Version as at
6 November 2021
(2)
Crimes Act 1961
Part 5 s 98F
(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 commis‐
sion 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.
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 require‐
ment 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 per‐
son convicted of an offence against section 98C or section 98D.
Section 98E: inserted, on 18 June 2002, by section 5 of the Crimes Amendment Act 2002 (2002
No 20).
98F Attorney-General’s consent to prosecutions required
(1)
Proceedings for an offence against section 98C or section 98D cannot be
brought in a New Zealand court without the Attorney-General’s consent.
(2)
A person alleged to have committed an offence against section 98C or section
98D may be arrested, or a warrant for the person’s arrest may be issued and
executed, and the person be remanded in custody or on bail, even though the
Attorney-General’s consent to the bringing of proceedings against the person
has not been obtained.
Section 98F: inserted, on 18 June 2002, by section 5 of the Crimes Amendment Act 2002 (2002
No 20).
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