Abduction and Kidnapping

Question 1

What is the offence and elements for Section 208, Crimes Act 1961?

Answer 1

Abduction

Unlawfully

Takes away
OR
Detains

A person

Without their consent
OR
With their consent obtained by fraud or duress

With intent to

(a) go through a form of marriage or civil union
OR
(b) have sexual connection with the person
OR
(c) cause the person to go through a form of marriage or civil union or to have sexual connection, with some other person

Question 2

What are the elements and offence for section 209 of the Crimes Act 1961?

Answer 2

Kidnapping

Unlawfully

Takes away
OR
Detains

A person

Without their consent
OR
With their consent obtained by fraud or duress

With intent to
(a) hold him or her for ransom or to service, or
(b) cause him or her to be confined or imprisoned, or
(c) cause him or her to be sent or taken out of New Zealand

Question 3

What are the elements and the offence for section 210(1) Crimes Act 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

What are the elements and the offence for section 210(2) Crimes Act 1961?

Answer 4

Abduction of a young person

receives

a young person

knowing that he or she has been
unlawfully taken away
OR
enticed away
OR detain

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

What is definition of unlawfully?

Answer 5

without lawful justification or excuse

Question 6

Explain the case law regarding taking away vs detaining

Answer 6

R v Crossan

taking away and detaining are two separate offences and should be charged individually

Question 7

What is taking away?

Answer 7

physically removed from one place to another

Question 8

What is detaining?

Answer 8

imposing a constraint or restraint on a person

Question 9

Name and explain the case law regarding taking away

Answer 9

R v Wellard

Kidnapping is deprivation of liberty coupled with a carrying away from the place where the victim wants to be

Question 10

Name and explain the case law regarding detains

Answer 10

R v Pryce

Detaining is to keep in confinement or custody

Question 11

What is the definition of consent?

Answer 11

Consent is the conscious and voluntary agreement to something desired or proposed by another.

Question 12

Name and explain the case law covering consent?

Answer 12

R v Cox

Always consent where cox involved

Consent must be full, voluntary, informed and free, voluntarily and freely given by a person in a position to make a rational decision.

Question 13

What is consent obtained by fraud?

Answer 13

Agreeing to a proposition by misrepresenting the facts or their intentions.

Question 14

What is consent obtained by duress?

Answer 14

Consent due to an actual or implied threat of force to the victim.

Question is whether the threats, pressure or coercion are such that destroy reality and overbear the will of the individual

Question 15

What are the two elements of intent?

Answer 15

Intention to commit and deliberate act and the intention to get a specific result

Question 16

What is the case law regarding kidnapping intent? and explain it

Answer 16

R v Mohi

offence is committed at the time of taking away, intent at that moment is

Question 17

define sexual connection

Answer 17

(a)Connection effected by the introduction into a person’s genitalia or anus of one person, otherwise for a genuine medical purpose, of

Part of the body of another person

an object held or manipulated by another person

(b)Connection between the mouth or tongue of one person and the genitalia or anus of another

continuation of a kind mentioned in paragraphs (a) or (b) - e.g consented then asked to stop and then didn’t stop

Question 18

What is a ransom?

Answer 18

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

Question 19

What is held for service

Answer 19

keep the victim as a servant or slave

Question 20

What is cause to be confined?

Answer 20

restricting movements to within a geographical area, exercising influence and control over them

Question 21

Explain the difference between sent and taken regarding intent to cause him or her to be sent or taken out of New Zealand

Answer 21

Sent - victim leaves on their own, duress or other threat

Taken - in custody of a person accompanying them out of NZ

Question 22

According to Section 209A CA 1961, can a person under 16 give consent to be taken away or detained?

Answer 22

No