Abduction and Kidnapping

Question 1

Section 208(a)
Crimes Act 1961

Answer 1

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

Question 2

Section 208(b)
Crimes Act 1961

Answer 2

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

Question 3

Section 208(c)
Crimes Act 1961

Answer 3

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

Question 4

Unlawfully defintion

Answer 4

Without lawful justification or excuse

Question 5

R v Crossan

Answer 5

Taking away v Detaining Case Law

Taking away and detaining are “separate and distinct offences.

Question 6

Taking away

Answer 6

The victim is physically removed from one place to another

Question 7

R v Wellard

Answer 7

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 8

Detains

Answer 8

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

Question 9

R v Pryce

Answer 9

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 10

Without his/her consent

Answer 10

Consent is a person’s conscience and voluntary agreement to something desired or proposed by another.

Question 11

R v Cox

Answer 11

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

Question 12

With his/her consent obtained by fraud

Answer 12

Agreement to something when the facts or their intent has been misrepresented

Question 13

With his/her consent obtained by duress

Answer 13

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.

Question 14

R v Mohi

Answer 14

The offence is committed at the time of taking away, with the necessary intent. Crown needn’t show the intent was carried out.

Question 15

Sexual connection

Answer 15

(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)

Question 16

Section 209(a)
Crimes Act 1961

Answer 16

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

Question 17

Section 209(b)
Crimes Act 1961

Answer 17

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

Question 18

Section 209(c)
Crimes Act 1961

Answer 18

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

Question 19

With intent to hold him/her for ransom

Answer 19

A ransom is a sum of money demanded or paid for the release of a person being held captive.

Question 20

With intent to hold him/her to service

Answer 20

Intent is to keep the victim as a servant or slave

Question 21

With intent to cause him/her to be confined

Answer 21

Restricting their movements geographically as well as exercising control over them

Question 22

With intent to cause him/her to be imprisoned

Answer 22

To confine them as if in prison or by putting them in prison. A locked room or the boot of a car.

Question 23

Section 210(1)
Crimes Act 1961

Answer 23

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

Question 24

Section 210(2)
Crimes Act 1961

Answer 24

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.

Question 25

Section 210(3)
Crimes Act 1961

Answer 25

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

Question 26

Section 210(4)
Crimes Act 1961

Answer 26

In this section young person means a person under the age of 16y

Question 27

R v Chartrand

Answer 27

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.

Question 28

R v Forrest and Forrest

Answer 28

The best evidence possible in the circumstances should be adduced by the prosecution in proof of age.

Question 29

Takes or Entices away or Detains

Answer 29

To entice means to tempt, persuade, or attract by arousing hope or desire.