Abduction and Kidnapping

Question 1

R v Waaka

Answer 1

Intent may be formed at any time 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 2

R v M

Answer 2

The Crown must prove that the accused intended to take away or detain the complainant and that he or she knew that the complainant was not consenting.

Question 3

Abduction of Young person Under 16

Answer 3

Section 210 Crimes Act 1961

(1) Everyone is liable to imprisonment for a term not exceeding 7 years who, with intent to deprive a parent or guardian or another 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) Everyone 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 possession of him or her.

(3) For the purpose 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 is a person under the age of 16 years old.

Question 4

Intent under 210(1)

Answer 4

• Intent to take/entice/detain

- Intent to deprive parent/guardian/lawful care or charge possession of the child.

Question 5

Intent under 210(2)

Answer 5

• Includes without intent to deprive

- Knew person taking had such a intent.

Question 6

R v Forrest and Forrest

Answer 6

The best evidence possible should be adduced by prosecution in proof of the victim’s age.

Question 7

Statutory Defence of Good Faith

Answer 7

Section 210A Crimes Act 1961
A person who claims in good faith a right to possession of a young person under the age of 16 years cannot be convicted of an offence against section 209 or 210 because he or she gets possession of the young person.