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Question 1

What are the ingredients for demanding with intent to steal

Answer 1

Section 239(1)CA61- Without claim of right,by force or by threat,

compels any person to execute,make, accept,endorse,alter,destroy any document capable of conferring a pecuniary advantage

with intent to obtain a benefit. ( 14 years imprisonment).

Section 239(2)CA 61- With menaces or by any threat , demands any property from any persons with intent to steal it.
( 7 years imprisonment)

Question 2

Explain the intents for blackmail

Answer 2

Section 237- CA 61
To cause a 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 to cause loss to any other person.

Question 3

State and explain the three main investigative approach options for people trafficking and migrant smuggling

Answer 3

1/ Reactive investigation- Victim led and often initiated by an approach to police by the victim or another person acting on behalf of the victim.

2/Proactive investigation- Police led. A combination of standard investigation techniques supplemented by intelligence to identify and locate the traffickers, gather evidence and instigate proceedings against them.

3/Disruptive investigation - Appropriate in the circumstances where the level of risk to the victim demands an immediate response and proactive or reactive approaches are not practicable options

Question 4

Explain R V Strum

Answer 4

To stupefies means to cause and effect on the mind or nervous system of a person which really seriously interferes with that persons mental or physical ability to act in any way which might hinder a particular crime

Question 5

Explain grievous bodily harm which is not limited to immediate physical harm

Answer 5

Giving a person HIV- R V MWAI. Expert medical evidence that HIV follows “ a steady relentless progression leading AIDS and then inevitably to death is sufficient to establish that the defendant had cause grievous bodily harm.

Question 6

Peneha V Police

Answer 6

It is sufficient that the actions of the defendant forcibly interfere with personal freedom

or amount to forcible powerful or violent action or motion

producing a very marked or powerful effect tending to cause bodily injury or discomfort

Question 7

defence against blackmail

Answer 7

R V Marshall- An accused can avoid liability where he or she believes in an entitlement to obtain a benefit or cause loss

,and, objectively viewed ,

the threat is a reasonable and proper means for bringing about that obtaining or causing the loss.

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