Module Questions

Question 1

Statutory defence - blackmail

Answer 1

For the defendant to show they believed they were entitled to obtain the benefit or to cause the loss and, objectively viewed, the making of the threat was a reasonable and proper means for obtaining the benefit or causing the loss.

It will be for the jury to determine whether the means were reasonable and proper.

It is not a defence that they we’re entitled to the benefit unless the threat is in the circumstances a reasonable and proper means for effecting their purpose.

Question 2

Difference between robbery and demands to steal

Answer 2

That the defendant has used force or threats to cause another to create, alter or deal with a document which is capable of conferring a pecuniary advantage.

Such conduct will not amount to robbery because no property is taken or dealt with by the defendant

Question 3

When is demanding with intent to steal complete?

Answer 3

When the threat is made with the necessary intent.

Question 4

Initial investigations for robbery

Answer 4

• before the intended robbery
• during or after the incident, when a premise alarm is activated
• after the offenders have left the scene

Question 5

Procedures following offences

Answer 5

1) secure the safety of all members of police and public
2) prevent the crime
3) contain the area of the offence
4) gather evidence from the crime scene and preserve it
5) establish and eliminate suspects
6) identify the offender
7) locate the offender
8) search the offender and their premise, confiscating and preserving any evidence
9) establish what if any case exists for prosecution
10) prepare file for prosecution

Question 6

Crown must prove for abduction

Answer 6

1) the defendant took away or detained the person
2) the taking or detention was intentional
3) the taking or detention was unlawful
4) the taking or detaining was with out consent
5) the defendant knew there was no consent
The defendant intended to (a,b,c)

Question 7

Intent for 210(1)

Answer 7

There must be an intent to take, entice, or detain a YP and also a specific intent to deprive the parent or other specified person the possession of the child.

Question 8

Intent 210(2)

Answer 8

Broadening the scope of the offence to include people who receive a YP without an intention to deprive the person with lawful care the possession
Provided
The defendant knew that the person responsible for the taking had such an intent

Question 9

Consent of YP

Answer 9

Consent is not a defence for a charge under 208-210 when the person taken away is under 16 years old

A YP under 16 cannot consent to being taken away or detained.

Question 10

Statutory defence of good faith - 208-210

Answer 10

Is a claim of good faith. In such a case it is up to the prosecution to establish that the defendant did not believe in good faith, as claimed, that they had the right of possession

Question 11

Penalty of smuggling migrants

Answer 11

20 imprisonment or $500k fine or both

Question 12

Exploit for people trafficking

Answer 12

A) Prostitution or other sexual services
B) Slavery, practices similar to slavery, servitude, forced labour, or other forced services
C) The removal of organs

Question 13

Simple - Migrant smuggling

Answer 13

Involves a person who has freely consented to be brought into New Zealand as an illegal immigrant and is not subject to coercion or deception

Question 14

Simple – people trafficking

Answer 14

Involves a person who was brought into New Zealand by means of coercion and or deception. People are often trafficked in order to exploit them in the destination country e.g. as forced labour, the removal of organs or most commonly for sexual exploitation

Question 15

Difference between migrants smuggling and people trafficking

Answer 15

– Consent
– the purpose of the travel or movement
– the relationship between the person moved in the people enabling the movement
– violence, intimidation or coercion
– liberty
– profit

Question 16

Reactive investigation

Answer 16

Victim lead and often initiated by an approach to Police by the victim or another person acting on the victims behalf

Question 17

Proactive investigation

Answer 17

Police lead. A combination of standard investigating techniques supplemented by intelligent sources to identify and locate the trafficers, gather evidence and instigate proceedings against them

Question 18

Disruptive investigation

Answer 18

Appropriate in circumstances where the level of risk to the victim demands in immediate response, and proactive and reactive approaches are not practisable options

Question 19

Do you need approval from the attorney general to prosecute for the offence of the section 98C and 98D

Answer 19

Yes but you do not need approval to arrest and oppose bail

Question 20

Explain the term secondary intent

Answer 20

An intent to produce a specific result by their actions

Question 21

R V Crossan - render incapable of resistance

Answer 21

Powerlessness of the will as well as physical incapacity.

Violent mean are not limited to physical violence and may include threats of violence depending of the circumstances

Question 22

Circumstantial evidence to prove intent

Answer 22

– Surrounding circumstances
– offenders actions and words before during or after the event
– nature of the act itself
– whether any weapon was used to opportunistic or purposely brought
– evidence of premeditation
– number of blows
– the use of a weapon
– degree of force used
– degree of resistance or helplessness of the victim
– prior threats
- part of the body targeted by the offender

Question 23

Difference between 188 and 189

Answer 23

The outcome of the victims injuries and intent by the offender

Question 24

Two fold intent - TIHI

Answer 24

– The defendant intended to facilitate the commission of an imprisonable offence
– the defendant intended to cause the specified harm or was reckless as to the risk

Question 25

Elements of assault

Answer 25

A) intention to apply or attempt to apply force
B) application of attempted application of force, weather directly or indirectly
C) threat to apply force in circumstances where the victim believes the offender will be able to carry up the threat

Question 26

What constitutes recklessness

Answer 26

Conscious and deliberate taking of a justified risk involves proof of the consequence could well have happened together with an intention to continue the course of conduct regardless of the risk

Question 27

Violent means - renders incapable of resistance

Answer 27

The mere threat itself may not be sufficient to constitute violent means.

“The threat of brandishing a loaded revolver may cause the victim to submit to the offender will - in the belief the threat will be carried out unless she does so”

Violent means includes the application of force that physically incapacitates a person

Question 28

What was held in R V Crossan

Answer 28

A combination of threats and violence constitutes violent means

Question 29

Wounds, maims, disfigures relates to:

Answer 29

Type of injury

Question 30

GBH refers to

Answer 30

The degree of seriousness of the injury

Question 31

Can a finger under a jumper pretending to be a gun be an offensive weapon?

Answer 31

No. The person who uses a finger to stimulate the possession of a firearm is not armed with any thing and does not commit agg rob.

The term any thing does not include the defendants unsevered hand - R V Bentham

Question 32

Questions to ask when you receive information from CHIS in relation to a robbery

Answer 32

– Has the human source supplied reliable information previously
– has the human source information come from more than one source
– have staff members who work on the premise of the intended robbery noted in the suspicious people in the vicinity
– does the company deal with large amounts of money, drugs or valuable goods
– can you corroborate the information received as correct

Question 33

Four beliefs of claim of right

Answer 33

1) a belief in proprietary or possessory right in the property

2) The belief must be about the rights to the property in relation to which the offence is alleged to have been committed

3) The belief must be held at the time of the conduct alleged to constitute the offence

4) The belief must be held by the defendant. The belief is not required to be reasonable or reasonably held

Question 34

Ingredients of theft

Answer 34

Dishonestly
Without claim right
Takes any property
With intent to deprive the owner permanently of the property or any interest in the property

Question 35

Definition of ownership

Answer 35

A) possession or control of that property
B) any interest in that property
C) The right to take possession or control of the property

Question 36

What must be approved for abduction and kidnapping

Answer 36

1) the defendant took away or detained the person
2) the taking or detention was intentional or deliberate
3) the taking or detention was unlawful
4) the taking or detention was without the persons consent

Question 37

R V Kelt

Answer 37

Having a firearm with him requires a very close physical link and degree of immediate control over the weapon

Question 38

Actus Reus around intent and how it’s different

Answer 38

Section 198 creates a variety of offences with three options forms of mens rea
– intent to do GBH
– intent to injure
– reckless disregard the safety of others

Question 39

Actus reus 198

Answer 39

– Discharging a firearm at a person
– delivering explosives
– setting fire to property

What a liability is based on the intentions and actions of the offender rather than the outcome or consequences of those actions.

It is not necessary to prove the victim suffered actual bodily harm - what is relevant is the offender did one of the specified acts with one of the specified intent.

We are actual bodily harm results in appropriate charge would be wounding or injuring etc

Question 40

Who are the government agency members of the people trafficking into agency working groups

Answer 40

– Ministry of business innovation and employment lead agency
– ministry of social development
– ministry of health
– ministry of justice
– ministry of woman’s affairs
– Ministry of foreign affairs and trade
– NZ customs
– NZ immigration
– NZ police
– department of prime minister and cabinet

Question 41

Intents of blackmail

Answer 41

– Intent to cause the person to whom the threat is made to act in accordance with the will of the person making threats
– intent to obtain any benefit or to cause loss to any person

Question 42

Outlined the five phases of the general pattern of investigations of blackmail

Answer 42

– Initial report
– mobilisation
– consolidation
– investigation and operational includes
– investigation and identification of the offender and threats
– Negotiation
– payment
– intervention or arrest
– reactive – includes prosecution

Question 43

Intent for assault on police

Answer 43

– The intent to assault and
– the intent to obstruct the execution of duty