Abduction

Question 1

Abduction

Answer 1

Section 208 (a) or (b) or (c) Crimes Act 1961

Question 2

Penalty

Answer 2

14 years

Question 3

Elements

Answer 3

1. Unlawfully
2. Takes Away or Detains
3. A person
4. Without his/her consent OR with his/her consent obtained by fraud or duress
5. With intent to:
   a) marry him/her
   b) have sexual connection with him/her
   c) cause him/her to be married to or to have sexual connection with some other person

Question 4

Unlawfully

Answer 4

Without lawful justification, authority or excuse

Question 5

R v Crossan

Answer 5

Taking away and detaining are “separate and distinct offences. The first consists of taking [the victim] away, the second of detaining them”

Question 6

R v Wellard - Takes Away

Answer 6

The essence of the offence of kidnapping is the “deprivation of liberty couple with a carrying away from the place where the victim wants to be”

Question 7

R v Pryce - Detains

Answer 7

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.

Question 8

A person

Answer 8

Gender Neutral. Proven by judicial note or circumstantially.

Question 9

Consent

Answer 9

is a person’s conscious and voluntary agreement to something desired or proposed by another.

Question 10

R v Cox

Answer 10

Consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgement”

Question 11

To obtain consent by fraud

Answer 11

Consent obtained by the misrepresentation of the facts or the offenders intentions

Question 12

To obtain consent by Duress

Answer 12

Consent obtained by actual or implied threat of force to the victim or another person. Can include other forms of pressure or coercion.

Question 13

Child under 16 years & consent

Answer 13

A child under the age of 16 years cannot consent to being taken away or detained
Sec 2019A, Crimes Act 1961

Question 14

Intent

Answer 14

In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

Question 15

R v Mohi

Answer 15

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

Question 16

Marry

Answer 16

In this context the term ‘to marry’ means to engage in a marriage solemnised in accordance with the provision of the Marriage Act 1955

Question 17

Sexual Connection

Answer 17

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
ii) an object held or manipulated by another person

b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus
c) the continuation of connection of a kind described in paragraph a or b

Question 18

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

Answer 18

This relates to situation where the abductor takes away or detains a victim to enable another person to marry them

OR

Under this provision the offender’s intent is to enable another person to have sexual connection with the victim.