Abduction and Kidnapping

Question 1

What section is abduction?

Answer 1

s208, CA 1961

Question 2

What is the legislation for abduction?

Answer 2

1. Everyone who unlawfully takes away or detains a person, without their consent or with their consent obtained by fraud or duress –
   a. With intent to go through a form of marriage or civil union (MARRY)
   b. With intent to have sexual connection (SEX)
   c. With intent to cause him/her to go through a form of marriage or civil union, or to have sexual connection with some other person (CAUSE THE ABOVE)

Question 3

What are the elements for abduction?

Answer 3

• Unlawfully
• Takes away or detains
• A person
• Without consent/with consent obtained by fraud or duress
• Intent to ….

Question 4

What is the definition for unlawfully?

Answer 4

without lawful justification or excuse

Question 5

Outline the differences between taking away and detaining?

Answer 5

Taking away - physically remove from situation.

Detain - impose a constraint on a person

Question 6

What is the case law referencing taking away and detaining?

Answer 6

taking away and detaining are different.

R v Crossnan

Question 7

What are the three intents required in abduction?

Answer 7

marry, sex, or either for someone else

Question 8

What is the key case law state regarding “takes away”?

Answer 8

kidnapping = depriving of liberty and taking away from place

R v Wellard

Question 9

What is the key case law state regarding detaining?

Answer 9

detaining is an active concept, not a passive one

R v Pryce

Question 10

Define consent and the case law related

Answer 10

Consent must be freely and voluntarily given

R v Cox

Question 11

Define duress

Answer 11

may arise from the actual or implied threat of force

Question 12

When is the offence committed and the case law relating?

Answer 12

offence committed at time of taking if there is necessary intent.
(R v Mohi)

Question 13

what section is kidnapping?

Answer 13

s209

Question 14

define legislation of kidnapping

Answer 14

1. Everyone who unlawfully takes away or detains a person without their consent or with their consent obtained by fraud or duress –
   a. With intent to hold them for ransom or to service;
   b. With intent to cause them to be confined or imprisoned
   c. With intention to cause them to be sent or taken out of NZ

Question 15

what are the three intents required for kidnapping?

Answer 15

• to hold them for ransom or to service;
• to cause them to be confined or imprisoned
• to cause them to be sent or taken out of NZ

Question 16

define confine vs imprison.

Answer 16

Confine – includes restricting a person’s movements to within a geographical area or curtailing their activity.
Imprison – to put them in prison or confine them as if in a prison.

Question 17

what are not defences for abduction of YP?

Answer 17

defence of consent and mistaken age