Abduction And Kidnapping

Question 1

Liabilty for: Abduction

Answer 1

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.

Question 2

Liabilty for: Kidnapping

Answer 2

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

Question 3

Case law: Abduction and Kidnapping complete

Answer 3

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

Question 4

Define: Ransom

Answer 4

A sum of money demanded or paid for the released of a person captive.

Question 5

Define: Service

Answer 5

Offenders intent to keep victim as a servant or slave

Question 6

Define: Confined

Answer 6

Restricting their activity and movements to within a geographical area, and exercising control and influence over them.

Question 7

Define: Imprisoned

Answer 7

To put them in prison or confine them as they are in prison

Question 8

Define: Sent from NZ and takes out of NZ

Answer 8

Sent - Sent on their way.
Takes - Accompanied by someone

Question 9

Define: Consent obtained by duress

Answer 9

A victim may comply to offenders demands based on fear of consequences if refused.

Question 10

Define: Unlawfully

Answer 10

Without lawful justification, authority or excuse

Question 11

Define: Takes away

Answer 11

Physically removed them from one place to another

Question 12

Define: Detains

Answer 12

Doing something to impose a constraint or restraint on the person detained.

Question 13

Define: With consent obtained by fraud

Answer 13

Offender deceives the victim into agreeing to a proposition by misrepresenting the facts of their intentions.

Question 14

Define: Consent

Answer 14

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

Question 15

Caselaw: Consent

Answer 15

R v Cox
Consent must be full, voluntry, free, and informed by someone in a position to form a rational judgement.

Question 16

Caselaw: Essence of Kidnapping

Answer 16

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.

Question 17

Caselaw: Detaining

Answer 17

R v Pryce
Detaining is an active concept meaning to keep in confinement or custody.

Question 18

Caselaw: Taking away and detaining

Answer 18

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.

Question 19

Liability: Abduction of a young person under 16yrs - takes

Answer 19

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

Question 20

Liability: Abduction of a young person under 16 - receives

Answer 20

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.

Question 21

Caselaw: Age

Answer 21

R v Forrest and Forrest
The best evidence possible in the circumstances should be produced by the prosecution in proof of the victims age.

Question 22

Caselaw: Intent formed for taking away.

Answer 22

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.

Question 23

Caselaw: Kidnapping - what is the crown to prove

Answer 23

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

Question 24

Define: Entice

Answer 24

To tempt, persuade, or attract by hope or desire.

Question 25

210(3) Crimes Act 1961
a) & b) Defences

Answer 25

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

Question 26

210A Crimes Act 1961
Statutory defence of good faith

Answer 26

Statutory defence of good faith.
Prosecution to negate (prove invalid) claim of right beyond reasonable doubt.

Question 27

127 Crimes Act 1961
Presumption of law because of age

Answer 27

No presumption of law that a person is incapable of sexual connection because of their age.