Abduction and kidnapping Flashcards
Abduction - Section 208 Crimes Act 1961
Every one is liable to imprisonment for a term not exceeding 14 years who unlawfully takes away or detains a person without his or her consent or with his or her consent obtained by fraud or duress,—
(a) with intent to marry him or her; or
(b) with intent to have sexual connection with him or her; or
(c) with intent to cause him or her to be married to or to have sexual connection with some other person.
Kidnapping - Section 209 Crimes Act 1961
Section 209:
Every one is liable to imprisonment for a term not exceeding 14 years who unlawfully takes away or detains a person without his or her consent or with his or her consent obtained by fraud or duress,—
(a) with intent to hold him or her for ransom or to service; or
(b) with intent to cause him or her to be confined or imprisoned; or
(c) with intent to cause him or her to be sent or taken out of New Zealand.
Section 209A Crimes Act 1961
For the purposes of sections 208 and 209, a person under the age of 16 years cannot consent to being taken away or detained.
Section 210 Crimes Act 1961 (abduction of young person)
(1) Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to deprive a parent or 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.
(2) Every one is liable to imprisonment for a term not exceeding 7 years who 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 her of the possession of him or her.
(3) For the purposes of subsections (1) and (2),—
(a) it is immaterial whether the young person consents, or is taken or goes or is received at his or her own suggestion; and
(b) it is immaterial whether the offender believes the young person to be of or over the age of 16.
(4) In this section young person means a person under the age of 16 years.
Section 210A Crimes Act 1961 - Defence to Section 209 and 210
A person who claims in good faith a right to the possession of a young person under the age of 16 years cannot be convicted of an offence against section 209 or section 210 because he or she gets possession of the young person
Define Consent obtained by fraud
Consent obtained by the misrepresentation of the facts of the offenders intentions.
Define Consent obtained by duress
Consent obtained by actual or implied threat of force to the victim or another person. Can include other forms of pressure or coercion
Define Ransom
A sum on money demanded or paid for the release of a person being held captive.
Define Marry
To engage in marriage solemnised in accordance with the provisions of the Marriage Act 1955.
Define Service
To hold as a servant or slave
Define Cause to be imprisoned
To imprison means to put them in prison or confine them as if in prison. It has a narrower meaning than confine and may apply in situations where the victim is locked in a room or in the boot of a car.
Define Sent or taken from NZ
The offenders intent is that the victim leaves NZ.
The term sent may include situations where the victim leaves the country on their own, perhaps as a result of a threat or other form of duress.
The word taken suggests that the victim is in the company or custody of a person accompanying them out of NZ.
What was held in R v CHARTRAND
Unlawfully means without lawful justification, authority or excuse
What was held in R v WELLARD
Kidnapping is the deprivation of liberty coupled with a taking away from the place where the victim wants to be
What was held in R v PRYCE
Detaining is an active concept meaning to keep in confinement or custody, this is to be contrasted with the passive concept of harbouring of mere failure to hand over.
