New Offences for Violence Module Flashcards
According to section 209A CA 1961, Can a person under 16 years consent to being taken away?
No
Explain R v Waaka
Intent can be formed at any time during the taking away.
Explain R v M
the offender intended to take away or detain and knew the complainant was not consenting.
What section covers abduction of a person under 16
Section 210 (1) and 210(2) of the CA 1961
What are the elements of s210(1)
with intent to deprive a parent or guardian or other person having lawful care or charge of a young person of the possession of that young person
unlawfully
takes
OR
entices away
OR
detains
the young person
In reference to section 210 CA 1961, what is a young person
anyone under 16 (15 years old or younger)
what’s the max prison term for section 210(1) and 210(2)
7 years
what are the elements for s210(2)
receives
a young person
knowing that he or she has been
unlawfully taken
OR
enticed away
OR
detained with intent
to deprive a parent or guardian or other person having the lawful charge or care of hime or her
of possession of him or her
What is receives
physical control
what is knowing according to Simester and Brookbanks
knowing or correctly believing
What are the two things immaterial to sections 210(1) and 210(2)
whether the young person consents (persons under 16 cannot consent to be taken away)
whether the offender believes the young person to be 16 or older
What is the max penalty for smuggling migrants and Trafficking in Persons
20 years imprisonment and/or $500k fine
What is the section and act for Smuggling Migrants
Section 98C CA 1961
what is the section and act for Trafficking in Persons
Section 98D CA 1961
What are the elements for s98C(1)(a)
arranges for an
unauthorised migrant
to enter NZ or any other state
if he or she
does so for a material benefit and
either knows the person is, or is reckless as to whether the person is, an unauthorised migrant
What are the elements for 98C(1)(a)
arranges for an
unauthorised migrant
to be brought to New Zealand or any other state
if he or she
does so for material benefit and
either knows the person is, or is reckless as to whether the person is, an unauthorised migrant
OR
is reckless as to whether the person intends to try to enter the state
either
knows that the person intends to try to enter the state
Can prosecution be brought for 98C (1) and (2) if the unauthorised migrant is not in fact brought into the state concerned?
YES
What is a short list of elements for s98D(1)(a)
arranges
OR
Organises
OR
procures
the entry of a person into, or the exit of a person out of NZ, or any other state
for the purpose of exploiting or facilitating the exploitation
OR
1 act of deception or coercion
What is a short list of elements for s98D(1)(b)
reception, recruitment, transport, transfer, concealment, or harbouring
of a person in NZ or any other state
for the purpose of exploiting or facilitating the exploitation of the person
OR
1 act of coercion or deception
What is deception
false representation and intent to deceive
What is coercion
persuasion using force or threats
What are the main differences between 98C Migrant Smuggling and 98D Trafficking of Persons
consent, purpose, relationship, liberty, violence or intimidation, profit
What are the three types of investigative approaches to people trafficking
Reactive, Proactive, Disruptive
Explain section 66 of the Arms Act 1983
every person in occupation of any land or building or the driver of any vehicle on which any firearm is found…..is deemed to be in possession… unless he proves that it is not his property and that it was in the possession of some other person
Under Section 2 of the Arms Act 1983 what is a pistol
any firearm designed or adapted to be held or fired with one hand, and any firearm under 762mm in length
What is knowing
knowing or correctly believing
Explain R v Swain
deliberately or purposely removing a firearm from a bag after being confronted by LE amounts to use
Explain R v Fischer
Crown must prove someone was attempting to arrest or detain him
Under Section 2 Arms Act 1961, name 6 things that would make a semi-auto rifle a military style semi auto
bayonet lugs
a 0.22 rimfire magazine capable of holding more than 15 cartridges
any other magazine capable of holding more than 7 cartridges
a flash suppressor
folding or telescopic butt
pistol grip
What act covers restricted weapons and who decides what weapons are restricted
4 Arms Act 1983 and the Governor General
what is the max prison term for blackmail
14 years
what act and section covers blackmail
s237 CA 1961
What are the elements for blackmail s237(1)
threatens
expressly
OR
by implication
to make any accusation against any person
OR
to disclose something about any person
OR
to cause serious damage to property
OR
endanger the safety of any person
with intent
to cause the person to whom the threat is made to act in accordance with the will of the person making the threat and
to obtain any benefit
OR
cause any loss
What is a defence to blackmail
claim of right, threat was reasonable
What section and act is demanding with intent to steal
Section 239(1) and 239(2) CA 1961
what is the max prison term for s239(1) and s239(2)
s239(1) 14 years
s239(2) 7 years
What are the elements for s239(1)
without claim of right
by force
OR
with any threat
compels any person to
execute
OR
make
OR
accept
OR
endorse
OR
Alter
OR
destroy
any document capable of conferring a pecuniary advantage with intent to obtain benefit
What are the elements for demand with intent to steal s239(2)
with menaces
OR
by any threat
demands any property from any persons with intent to steal
What do you need to prosecute sections 98C and 98D of Crimes Act 1961, and can you arrest and oppose bail without it.
Approval form the Attorney General and you do not need approval to arrest and oppose bail.
