Abduction and Kidnapping Flashcards
What is the offence and elements for Section 208, Crimes Act 1961?
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
What are the elements and offence for section 209 of the Crimes Act 1961?
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
What are the elements and the offence for section 210(1) Crimes Act 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
OR
entices away
OR
detains
The young person
What are the elements and the offence for section 210(2) Crimes Act 1961?
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
What is definition of unlawfully?
without lawful justification or excuse
Explain the case law regarding taking away vs detaining
R v Crossan
taking away and detaining are two separate offences and should be charged individually
What is taking away?
physically removed from one place to another
What is detaining?
imposing a constraint or restraint on a person
Name and explain the case law regarding taking away
R v Wellard
Kidnapping is deprivation of liberty coupled with a carrying away from the place where the victim wants to be
Name and explain the case law regarding detains
R v Pryce
Detaining is to keep in confinement or custody
What is the definition of consent?
Consent is the conscious and voluntary agreement to something desired or proposed by another.
Name and explain the case law covering consent?
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 form a rational judgement.
What is consent obtained by fraud?
Agreeing to a proposition by misrepresenting the facts or their intentions.
What is consent obtained by duress?
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
What are the two elements of intent?
Intention to commit and deliberate act and the intention to get a specific result
What is the case law regarding kidnapping intent? and explain it
R v Mohi
offence is committed at the time of taking away, must prove intent at that moment the taking is done
define sexual connection
(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
What is a ransom?
a sum of money demanded or paid for the release of a person being held captive
What is held for service
keep the victim as a servant or slave
What is cause to be confined?
restricting movements to within a geographical area, exercising influence and control over them
Explain the difference between sent and taken regarding intent to cause him or her to be sent or taken out of New Zealand
Sent - victim leaves on their own, duress or other threat
Taken - in custody of a person accompanying them out of NZ
According to Section 209A CA 1961, can a person under 16 give consent to be taken away or detained?
No
Explain R v Waaka
intent can be formed at anytime during the taking away
Explain R v M
intended to take away or detain and they knew the complainant was not consenting
What sections are abduction of a young person under 16
Section 210(1) and 210(2) of the Crimes Act 1961
What are the elements of s210(1)
with intent to deprive a parent or guardian or other person having lawful care or charge of a young person, of the possession of the young person
unlawfully
takes away
OR
detains
the young person
in reference to section 210, what is a young person
anyone 15 and younger
What is the max prison term for abduction of a young person s210(1) and 210(2)
7 years
Explain R v Chartrand
not necessary to prove a permanent deprivation
What are the elements for s210(2)
Receives
A young person
knowing that he or she has been;
unlawfully taken
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, of the possession of him or her
What is receives
fact and degree, physical custody
according to Simester and Brookbanks, what’s is knowing
knowing or correctly believing
What two things are immaterial to sections 210(1) and 210(2) CA 1961
whether the young person consents (persons under 16 cannot consent to being taken away)
whether the offender believes the young person to be 16 or older
