Abduction

Question 1

Abduction

Section and Penalty

Answer 1

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

14 years imprisonment

Question 2

Abduction Ingredients

Answer 2

• 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 to have sexual connection with some other person

Question 3

Define Unlawfully

Answer 3

Without lawful justification, authority or excuse

Question 4

R V CROSSAN

Answer 4

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

Question 5

R V WELLARD

Answer 5

The essence of the offence of kidnapping is the deprivation of liberty coupled with carrying away from the place where the victim wants to be.

Question 6

R V PRYCE

Answer 6

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 7

Define Person

Answer 7

Gender neutral proven by judicial notice or circumstantial evidence.

Question 8

Define Consent

Answer 8

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

Question 9

R V COX

Answer 9

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

Question 10

Consent by fraud

Answer 10

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

Question 11

Consent by duress

Answer 11

Actual or implied threats of force to the victim or another person. Can include other forms of pressure or coercion.

Question 12

Child under 16 - Consent

Answer 12

Section 209A Crimes Act 1961

For the purpose of S208 and S209,a person under the age of 16 years cannot consent to being taken away or detained.

Question 13

Define Intent

Answer 13

In a criminal law contest there are two specific types of intent. First, there must be an intent to commit the act itself and second, an intention to get a specific result.

Question 14

R V MOHI

Answer 14

The offence is complete once there has been a period of detention or taking accompanied by the necessary intent, regardless of whether that intent was carried out.

Question 15

R V WAAKA

Answer 15

Intent my be formed at any time during the taking away. If a taking away commences without the intent to have intercourse, but that intent is formed during the taking away, then that is sufficient for the purpose of the section.

Question 16

Define ‘Marry him or her’

Answer 16

In this context, ‘to marry’ means to engage in a marriage solemnised in accordance of the Marriage Act 1955.

Question 17

Define ‘Have sexual connection with him or her’

Answer 17

(a) Connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purpose, 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 a 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

Applies to situations where the victim is taken away or detained and the abductors intent is to enable another person to marry or have sexual connection with the victim.