Abduction And Kidnappig

Question 1

Kidnapping

Section 209, CA1961

Answer 1

Unlawfully

Takes away OR detains

A person

Without their consent OR with consent obtained by fraud or duress

With intent to

a) hold him for ransom
b) cause him to be confined or imprisoned
c) cause him to be sent or taken out of NZ

Question 2

Abduction for purposes of marriage or civil union or sexual connection Section 208

CA1961

Answer 2

Unlawfully

Takes away OR detains

A person

Without their consent OR with consent obtained by fraud or duress

With intent to

a) go through a form of marriage or civil union
b) have sexual connection with that Person
c) cause the person to go through a form of marriage or civil union, or to have sexual connection, with some other person.

Question 3

Abduction of young person under 16

section 210 (1) CA61

And

Section 210 (2)

Answer 3

1)Everyone is liable for a term of 7 years who,

with intent to deprive a parent or guardian or other person having the lawful care or charge of a person of the possession of the young person

Unlawfully takes or entices away or detains the young person.

2) everyone is liable for a term of imprisonment it exceeding 7 years who receives a a young person ,

Knowing that he or she has been unlawfully taken or enticed away or detained with intent to deprive a parent or guardian or other person of having the lawful care or charge of the young person.

Question 4

R v CROSSAN

Taking v Detaining

Answer 4

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

Question 5

Taking away…

R v WELLARD

Man approaches couple as a Police Officer and takes female back to car to be rescued by boyfriend.

Answer 5

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 6

Detains

R v PRYCE

‘Detaining’ is an active concept rather than passive one. It involves doing something to impose a constraint or restraint on the person detained.

Answer 6

Detaining is an active concept meaning to “keep in confinement or custody”.

This is to be contrasted to the passsive concept of “harbouring” or mere failure to hand over.

Question 7

Without his/her consent

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

R v COX

Answer 7

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

Question 8

A PERSON…

ENSURE YOU ADDTO LIABILITY

Answer 8

Add

A person and cover off in liability

R v COX mentions a person

Question 9

Other words for coercion

Answer 9

Compulsion, duress, intimidation, violence enforcement, restraint

Question 10

Duress

Answer 10

The critical question is whether the threats pressure or coercion were such that they overcame the will of the victim.

Question 11

R. Mohi

Answer 11

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 necessary…. that the crown should show the intent be carried out.

Question 12

Kidnapping

S.209

Answer 12

Everyone who unlawfully, takes away a person without his consent or with his consent obtained by fraud or duress.

A) with intent to hold him for ransom or service
B) with intent to cause him to be confined or imprsioned
C) with intent to cause him to be sent or taken from NZ

Question 13

Kidnapping case law

Answer 13

MOHI
CROSSAN
WELLARD

Question 14

Kidnapping intents

Answer 14

A) ransom
B) detain or imprisonment (a question of fact decided on the circumstances as a whole)
C) cause to be sent or taken (airplanes)

Question 15

Without intent to hold him or her to service

Means…

Answer 15

This provision relates to the situations where the offenders intent is to keep the victim as a servant or slave.

Question 16

Section 209A

Section 127

Answer 16

S 209A-For sec 208-209 a person cannot consent to being taken away or detained.

S 127- no presumption in law that a person is incapable of sexual connection because of their age.

Question 17

Abduction of a young person under 16

Section ….

Answer 17

210 (1) and (2)

Unlikely to be a liability..

Good faith defence to be tested.

Question 18

Sec 210 (1)

Abduction of a young person under 16

Answer 18

With intent to deprive a parent or guardian or other person having lawful care or charge of a young person of the possession of of the young person, unlawfully takes or entices away or detains the young person.

Question 19

Sec 210 (2)

Receiving a young person

Answer 19

Everyone who receives a young person, knowing that he or she has been unlawfully taken or enticed away or detained with intent to deprive the parent or guardian or other person having lawful care or charge of him or her offhe possession of him or her.

Question 20

To entice means to…

Answer 20

Tempt, persuade, or attract by arousing hope or desire.

Question 21

Section 210 (3) A

Answer 21

A person who claims in faith a right to the possession of the child under 16 cannot be convicted against 209 or 210 because he or she gets possession of the young person.

Question 22

Sexual connection means

Answer 22

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 23

Kidnapping legislation

Everyone is liable to imprisonment for a term not exceeding 14 years who unlawfully takes away or detains a person without his or her consent or with his or her consent obtained by fraud or duress..

Answer 23

a) with intent to hold him or her for ransom or to service; or
(b) with intent to cause him or her to be confined or imprisoned; or
(c) with intent to cause him or her to be sent or taken out of New Zealand.

Question 24

What are the three intents required in relation to abduction?

Answer 24

a) with intent to go through a form of marriage or civil union with P; or
(b) with intent to have sexual connection with the person
(c) with intent to cause The person to go through a form of marriage or civil union, or to have sexual connection, with some other person.

Question 25

A 15 yr old girl consents to e car with a stranger who, unbeknown to her, has the intent to have sex with her. Is he guilty of abduction?

Answer 25

Yes. CA 209A Young person under 16 cannot consent to be taken away or detained.

For the purposes of sections 208-209, a r the age of 16 years can not consent to. Being taken away or detained

Question 26

Consent means…

Answer 26

Consent

A persons conscious and voluntary agreement to do something desired or proposed by another.

R v COX

CONSENT must be full, voluntary, free and informed. Freely and voluntary given by a person in a position to form a rational judgement .

Question 27

**Ransom means

Answer 27

**A sum of money demanded or paid for the release of a person being held captive