SPCS

SOCIETY FOR PROMOTION OF COMMUNITY STANDARDS INC.

Sex txts can end with jail

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Your private text messages are officially “publications” and writing something objectionable could land you in jail for 10 years according to a landmark ruling.

The ruling was made in January after lawyers sought to have a man’s sexual text messages to a 12-year-old girl classified as “objectionable publications” so he could be prosecuted for distributing banned material.

NetSafe chief technology officer Sean Lyons, whose organisation advises on digital safety, said “the fact they’ve said you can now call a text a publication – that’s a big deal. It’s another case for all of us in our increasingly connected world – here’s another one of these ‘stop, think and check’ processes before we create content.”…………..

A bill before Parliament would stop such a situation from occurring again. The Objectionable Publications and Indecency Legislation Bill, currently at select committee stage, would introduce an offence of “indecent communication with a young person” where the onus would be on any “sexter” to determine whether the recipient was 16 or older.

A 2014 survey by internet security firm McAfee found that 54 per cent of users had sent or received “intimate content”. For 18 to 24 year-olds the proportion rose to 70 per cent.

Full story here: http://www.stuff.co.nz/national/crime/10132043/Sex-txts-can-end-with-jail

The John Banks dilemna: Guilty or Convicted?

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If you were to look up the word Convict you will find that an overwhelming number of dictionaries give the definition as

Convict 1. Declare (someone) to be guilty of a criminal offence by the verdict of a jury or the decision of a judge in a court of law.

Convict 1. Law To find or prove (someone) guilty of an offense or crime, especially by the verdict of a court:

con•vict  verb (used with object)
1.to prove or declare guilty of an offense, especially after a legal trial: to convict a prisoner of a felony.
2. to impress with a sense of guilt.

Why it matters [and how it applies to the John Banks case]

Source: http://www.transparency.net.nz/2014/06/07/guilty-or-convicted-the-john-banks-dilemma/

[Read more…]

Offences by bankrupt in relation to management of companies – and penalties

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The Insolvency Act 2006 sets out Offences in relation to the management of companies by those persons who have been adjudicated bankrupt.

Offences in relation to management of companies

436 Offence by bankrupt in relation to management of companies

(1) A bankrupt commits an offence if he or she—

  • (a) acts as a director of a company; or

  • (b) fails without reasonable excuse to comply with section 149.

(2) Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence under subsection (1) ends on the date that is 2 years after the date on which the offence was committed.

437 Penalties for offence in relation to management of companies

Penalties for offence in relation to management of companies

  • A person who commits an offence under section 436 is liable, on conviction, to imprisonment for a term not exceeding 2 years.

    Note: It is at the Official Assignee’s discretion that prosecution can proceed. S. 438 makes it clear that this can proceed if reasonable grounds are certified by the Crown Solicitor. 

 

Prosecution of company directors in breach of s. 261 of Companies Act 193

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Under s. 261 of the Companies Act 1993 a liquidator of a company has powers to obtain documents and information from a former director of the failed company. Failure to provide that information to the liquidator can result in the director being prosecuted and if convicted of an offence under s. 261, he or she “liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years”.

If the company director has been adjudicated as a bankrupt at the time of sentencing a judge would be compelled to impose a prison sentence rather than impose a fine. If the offending involved long-term and systematic refusal to supply documents to a number of liquidators involving multiple companies of which he/she had been a director, and the non-compliance showed a pattern of flagrant disregard for the law, a judge would no doubt be compelled to impose a maximum sentence. For to do so would be in the public interest because the law has a pedagogical role in addition to a punitive element designed to bring offenders to their senses regarding the rule of law as it prescribes and defines criminal behaviour.

Section 261 of the Companies Act entitled “Power to obtain documents and information” includes: [Read more…]

E-Gas managers jailed over fraud

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The former managers of retail gas supplier E-Gas have been imprisoned for three years, and 3-1/2 years respectively, for fraud of at least $9.75 million.

Sydney Lio John Hunt, 46, and Ronald Peter Rosenberg, 73, were last month found guilty on multimillion-dollar fraud charges for under-reporting the amount of gas supplied to customers.

Wellington District Court judge Bruce Davidson today sentenced Hunt to 3-1/2 years’ jail, and Rosenberg to three years.

Rosenberg was also ordered to pay $400,000 reparation within 28 days.

The Serious Fraud Office (SFO) alleged during the month-long trial that E-Gas under-reported consumption by about 950,000 gigajoules, worth about $8.7m, and penalties were avoided to the value of about $8.6m between May 2003 and October 2008.

To see full story published 30/05/14 go to:

http://www.stuff.co.nz/business/industries/10099038/Jail-terms-for-E-Gas-managers