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Violence > Abduction and Kidnapping > Flashcards

Abduction and Kidnapping Flashcards

1
Q

Criminal Liability for Abduction for Marriage or Sexual Connection

A

Abduction - Section 208 Crimes Act 1961

  • Unlawfully
  • takes away OR detains
  • a person (P)
  • without P’s consent OR with P’s consent obtained by fraud or duress
  • A) With intent to go through a form of marriage or civil union with P OR
  • B) With intent to have sexual connection with P OR
  • C) With intent to cause P to go through a form of marriage or civil union, or to have sexual connection, with some other person.
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2
Q

What must be proved for a charge of Abduction

A

For a conviction under s208 the Crown must prove that:

  1. The defendant took away or detained a person;
  2. The taking or detention was intentional;
  3. The taking or detention was unlawful;
  4. The taking or detention was without that person’s consent (or with consent induced by fraud or duress);
  5. The defendant knew that there was no consent to the taking or detention; and
  6. The defendant intended to:
    (a) Go through a form of marriage, or civil union with the person taken or detained; or
    (b) Have sexual connection with the person taken or detained; or
    (c) Cause the person taken or detained to go through a form of marriage, or civil union to another person or to have sexual connection with another person.
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3
Q

Unlawfully

A

Unlawfully means “without lawful justification, authority or excuse”.

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4
Q

Taking Away

A

situations where the victim is physically removed from one place to another

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5
Q

R v Wellard

A

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”.

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6
Q

R v Crossan

A

Taking away and detaining are “separate and distinct offences. The first consists of taking [the victim] away; the second of detaining her. The first offence was complete when the prisoner took the woman away against her will. Then, having taken her away, he detained her against her will, and his conduct in detaining her constituted a new and different offence.”

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7
Q

Detains

A

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

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8
Q

R v Pryce

A

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.

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9
Q

Consent

A

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

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10
Q

R v Cox (Consent)

A

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

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11
Q

Consent obatianed by fraud

A

deceiving the victim into agreeing to a proposition by misrepresenting the facts or their intentions

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12
Q

Consent obtained by duress

A

Duress may arise from the actual or implied threat of force to the victim or another person, but can also include other forms of pressure or coercion.

A victim agrees to the offender demand based on fear of the consequences if they refuse.

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13
Q

Mohi (Case Law)

A

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

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14
Q

R v Waaka

A

Intent may 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 purposes of the section.

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15
Q

Criminal Liability for Kidnapping

A

Kidnapping - s209 Crimes Act 1961

  • 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) 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.
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16
Q

What must be proved for a conviction under s209

A

For a conviction under s209 the Crown must prove that the:

  1. Defendant took away or detained a person;
  2. Taking or detention was intentional or deliberate;
  3. Taking or detention was unlawful;
  4. Taking was done without that person’s consent (or with consent induced by fraud or duress);
  5. Defendant knew that there was no consent to the taking or detention; and
  6. Defendant intended to:
    (a) Hold the person for ransom or to service; or
    (b) Cause the person to be confined or imprisoned; or
    (c) Cause the person to be sent or taken out of New Zealand.
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17
Q

R v M

A

The Crown must prove that the accused intended to take away or detain the complainant and that he or she knew that the complainant was not consenting:

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18
Q

Ransom

A

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

19
Q

hold to service

A

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

20
Q

Confined

A

“Confining” a person can include restricting their movements to within a geographical area, but also has a wider meaning that includes curtailing their activity and exercising control and influence over them.

21
Q

Imprisoned

A

To “imprison” a person means to put them in prison, or to confine them as if in prison.

22
Q

Criminal Liability for Abduction of a Young Person (receiving)

A

Abduction of a young person - s210(2)CA 1961

  • Receives
  • A young person
  • knowning that
  • he or she has been unlawfully taken or enticed away or detained
  • with intent to deprive a parent or guardian or other person having the lawful care or charge of him or her of the possession of him or her.
23
Q

Criminal Liability for Abduction of a Young Person

A

Abduction of a young person - s210(1 )CA 1961

  • 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 take OR Entices Away OR detains
  • the young person
24
Q

What must be proved for a conviction under s210(1)

A
  1. The defendant took, enticed or detained a person under the age of 16 years;
  2. The taking, enticement or detention was intentional;.
  3. The taking, enticement or detention was from a person who had lawful care, or charge of the young person;
  4. The defendant knew the other person had lawful care, or charge of the young person;
  5. The taking, enticement or detention was unlawful; and
  6. It was done with intent to deprive a parent, guardian or other person having lawful care or charge of the young person of possession of that young person.
25
Q

What must be proved for a conviction under s210(2)

A
  1. The defendant recieved a person under the age of 16 years;
  2. The receiving was intentional;
  3. The defendant knew the yound person had been unlawfully taken or enticed away or detained by another from a parent, guardian or other person having lawful care or charge of the him or her of the possession of that young person; and
  4. The defendant intended by reason of the receiving to deprive a parent, guardian or other person having lawful care or charge of him or her of the possession of that young person.
26
Q

Intention for s210(1)

A

There must be an intention to take, entice or detain a young person and also a specific intent to deprive the parent or other specified person of the possession of the child.

27
Q

Young Person

A

someone under 16 years old

28
Q

Proof of age

A

generally involves producing the victim’s birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.

29
Q

R v Forrest and Forrest

A

“The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.”

30
Q

Unlawfully

A

without lawful authority

31
Q

Entices

A

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

32
Q

Consent of a young person

A

Consent is not a defence to charges under ss208–210 when the person taken is under the age of 16 years.

33
Q

Beliefe that a person is over 16

A

it is immaterial whether the offender believes the young person to be of or over the age of 16.

34
Q

Can a young person engage in sexual connection

A

There is no presumption of law that a person is incapable of sexual connection because of his or her age.

35
Q

Migrant Smuggling

A

Migrant smuggling involves a person who has freely consented to be brought into New Zealand as an illegal immigrant and is not subjected to coercion or deception.

36
Q

People trafficking

A

People trafficking involves a person who is brought into New Zealand by means of coercion and/or deception. People are often trafficked in order to exploit them in the destination country, e.g. as forced labour, for removal of their organs or most commonly, for sexual exploitation.

37
Q

Who leads the New Zealand Governments anti-trafficking efforts?

A

Department of Labour

38
Q

New Zealand Police’s response:

A

Prevention, Protection and prosecution.

39
Q

Which is the lead agence for suspected cases of people traffiking (98D)?

A

NZ Police lead the investigation and any prosecutions.

40
Q

the types of Investigation approaches

A

Reactive, Proactive, Disruptive

41
Q

Reactive Investigation

A

Victim led and often initiated by an approach to Police by the victim or another person acting on behalf of the victim.

42
Q

Proactive Investigation

A

Police led. A combination of standard investigation techniques supplemented by intelligence resources to identify and locate the traffickers, gather evidence and instigate proceedings against them

43
Q

Disruptive Investigation

A

Appropriate in circumstances where the level of risk to the victim demands an immediate response, and pro-active or reactive approaches are not practicable options.

44
Q

Penalty for migrant smuggling and people trafficking?

A

20 years, $500,000 fine or both

Violence (12 decks)

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