Module Questions Flashcards
Statutory defence - blackmail
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.
Difference between robbery and demands to steal
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
When is demanding with intent to steal complete?
When the threat is made with the necessary intent.
Initial investigations for robbery
- before the intended robbery
- during or after the incident, when a premise alarm is activated
- after the offenders have left the scene
Procedures following offences
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
Crown must prove for abduction
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)
Intent for 210(1)
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.
Intent 210(2)
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
Consent of YP
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.
Statutory defence of good faith - 208-210
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
Penalty of smuggling migrants
20 imprisonment or $500k fine or both
Exploit for people trafficking
A) Prostitution or other sexual services
B) Slavery, practices similar to slavery, servitude, forced labour, or other forced services
C) The removal of organs
Simple - Migrant smuggling
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
Simple – people trafficking
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
Difference between migrants smuggling and people trafficking
– 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
Reactive investigation
Victim lead and often initiated by an approach to Police by the victim or another person acting on the victims behalf
Proactive investigation
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
Disruptive investigation
Appropriate in circumstances where the level of risk to the victim demands in immediate response, and proactive and reactive approaches are not practisable options
Do you need approval from the attorney general to prosecute for the offence of the section 98C and 98D
Yes but you do not need approval to arrest and oppose bail
Explain the term secondary intent
An intent to produce a specific result by their actions
R V Crossan - render incapable of resistance
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
Circumstantial evidence to prove intent
– 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
Difference between 188 and 189
The outcome of the victims injuries and intent by the offender
Two fold intent - TIHI
– 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
Elements of assault
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
What constitutes recklessness
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
Violent means - renders incapable of resistance
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
What was held in R V Crossan
A combination of threats and violence constitutes violent means
Wounds, maims, disfigures relates to:
Type of injury
GBH refers to
The degree of seriousness of the injury
Can a finger under a jumper pretending to be a gun be an offensive weapon?
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
Questions to ask when you receive information from CHIS in relation to a robbery
– 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
Four beliefs of claim of right
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
Ingredients of theft
Dishonestly
Without claim right
Takes any property
With intent to deprive the owner permanently of the property or any interest in the property
Definition of ownership
A) possession or control of that property
B) any interest in that property
C) The right to take possession or control of the property
What must be approved for abduction and kidnapping
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
R V Kelt
Having a firearm with him requires a very close physical link and degree of immediate control over the weapon
Actus Reus around intent and how it’s different
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
Actus reus 198
– 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
Who are the government agency members of the people trafficking into agency working groups
– 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
Intents of blackmail
– 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
Outlined the five phases of the general pattern of investigations of blackmail
– Initial report
– mobilisation
– consolidation
– investigation and operational includes
– investigation and identification of the offender and threats
– Negotiation
– payment
– intervention or arrest
– reactive – includes prosecution
Intent for assault on police
– The intent to assault and
– the intent to obstruct the execution of duty
