Abduction And Kidnapping

Question 1

Section 208(a)(b)(c)

Answer 1

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

Question 2

Define unlawfully

Answer 2

Means without lawful justification or excuse

Question 3

What is case law Crossan

Answer 3

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

Question 4

What is case law Wellard

Answer 4

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

Question 5

What is case law Pryce

Answer 5

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

Question 6

Define consent with relevant case law

Answer 6

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

Question 7

Define fraud

Answer 7

Misrepresenting the facts or their intentions

Question 8

Define duress

Answer 8

Victim may agree to an offenders demands based on fear of the consequences if they refuse

Question 9

What are 2 types of intent

Answer 9

Deliberate act - act or omission must be more than involuntary or accidental

Intent to produce a result - aim or purpose

Question 10

What is the case law with Mohi

Answer 10

The offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent

Question 11

Define sexual connection

Answer 11

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

Question 12

What is section 209(a)(b)(c)

Answer 12

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

Question 13

Define ransom

Answer 13

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

Question 14

Define service

Answer 14

Intent to keep as a servant or slave

Question 15

Define difference between confine and imprisonment

Answer 15

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

Question 16

What is section 210(1) and (2)

Answer 16

(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

Question 17

Define entice

Answer 17

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

Question 18

What is section 209A

Answer 18

Young person under 16 cannot consent to being taken away or detained for purposes of 208 and 209

Question 19

What is section 210(3)(a) and (b)

Answer 19

(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

Question 20

What is section 127

Answer 20

There is no presumption of law that a person is incapable of sexual connection because of his or her age

Question 21

What is section 210A

Answer 21

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