Abduction Flashcards
Abduction - section and ingredients
Section 208(a) or (b) or (c) of crimes act
- 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 have sexual connection with some other person
R v Chartrand on unlawfully
without lawful justification or authority
R v Crossan on taking away or detaining
Taking away and detaining are separate and distinct offences. The first consists of taking the victim away, the second is detaining them
R v Wellard on taking away
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
R v Pryce on detaining
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.
A person
Gender neutral, proven by judicial notice or circumstantial evidence
What is consent
Consent is a persons conscious and voluntary agreement to something desired or proposed by another
R v Cox on consent
Consent must be full, voluntary, free and informed… freely and voluntarily given by someone in a position to form a rational judgement
What is obtaining consent by fraud
Consent obtain by the misrepresentation of the facts or the offenders intentions
What is obtaining consent by duress
Consent obtained by actual or implied threat of force to the victim or another person. Can include other forms of pressure or action
How old must you be to be able to consent to being taken away?
A child under the age of 16 years cannot consent to being taken away
What is intent
Intent is when someone means to do it, they desire a specific result and act with the aim or purpose of achieving it
R v Mohan on intent
A decision to bring it about, in so far as it lies within the accused’s power, the commission of the offence
R v Waaka on intent
A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act
R v Mohi on intent
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
What is meant by 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
What is a sexual connection
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
What does it mean to cause him or her to be married or have sexual connection with some other person
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
