Abduction and kidnapping Flashcards
What is the act and section for abduction for the purposes of marriage or sexual connection? What are the elements?
Section 208 Crimes Act 1961 - 14yrs
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 go through a form of marriage or civil union with him or her
(b) with intent to have sexual connection with him or her
(c) with intent to cause him or her to go through a form of marriage or civil union, or to have sexual connection with some other person.
(A person under 16 cannot consent to being taken away or detained)
What is the act and section of kidnapping? What are the elements?
Section 209 Crimes Act 1961 - 14 years
Unlawfully takes away or detains 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
(b) with intent to cause him or her to be confined or imprisoned
(c) with intent to cause him or her to be sent or taken out of New Zealand.
(A person under 16 cannot consent to being taken away or detained)
What is the act and section of abduction of a young person under 16? What are the elements?
Section 210 Crimes Act 1961 - 7 years
(1) 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) 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 or the possession of him or her.
(It doesn’t matter if the young person consents or is taken/ goes / received at their own suggestion. It doesn’t matter if the offender believes the young person is 16 or over)
What was held in R V Crossan?
Taking away and detaining are separate and distinct offences.
(If a person has been both taken away and then detained, two charges should be laid.
What was held in R V Wellard?
The essence of kidnapping is the deprivation of liberty coupled with the carrying away from a place where the victim wants to be.
What was held in R V Pryce?
Detaining is an active concept of keeping in confinement or custody, it is to be contrasted by the passive concept of harbouring or mere failure to hand over.
What was held in R V Mohi?
The offence is committed at the time of taking away, together with the necessary intent, regardless of whether the intent was carried out.
(The intent meaning marriage, sexual connection, hold for ransom etc)
What is the definition of ‘unlawful’?
Without lawful justification or excuse.
What does ‘taking away’ mean?
The victim is physically moved from one placed to another.
Case law is R V Wellard
What does detaining mean?
It is an active concept and involves doing something to impose a constraint or restraint on the person.
(R V Pryce)
What does ‘by fraud’ mean?
The offender misrepresents the facts or their intentions and uses deception to get the victim to agree to a proposition.
Eg. R V Wellard - offender gained victim’s consent fraudulently by representing himself as a police officer, which he was not.
What does duress mean?
Consent gained by coercion or intimidation.
What does Ransom mean?
A sum of money demanded or paid for the release of a person being held captive.
What does service mean in relation to kidnapping?
The offender’s intent is to keep the victim as a servant or slave.
What does it mean to ‘cause him or her to be confined’?
Restricting movements within a location.
Restricting activity and controlling/ influencing the person.
