Abduction Flashcards
Section
Section 208(a) or (b) or (c), Crimes Act 1961
Penalty
14 years
Ingredients
1) Unlawfully
2) Takes away or Detains
3) A Person
4) Without his or her consent OR With his or her consent obtained by fraud or duress
5) With intent to a)Marry him or her or
b)Have sexual connection with him/her
c) Cause him/her to be married or
to have sexual connection with some
other person
Takes away
R v Wellard
The essence of the offence of kidnapping is the “deprivation of liberty coupled with a carrying away from the place where the victim wants to be”
Detains
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.
Person
Gender neutral. Proven by judicial notice or by circumstantially.
Consent
“Consent” is a person’s conscious and voluntary agreement to something desired or proposed by another.
R v Cox
Consent
Consent must be “full, voluntary, free and informed…freely and voluntarily given by a person in a position to form a rational judgment”
To obtain consent by fraud
Consent obtained by misrepresentation of the facts or the offenders intentions.
To obtain by duress
Consent obtained by actual or implied threat of force to the victim or another person. Can include other forms of pressure or coercion.
Child
A child under the age of 16 cannot consent to be taken away or detained. 209A Crimes Act 1961.
Intent
Mean to do it, they desire a specific result and act with the aim and purpose of achieving it
R v Mohan
A decision to bring about, in 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 must a firm intent or a firm purpose to effect the act.
R v Mohi
The offence is committed at the time of taking away, so long as there is, at the moment, the necessary intent. It has never been as regarded as necessary…that the Crown should show the intent was carried out.
