Abduction and Kidnapping Flashcards
Section 208 CA 1961
Abduction
- Unlawfully
- Takes away OR detains
- A 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 to through a form of marriage OR civil union OR to have sexual connection with some person
Section 209 CA 1961
Kidnapping
- 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 ransom OR to service OR
B) cause him to her to be confined OR imprisoned OR
C) cause him or her to be sent or taken out of NZ
Section 210(1) CA 1961
Abduction of a young person under 16
- With intent to deprive
- A parent OR A 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
Section 210(2) CA 1961
Abduction of a young person under 16
- 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
Unlawfully
Without lawful justification or excuse
Take Away
Victim is physically removed from one place to another
R v Wellard
R v Wellard
Case law relating to taking away. USE IN ALL SCENARIOS
The deprivation of liberty coupled with a carrying away from the place where the victim wants to be
Detains
Active concept rather than a passive one. Doing something to impose a constraint or restraint on the person detained
R v Pryce
R v Pryce
Keep in confinement or custody
R v Crossan
Taking away and detaining are separate and distinct offences. First consists of taking away, the second of detaining her.
Consent
A person’s conscious and voluntary agreement to something desired or proposed by another
R v Cox
R v Cox (consent)
Consent must be full, voluntary, free and informed. Given by a person in a position to form a rational judgement
With consent obtained by fraud
Deceiving the victim into agreeing to a proposition by misrepresenting the facts or their intentions e.g. tricking
Duress
Threats, pressure or coercion were such that they override the will of the victim
With consent obtain led by duress
Agree to offender’s demands based on fear of the consequences if they refuse. Arise from actual or implied threat of force
Intent
Intention to commit a specific act with the intention to get a specific result
R v Collister
R v Collister
Circumstantial evidence
- offender’s actions and words before, during and after the act
- surrounding circumstances
- nature of the act
Intent in abduction cases
Only matters of intent. Not necessary to prove they actually occurred or were attempted.
R v Mohi
Offence is committed at the time of taking as long as presence of necessary intent.
Sexual connection
- Connection effected by the introduction into the genitalia or anus of one person (except medical) of a part of the body of another person OR object held or manipulated by another person
- connection between mouth and tongue of one person and a part of another person’s genitalia or anus
Depriving parent or guardian of having lawful care of young person
May not be primary intention but their actions may cause that outcome.
Not necessary to prove permanent deprivation.
e.g taking child contrary to a court order
Proof of age
Prosecution must prove the victim’s age at the time of the alleged offence using the best evidence available
R v Forrest and Forrest
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age
Hold for ransom
Sum of money demanded or paid for the release of a person held captive
Hold him for service
Intent to keep the victim as a servant or slave
Cause him to be confined
Restricting their movements to within a geographical area
Cause him to be imprisoned
Put them in prison or confined them as if in prison.
E.g locked in room
Cause him to be sent or taken out of NZ
Sent: victim to leave NZ perhaps as a result of threat or duress
Taken: victim is in the company or custody of a person accompanying them out of NZ
Section 210 young person
Under age of 16
R v Cox
Possession
Mental and physical custody or control
Mental - knowledge and intention to exercise possession
Entice away
Tempt, persuade, attract by arousing hope or desire
Receives a young person
Receives a young person knowing the yp has been unlawfully taken with the necessary intent.
Knowing that he has been unlawfully taken
Offender MUST know that the young person they are receiving has been abducted
Section 210 A defence
People claiming in good faith to a right of the possession of a young person.
Beyond reasonable doubt
Section 209A
A person under 16 years of age cannot consent to being taken or detained
Section 210(3)a
Doesn’t matter if young person consents or is taken or goes or is received at his suggestion
Section 210(3)b
Doesn’t matter whether the offender believes the young person is over 16 years of age
Section 127
No presumption that a person is incapable of sexual connection because of his age
