Abduction

Question 1

Section

Answer 1

208 (c) Crimes act 1961 14yrs

Question 2

Ingrediants

Answer 2

1. Unlawfully
2. Takes away or detains
3. A Person
4. without consent OR with consent obtained by fraud or duress
5. With intent to
   (a) marry him or her OR
   (b) have sexual connection with him or her
   (c) cause him or her

to be married to or have sexual connection with some other person

Question 3

1.Unlawfuly

Answer 3

R V Chartrand

Without lawful justification, authority or excuse

Question 4

2.Takes away

Answer 4

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.

Takes away
R V Wellard
The essence of the offence of kidnapping is the depravation of liberty coupled with a carrying away from the place the victim wants to be.

Question 5

Detains

Answer 5

Detaining
R V Pryce
Detaining is an active concept meaning to”keep in confinement or custody”. This is to be contrasted with the passive concept of “harbouring” or mere failure to hand over.

Question 6

3. A Person

Answer 6

Person

Gender neutral. Proven circumstantially or by judicial notice

Question 7

4. Without consent OR With Consent obtained by fraud or duress

Answer 7

Consent
Consent is a persons conscious and voluntary agreement to something desired or proposed by another.

R V Cox
Consent must be full voluntary free and informed…. freely and voluntary given by a person in a position to form a rational judgement.

A child under the age of 16 years cannot consent to being taking away or detained. Sec 209A CA 61

To obtain consent by fraud
Consent obtained by the misrepresentation of the facts or the offenders intentions.

Question 8

5. With intent to
   (a) marry him or her OR
   (b) have sexual connection with him or her
   (c) cause him or her

to be married to or have sexual connection with some other person

Answer 8

Intent
Mean to do it , desire a specific result and act with the aim or purpose of achieving it.

R V Mohan
Intent involves a decision to bring about so far as it lies within the accused power the commission of the offence.

R V Waaka
A fleeting or passing thought is not sufficient. There must be a firm intent or firm purpose to effect an act.

R V Mohi
The offence is committed at the time of the taking away,so long as there is, at that moment the necessary intent.It has never been regarded as necessary that the crown prove the intent was carried out.

Marry
In this context the term to marry means to engage in a marriage solemnised in accordance with the provisions of the marriage act 1955

Cause to be married to or have sexual connection with some other person
This relates to situations where the abductor takes way or detains a victim to enable another person to marry them.