Abduction and Kidnapping Flashcards
What are the elements for Abduction 208(a)
Unlawfully
Takes away or detains
A person
Without their consent or with consent obtained by fraud or duress
With intent to go through a form of marriage or civil union
What are the elements for Abduction 208(b)
Unlawfully
Takes away or detains
A person
Without their consent or with consent obtained by fraud or duress
With intent to have sexual connection with the person
What are the elements for Abduction 208(c)
Unlawfully
Takes away or detains
A person
Without their consent or with consent obtained by fraud or duress
With intent to cause the person to go through a form of marriage or civil union or to have sexual connection with some other person
What are the elements for Kidnapping 209(a)
Unlawfully
Takes away or detains
A person
Without their consent or with consent obtained by fraud or duress
With intent to hold him or her for ransom or for service
What are the elements for Kidnapping 209(b)
Unlawfully
Takes away or detains
A person
Without their consent or with consent obtained by fraud or duress
With intent to cause him or her to be confined or imprisoned
What are the elements for Kidnapping 209(c)
Unlawfully
Takes away or detains
A person
Without their consent or with consent obtained by fraud or duress
With intent to cause him or her to be sent or taken out of New Zealand
What was said in the case law
R v Wellward
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”.
What was said in the case law
R v Pryce
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
What was said in the case law
R v Crossan
Taking away and detaining are “separate and distinct offences. The conduct in detaining her constitutes a new and different offence.
What was said in the case law
R v Cox
Consent must be full voluntary free and informed… freely and voluntarily given by a person in a position to form a rational judgement.
What was said in the case law
R v Mohi
The offence is committed at the time of taking away, so long as there is, at the moment, the necessary intent. It has never been regarded as necessary… that the crown should show the intent was carried out.
