Abduction And Kidnapping

Question 1

What are the ingredients to kidnapping

Answer 1

1) unlawfully takes away or detains a person without his or her consent or with his or her consent obtained by fraud or duress
2) with intent to hold him or her for ransom, service
3) with intent to cause him or her to be confined, imprisoned or to be sent or taken out of New Zealand

Question 2

Taking away and detaining are two separate and distinct acts outline the difference

Answer 2

Physically removing - taking away

Detaining - constraining or holding

Question 3

What is the section of Crimes Act for kidnapping

Answer 3

Section 209, Crimes Act 1961 - Kidnapping

Question 4

What are the three intents required for kidnapping

Answer 4

With intent to hold him or her for a ransom order of service or with intent to cause him or her to be confined to one present or with intent to cause him or her to be sent or take it out of New Zealand

Question 5

Outline the provisions of of Section 209A Crimes Act 1961

Answer 5

Person under 16 cannot consent to be taken

Question 6

What are the three intent required in abduction?

Answer 6

With intent to go through a form of marriage or civil union with him or her or with intent to have sexual connection with him or her or with intent to cause him or her to go through a form of marriage or civil union or to have sexual connections with some other person

Question 7

What is the Section of the Crimes Act 1961 - Abduction

Answer 7

Section 208 Crimes Act 1961

Question 8

R V Crossan

Answer 8

Taking away and detaining are separate and distinct offences. The first consists of taking the victim away: the second of detaining her.

Question 9

R V Wellard

Answer 9

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 10

R V Pryce

Answer 10

Detaining is an active concept meaning to keep in confinement or custody

Question 11

R V Cox

Answer 11

Consent must be full of Voluntary, free and informed. Freely And voluntarily given by a person in a position to form a rational judgement

Question 12

R V Mohi

Answer 12

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

Question 13

R V Forest and Forest

Answer 13

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

Question 14

Abduction for purpose of marriage or sexual connection

Answer 14

1)Unlawfully
2)Takes away or Detains
3)A person
4)Without his or her consent
5)With his or her consent obtained by fraud
or duress
A)With intent to go through a form of marriage or civil.
B)With intent to have sexual connection.
C)With intent to cause people to go through a form of marriage or civil union or to have sexual connection with some other person.