Abduction and Kidnapping

Question 1

R v Cox (consent)

Answer 1

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

Question 2

R v Waaka

Answer 2

Intent may be formed at any time during the taking away. If taking away without intent then intent is formed during the taking away that is sufficient. 

Question 3

Section 210 (3)(a)

Answer 3

Immaterial that a child consents or instigates the taking. Not a defence to abduction.

Question 4

R v M

Answer 4

The crown must prove the accused intended to take away or detain the victim and knew the complainant was not consenting.

Question 5

Section 210 (3)(b)

Answer 5

Immaterial if offender believes the person is 16 years all over 

Question 6

Section 210 (2)

Answer 6

Receives under 16yo
7 years imprisonment

1. receives young person
2. Knowing they have been unlawfully taken away OR enticed away OR detained.
3. With intent to deprive
4. Parent OR guardian OR other person having lawful care or charge of young person.
5. Of possession of young person.

Question 7

R v Cox (possession)

Answer 7

Physical and mental element

Physical - custody or control of the item
Mental - knowledge of the item existing and the intention to have it

Question 8

Taking away (abduction)

Answer 8

Victim is physically removed from one place to another

Question 9

Confined

Answer 9

Restricting movement to within a geographical area.

Curtailing activity, exercising control and influence over them

Question 10

R v Pryce

Answer 10

Detaining is an active concept meaning to keep in confinement or custody

Question 11

Section 208

Answer 11

Abduction
14 year imprisonment

1. Dishonestly.
2. Takes away or detains.
3. Any person
4. Without their consent or consent obtained by fraud or duress
5. With intent to.
   A) go through a form of marriage or civil union
   B) have sexual connection with that person
   C) cause that person to go through a form of marriage or civil union or have sexual connection with some other person

Question 12

R v Crossan (abduction)

Answer 12

Taking away and detaining a separate and distinct offences

Question 13

R v Wellard

Answer 13

The deprivation of liberty coupled with the carrying away from the place the victim wants to be

Question 14

Consent

Answer 14

Conscious and voluntary agreement to something desired or proposed by another

Question 15

Duress

Answer 15

Threats, coercion and pressure was such that they override the will of the victim

Question 16

Fraud

Answer 16

Deceiving the victim into agreeing

Question 17

R v Mohi

Answer 17

The offence is committed at the time of the taking as long as there is the presence of necessary intent

Question 18

Section 209

Answer 18

Kidnapping
14 years imprisonment

1. Unlawfully.
2. Takes away or detains.
3. Any person
4. Without their consent or consent obtained by duress or fraud.
5. With intent to.
   A) hold him or her for Ransom or service
   B) cause him or her to be confined or imprisoned
   C) cause him or her to be sent or taken out of New Zealand

Question 19

Section 210(1)

Answer 19

Abduction of a person under 16 (taking)
7 years imprisonment

1. With intent to deprive
2. Parent or guardian or other person having lawful care or charge of young person.
3. Of possession of person.
4. Unlawfully.
5. Takes away or detains
6. Young person

Question 20

Ransom

Answer 20

A sum of money demanded or paid for release

Question 21

Service

Answer 21

Intent to keep the victim as a slave or servant

Question 22

Confined

Answer 22

Restrictive victims movements within a geographical location or curtailing their freedom

Question 23

Imprisoned

Answer 23

To keep victim and present or confine them as if in prison

Question 24

R v M

Answer 24

Crown must prove the accused intended to take away or detain the complainant and that he or she knew the complainant was not consenting

Question 25

Section 127

Answer 25

No presumption of age.

No presumption that a person is incapable of sexual connection due to the age

Question 26

Section 210(A)

Answer 26

If a person acts in good faith and the right to possess a child, they cannot be convicted under section 209 and 210

Question 27

R v Forrest and Forrest

Answer 27

The best evidence possible in the circumstances should be adduced by the prosecution in the proof of the victims age

Question 28

Entice

Answer 28

Tempt, persuade or attract by arousing hope or desire

E.g offer sweets or take to park

Question 29

Kidnapping procedures

Answer 29

1. Report made.
2. Forward to CIB.
   - insure covert response
   - inform district crime manager
   - Appoint victim liaison until PNT available