Smuggling of migrants
  • Offences

    • • Financial or other material benefit (to smuggler)
  • Aggravations

    • • Endangering lives or safety of smuggled migrants
      • Inhuman or degrading treatment
Trafficking in persons
  • Offences

    • • Trafficking in children (under 18 years)
      • Trafficking in persons (adults)
  • Exploitative Purposes

    • • Exploitation of the prostitution of others or other forms of sexual exploitation
      • Forced labour or services
      • Removal of organs

New Zealand

Crimes Act 1961

 Section 98E

UNTOC Articles

  • Organized Crime Convention

  • Article 11 : Prosecution, adjudication and sanctions
  • Trafficking in Persons Protocol

  • Any Article
  • Smuggling of Migrants Protocol

  • Any Article
  • Firearms Protocol

    Original Text

    98E Aggravating factors

    (1) When determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98C or section 98D, a court must take into account—

    (a) whether bodily harm or death (whether to or of a person in respect of whom the offence was committed or some other person) occurred during the commission of the offence:

    (b) whether the offence was committed for the benefit of, at the direction of, or in association with, an organised criminal group (within the meaning of section 98A(2)):

    (c) whether a person in respect of whom the offence was committed was subjected to inhuman or degrading treatment as a result of the commission of the offence:

    (d) if during the proceedings concerned the person was convicted of the same offence in respect of 2 or more people, the number of people in respect of whom the offence was committed.

    (2) When determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98D, a court must also take into account—

    (a) whether a person in respect of whom the offence was committed was subjected to exploitation (for example, sexual exploitation, a requirement to undertake forced labour, or the removal of organs) as a result of the commission of the offence:

    (b) the age of the person in respect of whom the offence was committed and, in particular, whether the person was under the age of 18 years:

    (c) whether the person convicted committed the offence, or took actions that were part of it, for a material benefit.

    (3) The examples in paragraph (a) of subsection (2) do not limit the generality of that paragraph.

    (4) This section does not limit the matters that a court may take into account when determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98C or section 98D.

     
     
     
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