Abduction and Kidnapping

Question 1

What is the

section and penalty for Abduction?

Answer 1

Section 208 (a) (b) (c) Crimes Act 1961
14 years

Question 2

What are the elements for Abduction?

Answer 2

• Unlawfully
• Takes or detains
• Any person
• Without consent or consent by fraud or duress
• with intent to:
  (a) marry him or her or
  (b) to have sexual connection or
  (c) to cause him or her to have sexual connection or to
  marry him or her.

Question 3

What is Unlawfully?

Answer 3

No lawful authority, justification or excuse

Question 4

What is R v Crossan?

Answer 4

Detaining and taking away are two distinct and separate offences. The first is detaining and the second is taking away.

Question 5

What is R v Mohi

Answer 5

The offence is complete once there has been a period of detention or taking away accompanied by the necessary intent, regardless of whether that intent was carried out.

Question 6

R v Waaka

Answer 6

Intent may be formed at anytime during the taking away. If a taking away commences without the intent to have intercourse, but that intent is formed during the taking away, then that is sufficient for the purpose of the section.

Question 7

R v Wellard

Answer 7

The essence of kidnapping is the deprivation of liberty coupled with the Victim being carried away from a place where she wants to be.

Question 8

R v Pryce

Answer 8

Detaining is an active concept to keep in confinement or custody, it should be contrasted against the passive concept of harboring or mere failure to handover.

Question 9

R v Cox

Answer 9

Consent must be full, voluntary, free and informed…freely and voluntarily given by some who can make a rational judgement.

Question 10

What must the Crown prove under section 208

Answer 10

1. The defendant took away or detained a person
2. The taking or detention was international or
   deliberate.
3. The taking or detention was unlawful.
4. The taking or detention was without consent or
   duress or fraud was exercised for consent
5. The defendant knew there was no consent for the
   taking or detaining of the victim
6. There is an intent for the taking or detaining for:

• marry
• sexual connection
• to cause to be married or sexual connection