Abduction And Kidnapping Flashcards
Liabilty for: Abduction
208 Crimes Act 1961
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 of marriage or civil union
b) have sexual connection with the person
c) cause the person to go through a marriage or civil union, or have sexual connection with any other person.
Liabilty for: Kidnapping
209 Crimes Act 1961
Unlawfully
Takes away or detains
Any 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 taken out of or sent out of NZ
Case law: Abduction and Kidnapping complete
R v Mohi
Offence is committed at the time of taking away, as long as, at that moment there was necesaary intent. Don’t need to prove intent was carried out
Define: Ransom
A sum of money demanded or paid for the released of a person captive.
Define: Service
Offenders intent to keep victim as a servant or slave
Define: Confined
Restricting their activity and movements to within a geographical area, and exercising control and influence over them.
Define: Imprisoned
To put them in prison or confine them as they are in prison
Define: Sent from NZ and takes out of NZ
Sent - Sent on their way.
Takes - Accompanied by someone
Define: Consent obtained by duress
A victim may comply to offenders demands based on fear of consequences if refused.
Define: Unlawfully
Without lawful justification, authority or excuse
Define: Takes away
Physically removed them from one place to another
Define: Detains
Doing something to impose a constraint or restraint on the person detained.
Define: With consent obtained by fraud
Offender deceives the victim into agreeing to a proposition by misrepresenting the facts of their intentions.
Define: Consent
Consent is a person’s conscious and voluntary agreement to something desired or proposed by another.
Caselaw: Consent
R v Cox
Consent must be full, voluntry, free, and informed by someone in a position to form a rational judgement.
Caselaw: Essence of Kidnapping
R v Wellard
The essence of kidnapping is the deprivation of liberty together with a carrying away from the place the victim wants to be.
Caselaw: Detaining
R v Pryce
Detaining is an active concept meaning to keep in confinement or custody.
Caselaw: Taking away and detaining
R v Crossan
Taking away is complete when the defendant takes someone away against their will.
Detaining her against her will is a new and different offence to taking away.
Liability: Abduction of a young person under 16yrs - takes
210(1) Crimes Act 1961
With intent to deprive
- A parent, or
- A guardian, or
- Other person having the lawful care or charge of a young person
The possession of the young person
Unlawfully
Takes away, or entices away, or detains
The young person
Liability: Abduction of a young person under 16 - receives
210(2) Crimes Act 1961
Receives
Any 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.
Caselaw: Age
R v Forrest and Forrest
The best evidence possible in the circumstances should be produced by the prosecution in proof of the victims age.
Caselaw: Intent formed for taking away.
R v Waaka
Intent may be formed at any time during the taking away, even during the taking away, if it hadn’t been formed yet.
Caselaw: Kidnapping - what is the crown to prove
R v M
Crown must prove that the defendant intended to take away or detain the victim, and that he knew she wasn’t consenting
Define: Entice
To tempt, persuade, or attract by hope or desire.
210(3) Crimes Act 1961
a) & b) Defences
For purposes of 210(1) & (2)
a) immaterial whether young person consents to, or is taken, goes with, or is received at their own suggestion
b) immaterial whether the defendant beleives the young person is at the age, or over 16yrs
210A Crimes Act 1961
Statutory defence of good faith
Statutory defence of good faith.
Prosecution to negate (prove invalid) claim of right beyond reasonable doubt.
127 Crimes Act 1961
Presumption of law because of age
No presumption of law that a person is incapable of sexual connection because of their age.
