Abduction And Kidnapping Flashcards
R v Wellard
Kidnapping is the deprivation of liberty coupled with the carrying away from the place the victim wants to be.
(In wellard’s case he was a guy impersonating police officer)
R v Waaka
Intent can be formed at any point during the taking away (to do anything in sub sections a,b,c)
R v Mohi
The offence of abduction or kidnapping is complete once there has been a period of detaining or taking away and the intent has been formed. Whether the intent is carried out does not matter.
R v Cox
Consent must be full, free, voluntary and informed, given by a person in a position to make a rational judgement.
R v Crossan (abduction)
Taking away and detaining are separate and distinct offences, the first consists of taking the victim away, the second of detaining her.
R v Pryce
Detaining is to “keep in confinement or custody” this is to be contrasted with the passive concept of harbouring or mere failing to hand over.
R v M
The crown must prove that the accused intended to take away or detain the victim and that they knew the victim was not consenting.
R v Forest & Forest
The best evidence possible in the circumstances should be produced by prosecution in proof of the victims age
Elements of Abduction s208
-unlawfully
-takes away or detains
-any person
-without their consent or with consent obtained by fraud or duress.
-with intent to:
A - go through a form or marriage or civil union
B - have sexual connection with the person.
C - cause the person to go through a form of marriage or civil union or to have sexual connection with some other person.
Elements of kidnapping s209
-unlawfully
-takes away or detains
-a person
-without their consent or with consent obtained by fraud or duress
- with intent to:
A - hold him or her for ransom or to service.
B - cause him or her to be confined or imprisoned.
C - cause him or her to be sent or taken out of NZ.
Elements of abduction of a young person s210(1)
- 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 away or entices away or detains.
- the young person
Elements of abduction of a young person S210(2)
-receives
-a young person
-knowing that he or she has been unlawfully taken away 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
R v Chartrand
Whether the defendant may have had an innocent motive or intended to interfere with possession for a very short time is beside the point.
A young person?
Under 16
Good faith defence
210(1,2) abduction of a young person. Good faith that the person believes that they are entitled to the young person
Sexual connection is defined in s2 crimes act 1961 as?
Connection effected by the introduction of into the genitalia or anus of one person, otherwise for a medical purpose, of another persons body part, any object held or manipulated by another person or connection between the mouth or tongue of one person and genitalia or anus of another.
Consent is?
A persons conscious and voluntary agreement to do something that is desired or proposed by another.
Section 209A
Young person under 16 cannot consent to being taken away or detained.
