Abduction And Kidnappig Flashcards
Kidnapping
Section 209, CA1961
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
Abduction for purposes of marriage or civil union or sexual connection Section 208
CA1961
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.
Abduction of young person under 16
section 210 (1) CA61
And
Section 210 (2)
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.
R v CROSSAN
Taking v Detaining
Taking away and detaining are “separate and distinct offences. The first consists of taking the victim away, the second of detaining them.
Taking away…
R v WELLARD
Man approaches couple as a Police Officer and takes female back to car to be rescued by boyfriend.
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”.
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.
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.
Without his/her consent
Consent is a persons conscious and voluntary agreement to someone desired or proposed by another.
R v COX
Consent must be full voluntary, free and informed.. freely and volunteered given by a person in a position to form a rational judgement.
A PERSON…
ENSURE YOU ADDTO LIABILITY
Add
A person and cover off in liability
R v COX mentions a person
Other words for coercion
Compulsion, duress, intimidation, violence enforcement, restraint
Duress
The critical question is whether the threats pressure or coercion were such that they overcame the will of the victim.
R. Mohi
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.
Kidnapping
S.209
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
Kidnapping case law
MOHI
CROSSAN
WELLARD
Kidnapping intents
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)
Without intent to hold him or her to service
Means…
This provision relates to the situations where the offenders intent is to keep the victim as a servant or slave.
Section 209A
Section 127
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.
Abduction of a young person under 16
Section ….
210 (1) and (2)
Unlikely to be a liability..
Good faith defence to be tested.
Sec 210 (1)
Abduction of a young person under 16
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.
Sec 210 (2)
Receiving a young person
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.
To entice means to…
Tempt, persuade, or attract by arousing hope or desire.
Section 210 (3) A
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.
Sexual connection means
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)
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..
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.
What are the three intents required in relation to abduction?
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.
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?
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
Consent means…
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 .
**Ransom means
**A sum of money demanded or paid for the release of a person being held captive
