Abduction and Kidnapping

Question 1

Section 208 CA 1961

Answer 1

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

Question 2

Section 209 CA 1961

Answer 2

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

Question 3

Section 210(1) CA 1961

Answer 3

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

Question 4

Section 210(2) CA 1961

Answer 4

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

Question 5

Unlawfully

Answer 5

Without lawful justification or excuse

Question 6

Take Away

Answer 6

Victim is physically removed from one place to another

R v Wellard

Question 7

R v Wellard

Answer 7

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

Question 8

Detains

Answer 8

Active concept rather than a passive one. Doing something to impose a constraint or restraint on the person detained

R v Pryce

Question 9

R v Pryce

Answer 9

Keep in confinement or custody

Question 10

R v Crossan

Answer 10

Taking away and detaining are separate and distinct offences. First consists of taking away, the second of detaining her.

Question 11

Consent

Answer 11

A person’s conscious and voluntary agreement to something desired or proposed by another

R v Cox

Question 12

R v Cox (consent)

Answer 12

Consent must be full, voluntary, free and informed. Given by a person in a position to form a rational judgement

Question 13

With consent obtained by fraud

Answer 13

Deceiving the victim into agreeing to a proposition by misrepresenting the facts or their intentions e.g. tricking

Question 14

Duress

Answer 14

Threats, pressure or coercion were such that they override the will of the victim

Question 15

With consent obtain led by duress

Answer 15

Agree to offender’s demands based on fear of the consequences if they refuse. Arise from actual or implied threat of force

Question 16

Intent

Answer 16

Intention to commit a specific act with the intention to get a specific result

R v Collister

Question 17

R v Collister

Answer 17

Circumstantial evidence

• offender’s actions and words before, during and after the act
• surrounding circumstances
• nature of the act

Question 18

Intent in abduction cases

Answer 18

Only matters of intent. Not necessary to prove they actually occurred or were attempted.

Question 19

R v Mohi

Answer 19

Offence is committed at the time of taking as long as presence of necessary intent.

Question 20

Sexual connection

Answer 20

• 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

Question 21

Depriving parent or guardian of having lawful care of young person

Answer 21

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

Question 22

Proof of age

Answer 22

Prosecution must prove the victim’s age at the time of the alleged offence using the best evidence available

R v Forrest and Forrest

Question 23

R v Forrest and Forrest

Answer 23

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age

Question 24

Hold for ransom

Answer 24

Sum of money demanded or paid for the release of a person held captive

Question 25

Hold him for service

Answer 25

Intent to keep the victim as a servant or slave

Question 26

Cause him to be confined

Answer 26

Restricting their movements to within a geographical area

Question 27

Cause him to be imprisoned

Answer 27

Put them in prison or confined them as if in prison.

E.g locked in room

Question 28

Cause him to be sent or taken out of NZ

Answer 28

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

Question 29

Section 210 young person

Answer 29

Under age of 16

Question 30

R v Cox

Answer 30

Possession

Mental and physical custody or control

Mental - knowledge and intention to exercise possession

Question 31

Entice away

Answer 31

Tempt, persuade, attract by arousing hope or desire

Question 32

Receives a young person

Answer 32

Receives a young person knowing the yp has been unlawfully taken with the necessary intent.

Question 33

Knowing that he has been unlawfully taken

Answer 33

Offender MUST know that the young person they are receiving has been abducted

Question 34

Section 210 A defence

Answer 34

People claiming in good faith to a right of the possession of a young person.

Beyond reasonable doubt

Question 35

Section 209A

Answer 35

A person under 16 years of age cannot consent to being taken or detained

Question 36

Section 210(3)a

Answer 36

Doesn’t matter if young person consents or is taken or goes or is received at his suggestion

Question 37

Section 210(3)b

Answer 37

Doesn’t matter whether the offender believes the young person is over 16 years of age

Question 38

Section 127

Answer 38

No presumption that a person is incapable of sexual connection because of his age