Abduction and Kidnapping Flashcards
R v Cox (consent)
Consent must be free, full, voluntary and informed. Voluntarily given by a person and a position to form a rational judgement. 
R v Waaka
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. 
Section 210 (3)(a)
Immaterial that a child consents or instigates the taking. Not a defence to abduction.
R v M
The crown must prove the accused intended to take away or detain the victim and knew the complainant was not consenting.
Section 210 (3)(b)
Immaterial if offender believes the person is 16 years all over 
Section 210 (2)
Receives under 16yo
7 years imprisonment
- receives young person
- Knowing they have been unlawfully taken away OR enticed away OR detained.
- With intent to deprive
- Parent OR guardian OR other person having lawful care or charge of young person.
- Of possession of young person.
R v Cox (possession)
Physical and mental element
Physical - custody or control of the item
Mental - knowledge of the item existing and the intention to have it
Taking away (abduction)
Victim is physically removed from one place to another
Confined
Restricting movement to within a geographical area.
Curtailing activity, exercising control and influence over them
R v Pryce
Detaining is an active concept meaning to keep in confinement or custody
Section 208
Abduction
14 year imprisonment
- Dishonestly.
- Takes away or detains.
- Any person
- Without their consent or consent obtained by fraud or duress
- 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
R v Crossan (abduction)
Taking away and detaining a separate and distinct offences
R v Wellard
The deprivation of liberty coupled with the carrying away from the place the victim wants to be
Consent
Conscious and voluntary agreement to something desired or proposed by another
Duress
Threats, coercion and pressure was such that they override the will of the victim
Fraud
Deceiving the victim into agreeing
R v Mohi
The offence is committed at the time of the taking as long as there is the presence of necessary intent
Section 209
Kidnapping
14 years imprisonment
- Unlawfully.
- Takes away or detains.
- Any person
- Without their consent or consent obtained by duress or fraud.
- 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
Section 210(1)
Abduction of a person under 16 (taking)
7 years imprisonment
- With intent to deprive
- Parent or guardian or other person having lawful care or charge of young person.
- Of possession of person.
- Unlawfully.
- Takes away or detains
- Young person
Ransom
A sum of money demanded or paid for release
Service
Intent to keep the victim as a slave or servant
Confined
Restrictive victims movements within a geographical location or curtailing their freedom
Imprisoned
To keep victim and present or confine them as if in prison
R v M
Crown must prove the accused intended to take away or detain the complainant and that he or she knew the complainant was not consenting
Section 127
No presumption of age.
No presumption that a person is incapable of sexual connection due to the age
Section 210(A)
If a person acts in good faith and the right to possess a child, they cannot be convicted under section 209 and 210
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in the proof of the victims age
Entice
Tempt, persuade or attract by arousing hope or desire
E.g offer sweets or take to park
Kidnapping procedures
- Report made.
- Forward to CIB.
- insure covert response
- inform district crime manager
- Appoint victim liaison until PNT available
