Violence Flashcards
What is Blackmail
Section 237 CA 61
(1) Everyone commits blackmail who threatens, expressly or by implication to make any accusation against any person (living or dead) or to disclose something about any person (living or dead) or to cause serious damage to property or to endanger the safety of any person with intent
(a) to cause the person whom the threat is made against to act in accordance with the will of the person making the threat and
(b) to obtain any benefit or to cause any loss to any other person
What is the defence to blackmail
Section 237 CA 61
(2) Everyone who acts in the manner described in subsection (1) is guilty of blackmail even thought the person believes that he or she is entitled to any benefit or to cause loss to any person unless the making of the threat is, in the circumstances, a reasonable and proper means for effecting his or her purpose
What is demanding with intent to steal
section 239 CA 61
(1) everyone is liable to imprisonment for a term not exceeding 14 years who, without claim of right, by force or by any threat, compels any person to execute, make, alter, endorse, accept or destroy any document capable of conferring a pecuniary advantage with intent to obtain any benefit
What is the priority for investigating a robbery
Safety of police and the public Prevent the crime Contain the area of the offence Gather evidence from crime scene and preserve Establish and eliminate suspects Identify offender Locate offender Search the offender and their premises Establish what, if any, case exists for prosecution Prepare file for prosecution
For a conviction under section 208 CA 61 what must be proved
1) The defendant took away or detained a person and
2) The taking away or detaining a person was intentional or deliberate and
3) The taking away or detaining was unlawful and
4) The taking away or detaining was without the persons consent (or with consent induced by fraud or duress) and
5) The defendant knew that there was no consent to the taking and obtaining and
6) the defendant intended to
(a) marry the person or
(b) have sexual connection with the person or
(c) cause the person to marry or have sexual connection with some other person
For a conviction under section 209 CA 61 what must be proved
1) The defendant took away or detained a person and
2) The taking away or detaining a person was intentional or deliberate and
3) The taking away or detaining was unlawful and
4) The taking away or detaining was without the persons consent (or with consent induced by fraud or duress) and
5) The defendant knew that there was no consent to the taking and obtaining and
6) Defendant intended to
(a) Hold the person for ransom or to service or
(b) cause the person to be confined or imprisoned
(c) cause the person to be sent or taken out of New Zealand
What is abduction of a young person under 16 Section 210 (1)
Everyone is liable to a term of imprisonment not exceeding 7 years who with intent to deprive and parent or guardian or any person in lawful care or charge of a young person of the possession of the young person, takes away, entices or detains any young person
What is abduction of a young person under 16 Section 210 (2)
Everyone is liable to a term of imprisonment not exceeding 7 years who receives any young person, knowing that he or she has been unlawfully taken or enticed away or detained with intent to deprive any parent or guardian or other person who has lawful care or charge of the young person, possession of him or her
For a conviction under Section 210(1) CA 61 what must be proved
1) The defendant took, enticed or detained a person under the age of 16 years
2) the taking, enticing or detention was deliberate or intentional
3) The taking, enticing or detention was from a person who had lawful care of the young person
4) The defendant knew the other person had lawful care of the young person
5) The taking, enticement or detention was unlawful and
6) It was done with intent to deprive a parent, guardian or other person having lawful care or charge of the young person of the possession of that young person
For a conviction under Section 210(2) CA 61 what must be proved
1) The defendant received a person under the age of 16 years
2) The receiving was deliberate or intentional
3) The defendant knew the young person had been unlawfully taken or enticed away or detained by another from a parent, guardian or other person having lawful care or charge of him or her of the possession of that young person
4) The defendant intended by reason of receiving to deprive a parent, guardian or other person having lawful care or charge of the him or her of the possession of that young person
What is a statutory defence to abduction of a young person
A person who claims in good faith a right to the possession of a young person under 16 cannot be convicted of an offence against section 209 or 210 because he or she gets possession of the young person
What are the key differences between migrant smuggling and people trafficking
Migrant smuggling involves a person who freely consents to being brought into New Zealand as an illegal immigrant and is not subjected to coercion or deception
People trafficking involves a person who is brought into New Zealand by means or coercion and/or deception. People are often trafficked in order to exploit them in the destination country
- Consent
- Purpose of travel or movement
- relationship between the person moved and the person enabling the movement
- violence, intimidation or coercion
- liberty
- profit
What are the investigative approaches to people trafficking
Reactive investigation - Victim led and is often initiated by an approach to Police by the victim or someone acting on behalf of the victim
Proactive investigation - Police led. A combination of standard investigation techniques supplemented by intelligence resources to identify and locate the traffickers, gather evidence and instigate proceedings against them
Disruptive investigation - Appropriate in circumstances where the level of risk to the victim demands an immediate response, and proactive or reactive approaches are not practical options.
What is the punishment for Migrant smuggling and people trafficking
20 years imprisonment or a fine not exceeding $500,000 or both
