Violence Offences -Blackmail & People Trafficking Flashcards
List the section, punishment and elements for Demands with Intent to Steal
Demands with intent to steal
S.239(1) CA1961
14yrs Imprisonment
-Without claim of right
- By force (or) 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
Demands with intent to steal
S.239(2) CA1961
7yrs Imprisonment
-With menace (or) by any threat
-Demands any property
-From any person
-With intent to steal it
List the section, penalty and elements for People Trafficking
People Trafficking
S.98D(1) CA1961
20yrs Imprisonment
-Who arranges, organises or procures
a) 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 1 or more acts of coercion against the person, (or) 1 or more acts of deception of the person, or both (or)
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 reception, recruitment, transport, transfer, concealment, or harbouring of the person involves 1 or more acts of coercion against the person (or) 1 or more acts of deception of the person, or both
Define ‘Obtain’
To obtain or retain for ones self or someone else
Define ‘Disclosure’
Does not need to relate to criminal offending and can be relevant information that the release of would cause serious embarrassment or emotional distress to the victim
What must the Crown prove for a charge of blackmail
-The identity of the suspect
-That they threatened expressly or by implication to:
-make any accusation against any person (living or dead) (or)
-disclose something about any person (living or dead) (or)
-cause serious damage to property (or)
-endanger the safety of any person
AND
-cause the person being threatened to act in accordance with their will
-obtain any benefit or to cause loss to any person
-
List the section, punishment and elements for Smuggling Migrants
Smuggling Migrants
S.98C (1) CA1961
20yrs Imprisonment
-Who arranges for an unauthorised migrant to enter New Zealand and:
a) Does so for a material benefit and
b) Either knows that the person is, or is reckless as to whether the person is an unauthorised migrant
Smuggling Migrants
S.98C (2) CA1961
20yrs Imprisonment
a) Does so for a material benefit and
b) Either knows that the person is, or is reckless as to whether the person is and unauthorised migrant AND
-either:
(i) knows that the person intends to trey and enter the state (or)
(ii) is reckless as to whether the person intends to try and enter the state
How can the threat be communicated to the victim
It can be made directly to the victim, BUT it can also be indirectly communicated to the victim as long as they receive it
Define ‘Pecuniary Advantage’
A financial gain or benefit that enhances someones financial position
Define ‘Exploit’ as it relates to People Smuggling
To exploit is to cause, or have caused, a person, by an act of deception or coercion to be involved in:
(a) Prostitution or other sexual services
(b) Slavery, practices similar to slavery, servitude, forced labour, or other forced services
(c) the removal of organs
What is the defence to Blackmail
S.237(2) outlines the defence against Blackmail
If the the defendant can show that they were entitled to obtain the benefit or to cause the loss and that the making of the threat was a reasonable and proper means for obtaining the benefit or causing the loss.
It will then be up to the Judge or Jury to determine whether the means were reasonable and proper.
Define ‘Valuable Consideration’
Money or money’s worth
Define ‘Privilege’
A special right or advantage, need not be financial
What is the maximum sentence for blackmail
14 Years Imprisonment
List the section, penalty and elements for Blackmail
Blackmail
S.237 CA1961
14yrs Imprisonment
-Who threatens, expressly or by implication to make:
-Any accusation against any person (whether living or dead)
-To disclose something about any person (whether living or dead)
-To cause serious damage to property
-Endanger the safety of any person with intent to:
a) -To cause a person to whom the threat is made to act in accordance with the will of the person making the threat AND
b) -To obtain any benefit or to cause loss to any other person
List the section, penalty and elements for People Trafficking
People Trafficking
S.98D(1) CA1961
20yrs Imprisonment
-Who arranges, organises or procures
a) 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 1 or more acts of coercion against the person, (or) 1 or more acts of deception of the person, or both (or)
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 reception, recruitment, transport, transfer, concealment, or harbouring of the person involves 1 or more acts of coercion against the person (or) 1 or more acts of deception of the person, or both
