Abduction And Kidnapping Flashcards
Section 208(a)(b)(c)
Abduction for purpose of marriage or sexual connection
- 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 marry him or her
(b) with intent to have sexual connection with him or her
(c) with intent to cause him or her to marry or have sexual connection with some other person
Define unlawfully
Means without lawful justification or excuse
What is case law Crossan
Taking away and detaining are separate and distinct offences. The first consists of taking the victim away against their will. The second of detaining them against their will
What is case law Wellard
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
What is case law Pryce
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
Define consent with relevant case law
Consent is a person’s conscious and voluntary agreement to something desired or proposed by another.
R v Cox
Consent must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to form a rational judgement
Define fraud
Misrepresenting the facts or their intentions
Define duress
Victim may agree to an offenders demands based on fear of the consequences if they refuse
What are 2 types of intent
Deliberate act - act or omission must be more than involuntary or accidental
Intent to produce a result - aim or purpose
What is the case law with Mohi
The offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent
Define sexual connection
Connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes of
- a part of the body of another person
- an object held or manipulated by another person
Connection between the mouth or tongue of one person and a part of another person’s genitalia or anus
The continuation of connection of any above
What is section 209(a)(b)(c)
Kidnapping
- 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 hold him or her for ransom or 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 NZ
Define ransom
A sum of money demanded or paid for the release of a person being held captive
Define service
Intent to keep as a servant or slave
Define difference between confine and imprisonment
Confine a person can include restricting their movements to within a geographical area, but also has a wider meaning that includes curtailing their activity and exercising control and influence over them
Imprison means to put them in prison or to confine them as if in prison
What is section 210(1) and (2)
(1) adbuction of young person under 16
- 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
- recieves 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 the possession of him or her
Define entice
To entice means to tempt, persuade pr attract by arousing hope or desire
What is section 209A
Young person under 16 cannot consent to being taken away or detained for purposes of 208 and 209
What is section 210(3)(a) and (b)
(a) for purposes of subsections (1) and (2) it is immaterial whether the young person consents
(b) immaterial whether the offender believes the young person to be of or over age of 16
What is section 127
There is no presumption of law that a person is incapable of sexual connection because of his or her age
What is section 210A
A person who claims in good faith a right to the possession of a young person under the age of 16 cannot be convicted of an offence against section 209 or 210 because he or she gets possession of the young person
