Abduction

Question 1

Abduction - section and ingredients

Answer 1

Section 208(a) or (b) or (c) of crimes act

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 or her
   OR
   c) cause him or her to be married to OR have sexual connection with some other person

Question 2

R v Chartrand on unlawfully

Answer 2

without lawful justification or authority

Question 3

R v Crossan on taking away or detaining

Answer 3

Taking away and detaining are separate and distinct offences. The first consists of taking the victim away, the second is detaining them

Question 4

R v Wellard on taking away

Answer 4

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

Question 5

R v Pryce on detaining

Answer 5

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 6

A person

Answer 6

Gender neutral, proven by judicial notice or circumstantial evidence

Question 7

What is consent

Answer 7

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

Question 8

R v Cox on consent

Answer 8

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

Question 9

What is obtaining consent by fraud

Answer 9

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

Question 10

What is obtaining consent by duress

Answer 10

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

Question 11

How old must you be to be able to consent to being taken away?

Answer 11

A child under the age of 16 years cannot consent to being taken away

Question 12

What is intent

Answer 12

Intent is when someone means to do it, they desire a specific result and act with the aim or purpose of achieving it

Question 13

R v Mohan on intent

Answer 13

A decision to bring it about, in so far as it lies within the accused’s power, the commission of the offence

Question 14

R v Waaka on intent

Answer 14

A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act

Question 15

R v Mohi on intent

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

What is meant by marry

Answer 16

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

Question 17

What is a sexual connection

Answer 17

a) connection effected by introduction into the genitalia or anus of a person
- body part
- object held or manipulated
OR
b) connection between mouth or tongue of a person and a part of another persons genitalia or anus
c) continuation of either of the above connection

Question 18

What does it mean to cause him or her to be married or have sexual connection with some other person

Answer 18

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