Abduction and Kidnapping Flashcards
Section 208(a) Crimes Act 1961
Everyone is liable to imprisonment for a term not exceeding 14y who 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 go through a form of marriage or civil union
Section 208(b) Crimes Act 1961
Everyone is liable to imprisonment for a term not exceeding 14y who 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 have sexual connection with
Section 208(c) Crimes Act 1961
Everyone is liable to imprisonment for a term not exceeding 14y who 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 cause them to go through a form of marriage or civil union, or to have sexual connection, with some other person
Unlawfully defintion
Without lawful justification or excuse
R v Crossan
Taking away v Detaining Case Law
Taking away and detaining are “separate and distinct offences.
Taking away
The victim is physically removed from one place to another
R v Wellard
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
Detaining is an active concept rather than a passive one. It involves doing something to impose a constraint or restraint on the person detained.
R v Pryce
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.
Without his/her consent
Consent is a person’s conscience and voluntary agreement to something desired or proposed by another.
R v Cox
Consent must be full, voluntary, free and informed freely and voluntarily given by a person in a position to form a rational judgment
With his/her consent obtained by fraud
Agreement to something when the facts or their intent has been misrepresented
With his/her consent obtained by duress
Agreement based on fear of the consequences.
The critical question in relation to duress is whether the threats, pressure or coercion are such that they destroy the reality of consent and overbear the will of the individual.
R v Mohi
The offence is committed at the time of taking away, with the necessary intent. Crown needn’t show the intent was carried out.
Sexual connection
(a) Connection effected by the introduction into the genitalia or anus of one person
(i) a part of the body of another person
(ii) an object held or manipulated by another person
(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)
Section 209(a) Crimes Act 1961
Any person who unlawfully takes away or detains a person without his/her consent or with his/her consent obtained by fraud or duress…
With intent to hold him/her for ransom or to service
Section 209(b) Crimes Act 1961
Any person who unlawfully takes away or detains a person without his/her consent or with his/her consent obtained by fraud or duress…
With intent to cause him/her to be confined or imprisoned
Section 209(c) Crimes Act 1961
Any person who unlawfully takes away or detains a person without his/her consent or with his/her consent obtained by fraud or duress…
With intent to cause him/her to be sent or taken out of NZ
With intent to hold him/her for ransom
A ransom is a sum of money demanded or paid for the release of a person being held captive.
With intent to hold him/her to service
Intent is to keep the victim as a servant or slave
With intent to cause him/her to be confined
Restricting their movements geographically as well as exercising control over them
With intent to cause him/her to be imprisoned
To confine them as if in prison or by putting them in prison. A locked room or the boot of a car.
Section 210(1) Crimes Act 1961
Abduction of young person under 16
Any person with intent to deprive a parent or guardian or other person having the lawful care or charge of a young person of the possession of the young person, unlawfully takes or entices away or detains the young person
Section 210(2) Crimes Act 1961
Any person who receives a young person, knowing that he/she has been unlawfully taken or enticed away or detained with intent to deprive a parent or guardian or person having the lawful care or charge of him/her of the possession of him/her.
Section 210(3) Crimes Act 1961
For the purpose of subsection 1 & 2
(a) it is immaterial whether the young person consents, or is taken or goes or is received at his/her own suggestion
(b) it is immaterial whether the offender believes the young person to be of or over the age of 16
Section 210(4) Crimes Act 1961
In this section young person means a person under the age of 16y
R v Chartrand
Whether the defendant may have had an innocent motive, or intended to interfere with possession for a very short period of time is beside the point.
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of age.
Takes or Entices away or Detains
To entice means to tempt, persuade, or attract by arousing hope or desire.
