Abduction Flashcards
Abduction
Section penalty ingredients
Abduction
Section 208(a) or (b) or (c) Crimes Act 1961
14 years imprisonment
Unlawfully
Takes away or Detains
A Person
Without his or her consent
or
With his or her consent obtained by fraud or duress
With Intent to:
a) marry him or her or
b) have sexual connection with him or her or
c) cause him or her to be married to or to have sexual connection with some other person
Unlawfully
Without lawful justification, authority or excuse
R v Crossan
R v Crossan
Taking away and detaining are “separate and distinct offences.”
The first consists of taking the victim away.
The second of detaining them.
R v Wellard
The essence of…
R v Wellard
The essence of the offence of kidnapping is the deprivation of liberty coupled with carrying away from the place where the victim wants to be.
R v Pryce
Detaining is an
R v Pryce
Detaining is an active concept meaning to keep in confinement or custody. This is to be contrasted to the passive concept of harbouring or mere failure to hand over.
R v Cox
Consent must be…
R v Cox
Consent must be full, voluntary, free and informed. Freely and voluntarily given by a person in a position to form a rational judgement.
To Obtain Consent by FRAUD
Consent obtained by…
To Obtain Consent by FRAUD
Consent obtained by the misrepresentation of the facts or the offenders intentions.
To obtain consent by DURESS
To obtain consent by DURESS
Actual or implied threat of force to the vic or another person.
Can include other forms of pressure or coercion.
Child under 16
Section 209A Crimes Act 1961
For the purposes of S208 and S209, a person under the age of 16 years cannot consent to being taken away or detained.
R v Mohi
The offence is complete…
R v Mohi
The offence is complete once there has been a period of detention
or a taking accompanied by the necessary intent,
regardless of whether that intent was carried out.
R v Waaka
Intent may be…
R v Waaka
Intent may be formed at any time during the taking away.
If a taking away commences without the intent to have intercourse,
but that intent is formed during the taking away,
then that is sufficient for the purposes of the section.
a) Marry him or her
In this context, “to marry” means to engage in a marriage solemnised in accordance with the provisions of the Marriage Act 1955.
b) Have Sexual Connection With Him or her
Sexual Connection - Sec 2 Crimes Act 1961
(a) connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of-
(i) a part of the body of another person; or
(ii) an object held or manipulated by another person;
or
(b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus; or
(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b).
c) Cause to be married or have sexual connection with some other person:
Of note only
This relates to situations where the abductor takes away or detains a victim to enable another person to marry them.
OR
Under this provision, the offenders intent is to enable another person to have sexual connection with the victim.
