Abduction and Kidnapping

Question 1

Abduction for purposes of marriage or sexual connection
Section 208, Crimes Act 1961
Penalty: imprisonment 14 years max

Answer 1

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 or to have sexual connection with some other person

Question 2

Explain “unlawfully”

Answer 2

Without lawful justification, authority or excuse.

Question 3

Explain “takes away”

Answer 3

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

Question 4

R V Crossan

Answer 4

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Question 5

R V Wellard

Answer 5

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Question 6

Explain “detains”

Answer 6

Detaining is an active concept meaning to “keep in confinment or custody”. This is to be contrasted to the passive concept of “harbouring” or mere failure to hand over.

Question 7

R V Pryce

Answer 7

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Question 8

Explain “a person”

Answer 8

Gender neutral. Proven by judicial notice it by circumstantially.

Question 9

Explain “consent”

Answer 9

Consent is a person’s conscious and voluntary agreement to do something desired or proposed by another.

Consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgement.

Question 10

R V Cox

Answer 10

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Question 11

Explain “to obtain consent by fraud”

Answer 11

Consent obtained by misrepresentation of the facts or the offenders intentions.

Question 12

Explain “to obtain consent by duress”

Answer 12

Consent obtained by actual or implied threat of force to the victim or another person. Can include other forms of of pressure or coercion.

Question 13

Explain “intent”

Answer 13

In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

Question 14

R V Mohi

Answer 14

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Question 15

Define “marry”

Answer 15

In this context the term “to marry” means to engage in a marriage solemnised in accordance with the provisions of the Marriage Act 1955.

Question 16

Sexual Connection

Section 2, Crimes Act 1961

Answer 16

Sexual connection means:

a. Connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes of:

i. ) A part of the body of another person, or
ii. ) An object held

Question 17

Kidnapping
Section 209, Crimes Act 1961
Penalty: imprisonment 14 years max

Answer 17

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.

Question 18

Explain “ransom”

Answer 18

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Question 19

Explain “service”

Answer 19

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Question 20

Explain “confine”

Answer 20

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Question 21

Explain “imprison”

Answer 21

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Question 22

Explain “sent”

Answer 22

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Question 23

Explain “taken”

Answer 23

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Question 24

Abduction of young person under 16
Section 210, Crimes Act 1961
Penalty: imprisonment 7 years max

Answer 24

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 subsection 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,
   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.

Question 25

When considering charges under section 210 in relation to child custody, what other charges can be considered under the Care of Children Act 2004?

Answer 25

Section 78 - contravenes protection order

Section 80 - taking child from New Zealand

Question 26

Explain “proof of age”

Answer 26

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Question 27

R V Forrest and Forrest (1970)

Answer 27

The best evidence possible in the circumstances should be adduced by the prosecution in proof of (the victims) age.

Question 28

Explain “possession”

Answer 28

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Question 29

R V Cox

Answer 29

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Question 30

Explain “to entice”

Answer 30

To tempt, persuade, or attract by arousing hope.or desire.

Question 31

Explain “knowing”

Answer 31

They must not only believe in the fact, but they must be correct about it.

Question 32

No presumption because of age

Section 127, Crimes Act 1961

Answer 32

The is no presumption of law that a person is incapable of sexual connection because of his or her age.

Question 33

People claiming in good faith right to possession of young person under 16
Section 210A, Crimes Act 1961

Answer 33

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.