer 6

Crimes Act 1961 Section 237(3)
Benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.

Question 7

Pecuniary advantage (Definition)

Answer 7

Economic advantage or financial gain. Enhancement of persons financial position

Question 8

Privilege (Definition)

Answer 8

Special right or advantage

Question 9

Valuable consideration (Definition)

Answer 9

Money or money’s worth

Question 10

Property (Definition)

Answer 10

Crimes Act 1961 Section 2
Includes real or personal property and any estate or interest in any real or personal property

Question 11

Demanding with intent to steal - Obtain benefit (Elements)

Answer 11

Crimes Act 1961 Section 239(1)
- Without claim of right
- By force or with any threat
- Compels any person to execute, make, accept, endorse, alter or destroy any document capable of conferring a pecuniary advantage with intent to obtain any benefit

Question 12

Claim of right (Definition)

Answer 12

Crimes Act 1961 Section 2
Propriety or possessory right to the property

Question 13

Demanding with intent to steal - property (Elements)

Answer 13

Crimes Act 1961 Section 239(2)
- With menaces or by any threat
- Demands any property from any person
- With intent to steal it

Question 14

Smuggling migrants (Elements)

Answer 14

Crimes Act 1961 Section 98C (1)
- Arranges for an unauthorised migrant to enter New Zealand or any other state if he
(a) Does so for material benefit and
(b) knows or is reckless as to whether the person is an unauthorised migrant

Question 15

Smuggling migrants - Subsection 2 (Elements)

Answer 15

Crimes Act 1961 Section 98C (2)
- Arranges for an unauthorised migrant to be brought to New Zealand or any other state if
(a) Does so for material benefit and
(b) knows or is reckless as to whether the person is an unauthorised migrant and
(c) either
(i) know the person intends to try and enter the state or
(ii) is reckless as to whether the person intends to try and enter the state

Question 16

Trafficking in persons (Elements)

Answer 16

Crimes Act 1961 Section 98D (1)
Arranges organises or procures
(a) the entry of a person into or the exit of a person out of New Zealand or any other state
(i) for the purpose of exploiting or facilitating the exploitation of the person or
(ii) knowing that the entry or exit of the person involves one or more acts of coercion against the person one or more acts of deception of the person or both

Question 17

Trafficking in persons - Subsection (b) (Elements)

Answer 17

Crimes Act 1961 Section 98D(1)(b)
The reception, recruitment, transport, transfer, concealment or harbouring of a person in New Zealand or any other state
(i) for the purpose of exploiting or facilitating the exploitation of the person or
(ii) knowing that the entry or exit of the person involves one or more acts of coercion against the person one or more acts of deception of the person or both