Base de données Jurisprudence

Trafic illicite de migrants

Délit(s) / Infranction(s)

• Fait de permettre l’entrée illégale
• Proxénétisme, fournir ou de posséder un Voyage frauduleux ou document d'identité en relation avec le trafic de migrants

R v Wang (2012) NZHC 1087 (18 May 2012)

Résumé des faits

In this case, a Chinese national was apprehended at Christchurch airport on 31 July 2011 when he presented a forged Taiwanese passport (with which he would obtain visa-free entry in New Zealand). The man had arrived on a commercial flight from Kuala Lumpur, Malaysia and was accompanied by another man who was later accused of being the smuggler. The Chinese man was later convicted in relation to passport offences, while charges against the other man were dropped for evidentiary reasons.

The smuggled migrant, Mr Hong Liu, together with the Mr Chung Chen Wang arrived in Christchurch on a commercial flight from Kuala Lumpur on 31 July 2011 at 11:00 pm. Mr Hong Liu produced a forged Taiwanese passport to immigration authorities on arrival. It was alleged that Mr Chung Chen Wang organised the unauthorised entry (presumably the false passport) for the smuggled migrant.

The smuggled migrants reportedly borrowed NZD 26,000 to loan-sharks in China to pay for the false passport. It is not known whether this was handed to the alleged smuggler or not.

Commentaire / Faits marquants

After much of the evidence against him was ruled inadmissible, the case against Mr Wang was dropped and he returned home to Taiwan. He had however, spent nine months in custody.

Questions transversales

Responsabilité

Responsabilité pour

• Infraction consommée

Responsabilité impliquant

• Auteur principal (d’une infraction)

Commission d’une infraction

Détails

• Produite dans un (ou plusieurs) des frontières internationales (transnational)

Pays concernés

Malaisie

Nouvelle-Zélande

Informations sur la procédure

Système juridique:
Droit commun
 
Procédure #1:
  • Étape:
    Autre
  • Numéro de dossier officiel:
    R v Wang [2012] NZHC 1087 (18 May 2012)
  • Tribunal

    Titre

    High Court of New Zealand

     

    Location

  • Ville:
    Christchurch
  • • Criminel / pénal

    Description

    During the committal hearing the defence contested a number of pieces of evidence relating to the smuggling migrants charge against Mr Wang. Chisholm J ruled that propensity evidence demonstrating Mr Wang's prior offending was prejudicial and therefore, inadmissible. Furthermore, the initial interview of the accused, carried out by a New Zealand customs official was deemed inadmissible. As a result, the prosecution dropped the charges against Mr Wang.

     

    Migrants

    Migrant:
    1 adult man
    Sexe:
    Homme
    Nationalité:
    Chinois
    The smuggled migrant, Mr Liu, was sentenced to 18 months jail for producing a false passport. However, this was reduced on appeal. After serving his sentence Mr Liu was deported to China.

    Défendeurs / Répondants de la première instance

    Nombre d'autres accusés:
    2
    Prévenu:
    Chung Chen Wang
    Sexe:
    Homme
    Nationalité:
    Chinois
    Ancienneté:
    63

    Mr Chung Chen Wang (from Taiwan) initially appeared before the Christchurch District Court on 23 August 2011 when he was remanded in custody. Charges relating to migrant smuggling against him were later dropped after key evidence was deemed inadmissible by the High Court of New Zealand.

    Prévenu:
    Hong Liu
    Nationalité:
    Chinois

    Accusations / Demandes d’indemnité / Décisions

    Prévenu:
    Chung Chen Wang
    Statut:
    Crimes Act 1961 (NZ)section 98C - Smuggling migrants
    Détails de charges:

    It was alleged that Mr Chung Chen Wang was had organised the unauthorised arrival of Mr Hong Liu on 31 July 2011 by furnishing him with a forged Taiwanese passport, which would have enabled Mr Hong Liu to enter New Zealand without a visa.

    The prosecution alleged that Mr Chung Chen Wang had previously been involved in facilitating illegal entry in New Zealand as well as Australia and Canada by using forged documents. The evidence relating to these claims was, however, later ruled to be inadmissible.

    Prévenu:
    Hong Liu
    Détails de charges:

    It was alleged that Mr Hong Liu's unauthorised arrival into New Zealand, i.e. the use of a false passport, was organised by Mr Chung Chen Wang. Mr. Liu was charged with passport fraud.

    Mr Hong Liu reportedly borrowed NZD 26,000 from loan-sharks in China to pay for the false passport. It is not know whether this was handed to Mr Chung Chen Wang or not.

    Tribunal

    High Court of New Zealand

    Sources / citations

    R v Wang [2012] NZHC 1087 (18 May 2012)

    This entry was copied from The Migrant Smuggling Case Database, launched by the University of Queensland Migrant Smuggling Working Group in August 2013.