ABDUCTION AND KIDNAPPING Flashcards
Define unlawfully
Unlawfull means without lawful justification or excuse.
Define consent
Consent is a persons concious and voluntary agreement to something desired or proposed by another.
What is the case law that relates to consent? And what does it state?
R v Cox - Consent must be full, free, informed and voluntarily given by a person in a position to form a rational judgement.
Define Duress
Duress is when the person accepts an offenders demands based on the fear of the consequences if they refuse.
Define Fraud
Fraud is when the offender may deceive the victim in to agreeing to a proposition by misrepresenting the facts of their intentions (lying)
In relation to intent, what two things must an offender have to have the necessary intent?
Must have an intention to deliberatly complete the act and must also have the intent to produce a specific results (aim, object or purpose).
In relation to intent, what does the case law R v Mohi relate to?
That if the intent was present at the time of the kidnapping then the defendant is still liable to the offence, whether or not the offence intended is followed through with
Define ransom
A ransom is a sum of money demanded or paid for the release of a person being held captive.
R v Wellard relates to taking away, what does this case law state?
The essence of the offence of kidnapping is the “deprivation of liberty coupled with a carrying away from the place where the victim wants to be”.
In relation to detaining what does the case law R v Pryce relate to?
Detaining is an active concept meaning to keep in confinement or custody. This is to be contrasted to the passive concept of harbouring or mere failure to hand over.
What are the ingrediants for kidnapping and the section of the crimes act that it relates to?
Section 209 (a), (b) or (c)
Unlawfully
Take away OR
Detains
A person
Without his or her consent OR
With his or her consent obtained by fraud or duress
With intent to
a) Hold him or her for ransom or service
b) Cause him or her to be confined or imprisoned.
c) Cause him or her to be sent or taken out of NZ.
What are the ingrediants for abduction the section of the crimes act that it relates to?
Section 208 (a), (b) or (c)
Unlawfully
Take away OR
Detains
A person
Without his or her consent OR
With his or her consent obtained by fraud or duress
With intent to
a) Marry him or her
b) Have sexual connection with him or her
c) Cause him or her to be married or have sexual connection with some other person
What does R v Crossan state in relation to taking away?
Taking away and detaining are separate and distinct offences.
The first consists of taking the victim away and,
The second of detaining her.
With regards to giving evidence of age of a young person what is the case law and what does it state?
R v Forrest and Forrest
The best evidence possible in the circumstances should be adducted by the prosecution in proof of the victims age.
(The best form is for the victim to give the evidence)
