ABDUCTION/KIDNAPPING

Question 1

ABDUCTION

Answer 1

208 CA
- UNLAWFULLY
-TAKES AWAY or DETAINS
-A 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 or
B) HAVE SEXUAL CONNECTION WITH THE PERSON
or
C) CAUSE THE PERSON TO DO A OR B WITH SOME OTHER PERSON

Question 2

UNLAWFULLY DESCRIBED AS

Answer 2

WITHOUT LAWFUL JUSTIFICATION OR EXCUSE

Question 3

TAKES AWAY OR DETAINS CASE LAW

Answer 3

CROSSAN

- TAKES AWAY AND DETAINING ARE SEPERATE AND DISTINCT OFFENCES

Question 4

TAKES AWAY CASE LAW

Answer 4

WELLARD
- ESSENCE OF OFFENCE OF KIDNAPPING IS THE DEPRIVATION OF LIBERTY, COUPLED WITH CARRYING AWAY FROM THE PLACE THE VICTIM WANTS TO BE

Question 5

DETAINS CASE LAW

Answer 5

PRYCE
DETAINING IS AN ACTIVE CONCEPT MEANING KEEP IN CONFINEMENT OR CUSTODY
THIS IS IN CONTRAST TO PASSIVE CONCEPT OF HARBOURING OR MERE FAILURE TO HAND OVER

Question 6

209A CRIMES ACT

Answer 6

FOR SECTION 208/209, A PERSON UNDER 16 CANNOT CONSENT TO BEING TAKEN AWAY OR DETAINED

Question 7

CONSENT OBTAINED BY FRAUD DEFINED AS

Answer 7

DECEIVING THE VICTIM INTO AGREEING TO A PROPOSITION BY MISREPRESENTING THE FACTS OR THEIR INTENTION

Question 8

CONSENT OBTAINED BY DURESS DEFINED AS

Answer 8

ACQUIESCE (ACCEPTING) AN OFFENDERS DEMANDS BASED ON FEAR IF THEY DONT

Question 9

WITH INTENT TO GO THROUGH A FORM OF MARRIAGE/CIVIL UNION OR HAVE SEXUAL CONNECTION

Answer 9

MARRIAGE/SEXUAL CONNECTION APPEAR ONLY AS MATTER OF INTENT

NOT NECESSARY TO PROVE OCCURRED OR ATTEMPTED

Question 10

WITH INTENT TO CASE LAW

Answer 10

MOHI
OFFENCE COMMITTED AT THE TIME OF TAKING AWAY AS LONG AS THE INTENT WAS THERE AT THAT MOMENT.
NOT NECESSARY TO SHOW THE INTENT WAS CARRIED OUT

Question 11

KIDNAPPING

Answer 11

209 CA
- UNLAWFULLY
- TAKES AWAY OR DETAINS
- A PERSON
- WITHOUT THEIR CONSENT OR WITH CONSENT OBTAINED BY FRUAD OR DURESS
- WITH INTENT TO:
A) HOLD HIM/HER FOR RANSOM OR TO SERVICE
B) CAUSE HIM/HER TO BE CONFINED OR IMPRISONED
C) CAUSE HIM/HER TO BE SENT OR TAKEN OUT OF NZ

Question 12

RANSOM DEFINED AS

Answer 12

A SUM OF MONEY DEMANDED OR PAID FOR THE RELEASE OF A PERSON BEING HELD CAPTIVE

Question 13

CONFINE DEFINED AS

Answer 13

RESTRICTING THEIR MOVEMENT WITH A GEO AREA OR WIDER MEANING OF CURTAILING THEIR ACTIVITY AND EXERCISING CONTROL AND INFLUENCE OVER THEM

Question 14

IMPRISON DEFINED AS

Answer 14

PUT THEM IN PRISON OR CONFINE THEM IN A PLACE LIKE PRISON (NARROWER MEANING THAN CONFINE)

Question 15

ABDUCTION OF A YOUNG PERSON UNDER 16 - DEPRIVE

Answer 15

210(A) CA

• WITH INTENT TO DEPRIVE PARENT/GUARDIAN/OTHER PERSON HAING THE LAWFUL CARE OR CAHRGE OF A YOUNG PERSON, OF THE POSSESSION OF THE YOUNG PERSON
• UNLAWFULLY
• TAKES or ENTICES AWAY or DETAINS
• THE YOUNG PERSON

Question 16

INTENT 210(1)

Answer 16

• DEPRIVING PARENT MIGHT NOT BE OFFENDERS PRIMARY INTENTION HOWEVER IF THEY KNOW THEUR ACTIONS WILL INEVITABLY CAUSE THAT, THEN DEPRIVING PARENT CAN BE SAID TO BE INTENTIONAL

Question 17

DEPRIVING CASE LAW

Answer 17

CHARTRAND
WHETHER THE DEFENDANT HAD AN INNOCENT MOTIVE OR INTENDED POSSESSION FOR SHORT TIME IS BESIDE THE POINT.
DONT HAVE TO PROVE INTENDED TO DEPRIVE PREMARITALLY

Question 18

POSSESSION CASE LAW

Answer 18

COX
2 ELEMENTS IN POSSESSION
1. PHYSICAL - ACTUAL OR POTENTIAL PHYSICAL CUSTODY OR CONTROL
2. MENTAL - COMBO OF KNOWLEDGE AND INTENTION.
KNOWLEDGE IN SENSE OF AWARENESS BY THE ACCUSED THAT THE SUBSTANCE IS IN HIS POSSESSION AND HAD AN INTENTION TO EXERCISE POSSESSION

Question 19

UNLAWFULLY 210(A)

Answer 19

IF CLAIMS IN GOOD FAITH POSSESSION OF YOUNG PERSON, CANNOT BE CONVICTED UNDER 209/210

Question 20

TAKES OR ENTICES AWAY OR DETAINS

Answer 20

IT IS IMMATERIAL WHETHER:

• YOUNG PERSON CONSENTED
• YOUNG PERSON TAKEN/GOES AT THEIR OWN SUGGESTION
• OFFENDER BELIEVED YOUNG PERSON OF OR OVER 16

Question 21

YOUNG PERSON CASE LAW

Answer 21

FORREST AND FORREST

THE BEST EVIDENCE POSSIBLE IN THE CIRCUMSTANCES SHOULD BE ADDUCED BY THE PROSECUTION IN PROOF OF THE VICTIMS AGE

Question 22

ABDUCTION OF A YOUNG PERSON UNDER 16 - RECEIVES

Answer 22

210(2) CA

• RECEIVES
• A YOUNG PERSON
• KNOWING THAT YOUNG PERSON HAS BEEN UNLAWFULLY TAKEN/ENTICED/DETAINED. WITH INTENT TO DEPRIVE PARENT/GUARDIAN/OTHER PERSON HAING LAWFUL CARE/CHARGE OF HIM/HER, OF THE POSSESSION OF HIM/HER

Question 23

RECIEVES DEFINED AS

Answer 23

• EACH CASE BE A QUESTION OF DEGREE AND FACT
• INCLUDES PHYSICALLY RECEIVING CUSTODY
• SEVERAL PEOPLE COULD JOINTLY RECEIVE

Question 24

KNOWLEDGE DEFINED AS

Answer 24

OFFENDER MUST KNOW YOUNG PERSON THEY ARE RECEIVING HAS BEEN ABDUCTED

Question 25

KNOWLEDGE CASE LAW

Answer 25

AP SIMESTER AND WJ BROOKBANKS
- KNOWING = KNOWING OR CORRECTLY BELIEVING
THE DEFENDANT MAY BELIEVE SOMETHING WRONGLY BUT CANNOT KNOW SOMETHING FALSE