Saving feelings with death threats (Beijing woman New Zealand accused of death threats)

20 19 10 8. Miss Guo from Beijing arrived in New Zealand with a tourist visa, saying that she hoped to save her boyfriend Kang who had been in contact for six years. However, her boyfriend failed to save her, but she was taken to court and charged with "threatening crime", which can be sentenced to a maximum of seven years in prison. In the indictment, Kang claimed that he and Miss Guo only had an employment relationship, saying that Miss Guo was threatened by "no courtship". Miss Guo once sent a message with the word "kill" to the other party. Up to now, the case has been half a year and there is no result. Due to the epidemic in New Zealand, Miss Guo has no time to return to China.

On April 26th, Miss Guo told Southern Reporter, "I didn't expect to end my life for such a person." In addition, the reporter repeatedly tried to contact Kang for information.

He said that he only wanted to save his boyfriend, but he was accused of "death threats".

According to Miss Guo, she fell in love with Kang at the beginning of 20 14. On may 20 19, kang went to visit relatives in Auckland, new Zealand. She went to New Zealand with Kang. However, there was an argument on the plane. When he arrived at Auckland airport, Kang denied going to New Zealand with Miss Guo because Miss Guo could not provide her residence in New Zealand and was repatriated by the local immigration office.

Photo of two people provided by Miss Guo.

Miss Guo admitted that after returning to Beijing, Kang was very angry and left her alone at Auckland Airport. She said some fierce words to kang. At the end of last year, Miss Guo said that Kang still showed concern for her and thought that there was hope of reunion, so she flew to New Zealand on June 8 of that year 10, hoping to save her boyfriend.

Miss Guo recalled that on 201910/4, she had been to a relative's house where Kang lived for one day. It was raining heavily, but Kang never came out to meet her. 10 19 In the evening, two policewomen from Auckland came to her residence and arrested her. With the help of a policeman in China, Miss Guo, whose English is poor, learned that Kang had reported her death threats. After being released on bail pending trial, Miss Guo stayed in Auckland for trial.

Miss Guo said that her case was tried three times last year125 October, this year122 October and 65,438 February, and the court allocated local legal aid to her. She said that in court, she had no chance to explain more, except that she "pleaded not guilty" through an interpreter.

In the indictment, the "boyfriend" said that it was only an employment relationship, meaning that the other party was not allowed to woo.

However, according to the indictment provided by Miss Guo, the plaintiff Kang claimed that Miss Guo was employed as an intern in a domestic company, but was dismissed because of her unsatisfactory work performance. "During the three months of internship, Miss Guo still had a crush on the plaintiff, but this feeling was not responded and courtship was not allowed."

The indictment provided by Miss Guo.

According to the indictment, the plaintiff Kang said that he moved to New Zealand from China on May 20 19 to avoid the defendant Miss Guo, but the defendant still followed him to New Zealand. Since May 20 19, the defendant Miss Guo has sent threatening messages to the plaintiff Kang many times, including "I have 100 ways to kill you" and "Let your family be buried with you".

Regarding the employment relationship, Miss Guo said that when she joined a company on 20 13, she was a colleague with Kang, not an employer, and she left voluntarily.

When Southern Reporter asked Miss Guo whether she had sent the above threatening information, Miss Guo admitted that she had made fierce remarks such as "larger foe" when she was angry, but did not mention her family, most of which were sent in May 2065438+2009. She said, "I never intended to hurt Kang." However, she also said that because the mobile phone had been taken away by the police as evidence, she could not provide the Du Nan reporter with evidence of the original Chinese words.

Miss Guo also said that since her case was tried, she was scolded by a netizen on a social forum in New Zealand. On April 26th, Southern Reporter confirmed from AucklandCentralPoliceHub that Miss Guo did report a case of being attacked by online public opinion. The local police tracked down the netizen Zhang who sent the message and warned him.

Expert opinion: the relationship between the original defendant and the defendant does not affect the accusation, and there is a lot of room for discussion in this case.

Miss Guo said that Kang was her first love and had been on and off for six years, so "I can't let New Zealand get back together." "I am completely desperate for him now, but I didn't expect to end my life for such a person." Miss Guo claimed to be remorseful.

It is understood that Miss Guo went to New Zealand on June 8 last year 10, and has been released on bail pending trial. She stayed in the local area for more than half a year, but it is still far away to return to China. On April 26th, the reporter tried to contact Kang for details, but got no response.

On the same day, Southern Reporter consulted Wang Junzun, a senior lawyer of Royal New Zealand Law Firm. She pointed out that "threatening to kill" is an existing crime in New Zealand's criminal law. In New Zealand's criminal law, anyone who threatens to murder or harm another person's body, or sends a written letter containing any content of "murder" or "harm another person's body" commits the crime of "death threat" and can be sentenced to a maximum of seven years' imprisonment.

Wang Junzun said that the crime of "death threat" was criminal violence and the prosecution filed a public prosecution. Whether the original defendant has an employment relationship or a husband-and-wife relationship does not affect the filing of a lawsuit. When the plaintiff reports the case to the police as a victim and submits some threatening physical evidence, the prosecution can accuse the defendant of this crime.

However, Wang Junzun also pointed out that after the prosecution, whether the prosecution has enough evidence to prove that the defendant really intended to hurt or kill people when he said these words, so as to convict and sentence, there is still room for discussion. "Including these words is said when you are angry and sad, is it said once when you are excited, or repeated? Did the plaintiff exaggerate? Is there a difference between Chinese and English translation contexts? As she said, the original intention of "larger foe" is not necessarily killing people, but it may also be "it's ugly to break up". Besides these words, did the defendant say anything more violent? These are the main points that lawyers of both the prosecution and the defense need to debate. "

Wang Junzun said that even if the defendant did say threatening words, the judge would judge the sentence according to the actual severity or the real impact on the victim. If it is mild, it may only be a fine or imprisonment for one week. Be very cautious about sentencing to seven years. She believes that the key to the defendant's innocence lies in how the defense lawyer reasonably explains the defendant's behavior and convinces the judge.

She also reminded the public that most people think that words are just "talk", but they never thought that these words might pose a threat and violate the criminal law. She reminded that no matter what the relationship between people is, you need to pay attention to your words and think twice before you act.

Written by Southern Reporter Yu Yijing