Abduction

Question 1

Act and section of Abduction

Answer 1

Section 208 (a) or (b) or (c) of the crimes act 1961

Question 2

Imprisonment of abduction

Answer 2

14 years

Question 3

Ingredients

Answer 3

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
(b) have sexual connection with him or her,
Or
(C) cause him or her to be married to
Or
To have sexual connection with some other person.

Question 4

Definition of unlawfully

Answer 4

Without lawful justification, authority or excuse.

Question 5

Case law for takes away or detains

Answer 5

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.

Question 6

Takes away definition

Answer 6

The essence of the offence of kidnapping is the de”deprivation of liberty coupled with a carrying away from the place where the victim wants to be” R V WELLARD

Question 7

Detains definition

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 R V PRYCE

Question 8

A person definition

Answer 8

Gender neutral. Proven by judicial notice or by circumstantially

Question 9

Definition of consent

Answer 9

Consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgment.”
R v Cox

Question 10

Definition of consent by fraud

Answer 10

To obtain consent by fraud:

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

Question 11

Definition of consent by duress

Answer 11

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

Question 12

Can under 16 give consent?

Answer 12

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

Question 13

Definition of intent

Answer 13

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 14

Intent case law

Answer 14

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.
R v Mohi

Question 15

Definition of marry

Answer 15

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 16

Definition of sexual connection

Answer 16

Sexual Connection - Sec. 2, Crimes Act 1961
Sexual connection means—

(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; or
(ii) ​an object held or manipulated by another person; or

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

Question 17

Definition of cause to be married to or have sexual connection to some other person

Answer 17

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