ABDUCTION/KIDNAPPING Flashcards
ABDUCTION
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
UNLAWFULLY DESCRIBED AS
WITHOUT LAWFUL JUSTIFICATION OR EXCUSE
TAKES AWAY OR DETAINS CASE LAW
CROSSAN
- TAKES AWAY AND DETAINING ARE SEPERATE AND DISTINCT OFFENCES
TAKES AWAY CASE LAW
WELLARD
- ESSENCE OF OFFENCE OF KIDNAPPING IS THE DEPRIVATION OF LIBERTY, COUPLED WITH CARRYING AWAY FROM THE PLACE THE VICTIM WANTS TO BE
DETAINS CASE LAW
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
209A CRIMES ACT
FOR SECTION 208/209, A PERSON UNDER 16 CANNOT CONSENT TO BEING TAKEN AWAY OR DETAINED
CONSENT OBTAINED BY FRAUD DEFINED AS
DECEIVING THE VICTIM INTO AGREEING TO A PROPOSITION BY MISREPRESENTING THE FACTS OR THEIR INTENTION
CONSENT OBTAINED BY DURESS DEFINED AS
ACQUIESCE (ACCEPTING) AN OFFENDERS DEMANDS BASED ON FEAR IF THEY DONT
WITH INTENT TO GO THROUGH A FORM OF MARRIAGE/CIVIL UNION OR HAVE SEXUAL CONNECTION
MARRIAGE/SEXUAL CONNECTION APPEAR ONLY AS MATTER OF INTENT
NOT NECESSARY TO PROVE OCCURRED OR ATTEMPTED
WITH INTENT TO CASE LAW
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
KIDNAPPING
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
RANSOM DEFINED AS
A SUM OF MONEY DEMANDED OR PAID FOR THE RELEASE OF A PERSON BEING HELD CAPTIVE
CONFINE DEFINED AS
RESTRICTING THEIR MOVEMENT WITH A GEO AREA OR WIDER MEANING OF CURTAILING THEIR ACTIVITY AND EXERCISING CONTROL AND INFLUENCE OVER THEM
IMPRISON DEFINED AS
PUT THEM IN PRISON OR CONFINE THEM IN A PLACE LIKE PRISON (NARROWER MEANING THAN CONFINE)
ABDUCTION OF A YOUNG PERSON UNDER 16 - DEPRIVE
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
INTENT 210(1)
- 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
DEPRIVING CASE LAW
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
POSSESSION CASE LAW
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
UNLAWFULLY 210(A)
IF CLAIMS IN GOOD FAITH POSSESSION OF YOUNG PERSON, CANNOT BE CONVICTED UNDER 209/210
TAKES OR ENTICES AWAY OR DETAINS
IT IS IMMATERIAL WHETHER:
- YOUNG PERSON CONSENTED
- YOUNG PERSON TAKEN/GOES AT THEIR OWN SUGGESTION
- OFFENDER BELIEVED YOUNG PERSON OF OR OVER 16
YOUNG PERSON CASE LAW
FORREST AND FORREST
THE BEST EVIDENCE POSSIBLE IN THE CIRCUMSTANCES SHOULD BE ADDUCED BY THE PROSECUTION IN PROOF OF THE VICTIMS AGE
ABDUCTION OF A YOUNG PERSON UNDER 16 - RECEIVES
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
RECIEVES DEFINED AS
- EACH CASE BE A QUESTION OF DEGREE AND FACT
- INCLUDES PHYSICALLY RECEIVING CUSTODY
- SEVERAL PEOPLE COULD JOINTLY RECEIVE
KNOWLEDGE DEFINED AS
OFFENDER MUST KNOW YOUNG PERSON THEY ARE RECEIVING HAS BEEN ABDUCTED
KNOWLEDGE CASE LAW
AP SIMESTER AND WJ BROOKBANKS
- KNOWING = KNOWING OR CORRECTLY BELIEVING
THE DEFENDANT MAY BELIEVE SOMETHING WRONGLY BUT CANNOT KNOW SOMETHING FALSE
