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Violence > Abduction and Kidnapping > Flashcards

Abduction and Kidnapping Flashcards

1
Q

Liability

Abduction
Section 208
Crimes Act 1961
Pen: 14yrs

A

Section 208

  • Unlawfully
  • Takes away OR detains
  • Person
  • Without consent OR with consent obtained by fraud/duress
  • With intent to:
    (a) intent to marry OR
    (b) intent of have sexual connection OR
    (c) intent to cause him/her to be married or have sexual connection with some other person
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2
Q

What must be proved for an offence under 208

A
  1. defendant took away or detained a person
  2. taking or detention was intentional or deliberate
  3. taking or detaining was unlawful
  4. taking or detention was without that persons consent (or with consent by fraud/duress)
  5. defendant knew that there was no consent to the taking or detention
  6. defendant intended to marry, have sexual connection or cause to marry another person or have sexual connection
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3
Q

Definition of “Unlawfully”

A

Without lawful justification, authority or excuse

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4
Q

Definition of “Taking away”

A

Physically removed from one place to another

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5
Q

R v Wellard

A

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

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6
Q

R v Crossan

A

Taking away and detaining are separate and distinct offences. The first consists of taking the victim away, the second of detaining her. The first offence was complete when the prisoner took the woman away against her will. Then having taken her away he detained her against her will and his conduct in detaining her constituted a new and different offence

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7
Q

Definition of “Detains”

A

Detaining is an active concept rather than a passive one. It involves doing something to impose a constraint or restraint on the person detained

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8
Q

R v Pryce

A

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

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9
Q

Definition of “Person”

A

Gender neutral, accepted by judicial notice or proved circumstantially

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10
Q

Definition of “Consent”

A

A conscious and voluntary agreement to something desired or proposed by another

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11
Q

R v Cox (consent)

A

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

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12
Q

Definition of “Consent obtained by fraud”

A

Deceiving someone into agreeing to a proposition by misrepresenting the facts of their intentions

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13
Q

Definition of “Consent obtained by duress”

A

Give in to an offenders demands based on fear of the consequences if they refuse

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14
Q

When is the offence of abduction complete

A

At the time of detaining with one of the specified intents

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15
Q

R v Mohi

A

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

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16
Q

R v Waaka

A

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

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17
Q

Definition of “Marry”

A

Engage in marriage solemnised in accordance with the provisions of the marriage act 1955

18
Q

Definition of “Sexual connection”

A

As defined in s2 of the Crimes Act 1961

19
Q

Definition of “Causes him/her to marry another person”

A

Takes away or detains to enable another person to marry them

20
Q

Causes him/her to have sexual connection with another person

A

Takes away or detains to enable another person to have sexual connection with them

21
Q

Liability

Kidnapping
Section 209
Crimes Act 1961
Pen: 14yrs

A
  • Unlawfully
  • Takes away OR detains
  • Person
  • Without consent OR with consent obtained by fraud/duress
  • With intent to:
    (a) intent to hold for ransom or service
    (b) intent to cause to be confined or imprisoned
    (c) intent to cause to be sent or taken out of NZ
22
Q

What must be proved

A
  1. defendant took away or detained a person
  2. taking or detention was intentional or deliberate
  3. taking or detaining was unlawful
  4. taking or detention was without that persons consent (or with consent by fraud/duress)
  5. defendant knew that there was no consent to the taking or detention
  6. defendant intended to hold for ransom or service, cause to be confined or imprisoned or cause to be sent or taken out of NZ
23
Q

R v M

A

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

24
Q

Definition of “intent to hold for ransom”

A

A sum of money demand or paid for the release of a person being held captive

25
Q

Definition of “intent to hold to service”

A

To keep the victim as a slave or servant

26
Q

Definition of :Intent to cause to be confined”

A

Includes restricting their movements to within a geographical area and curtailing their activity and exercising control and influence over them

27
Q

Definition of “Intent to cause to be imprisoned”

A

To put them in prison or to confine them as if in prison, eg. locked in a room or in the boot of a car

28
Q

Definition of “Intent to cause to be sent or taken out of NZ”

A

SENT
Victim leaves the county on their own as a result of a threat or form of duress

TAKEN
The victim is in the company or custody or a person accompanying them out of NZ

29
Q

Liability

Abduction of Young Person under 16
Section 210
Crimes Act 1961

A

Section 210(1)

  • Intent to deprive a parent OR guardian OR other person having the lawful care or charge
  • Young person
  • Unlawfully takes away OR entices away OR detains the young person

Section 210(2)

  • Receives a young person
  • Knowing that he/she has been
  • Unlawfully taken away OR enticed away OR detained
  • Intent to deprive a parent OR guardian OR other person having the lawful care or charge of the possession of him/her
30
Q

What must be proved for a charge under Section 210

A

210(1)

1) Defendant took, enticed or detained a person under 16yrs
2) The taking, enticement or detention was deliberate or intentional
3) The taking, enticement or detention was from a person who had lawful care of the young person
4) The defendant knew the other person had lawful care of the young person
5) The taking, enticement or detention was unlawful and
6) It was done with intent to deprive a parent, guardian or other person having lawful care or charge of the young person of possession of that young person

210(2)

1) Defendant received a person under 16yrs
2) The receiving was deliberate and intentional
3) Defendant knew the young person had been unlawfully taken or enticed away or detained by another from a parent, guardian or other person having lawful care or charge of him/her of the possession of that young person and
4) Defendant intended by reason of the receiving to deprive a parent, guardian or other person having lawful care of charge of him or her of the possession of that young person

31
Q

Intent - section 210(1) and (2)

A

210(1)
Intention to take, entice or detain and also specific intent to deprive the parent or other specified person of the possession of the child

210(2)
Includes people who receive a young person without an intent to deprive the person with lawful care of possession provided the defendant knew that the person responsible for the taking had such intent

32
Q

Is it necessary to prove that the accused intended permanent depravation from a a lawful carer

A

No. It can be for a short period of time

R v Chartrand
Enticed boy away to riverbank and took photographs of him, intending to give the photos to the childs parents whom he did not know

33
Q

Definition of “young person”

A

Someone under 16 years old

34
Q

R v Forrest and Forrest

A

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

35
Q

Definition of “unlawfully”

A

Means no more than without lawful authority

36
Q

Definition of “takes, entices etc”

A

To entice means to tempt, persuade or attract by arousing hope or desire

37
Q

Definition of “knowing”

Simester and Brookbanks

A

Knowing means “knowing or correctly believing”. The defendant may believe something wrongly but cannot know something this is false.

38
Q

Is consent by the young person a defence to charges under S208-210

A

No, a child under 16 cannot consent

It is immaterial whether the offender believes the young person consents or is taken or goes or is received by their own suggestion

39
Q

Is it a defence if the offender believes that the person to be of or over the age of 16

A

No

40
Q

No presumption of law because of age

A

There is no presumption of law that a person is incapable of sexual connection because of their age

41
Q

What is the Statutory defence to a charge abduction of a young person

A

Claim in “good faith” a right to the possession of a young person under 16yrs

Violence (12 decks)

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