Abduction For Purposes Of Marriage Or Civil Union Or Sexual Connection

Question 1

Abduction for purposes of marriage/civil union/sexual connection Name Act, Section and punishment

Answer 1

Crimes Act 1961 Section 208 a,b or c 14 years

Question 2

Ingredients for Abduction to Marriage/ Civil Union or Sexual Connection

Answer 2

Unlawfully
Takes away OR Detains
Any Person
Without their consent OR With consent obtained by fraud or duress
With intent to :
A - Go through a form of marriage or civil union
B - Have sexual connection with the peron
C - Cause the person to go through a form of marriage or Civil Union OR to have sexual connection with some other person

Question 3

For a conviction under S208 the crown must prove that :

Answer 3

• The defendant took away or detained a person
• The taking or detention was intentional
• The taking or detention was unlawful
• The taking or detention was without that persons consent (or with consent induced by fraud or duress)
• The defendant knew that there was no consent to the taking or detention and
  The defendant intended to :

A - go through form of marriage or civil union with person
B - Have sexual connection with the person taken or detained
C - Cause the person taken/ detained to go through form of marriage or civil union to another person or to have sexual connection with another person

Question 4

Unlawfully means

Answer 4

Without lawful justification, authority or excuse

Question 5

Taking away meaning and case law?

Answer 5

Generally refers to situations where the victim is physically removed from one place to another.

Rv Wellard

Question 6

R v Wellard

Answer 6

The deprivation of liberty coupled with a carrying away from the place where the victim wants to be

Question 7

Taking away vs detaining

Answer 7

Taking away and detaining are two seperate and distinct acts giving rise to two different offences. The prosecution should specify which of the acts is being alleged. Where there is evidence of both taking away and detaining two charges should be filed.

Question 8

R v Crossan

Answer 8

Taking away and detaining are “seperate 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 women 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.

Question 9

What case law relates to detaining?

Answer 9

R v Pryce

Question 10

R v Pryce

Answer 10

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 11

Consent means?

Answer 11

A persons conscious and voluntary agreement to something desired of proposed by another

Question 12

Consent case law R v Cox states?

Answer 12

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

Question 13

Consent may be relayed by ..

Answer 13

Words, conduct or both

Question 14

Consent obtained by fraud is when?

Answer 14

The offender deceives the victim into agreeing to a proposition by misrepresenting the facts or their intentions

Question 15

Consent obtained by duress is when?

Answer 15

The victim agrees to an offenders demands based on fear of the consequences if they refuse.

Question 16

When is the offence of abduction complete?

Answer 16

As soon as the offender detains the victim with one of the specified intents.

The act itself ie sexual connection, marriage does not have to be completed for the offence to be complete it only requires to prove the intent.

Question 17

R v Mohi

Answer 17

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.

Question 18

R v Waaka

Answer 18

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 purposes if the section

Question 19

Sexual Connection def?

Answer 19

Introduction into genitalia or anus by another person other than for medical purposes, using a part of their body or object manipulated.