Abduction / Kidnapping Flashcards
What section and act is the charge abduction?
Section 208 Crimes Act 1961
What are the elements of abduction?
- Unlawfully
- Takes away, or,
- detains,
- any person
- without their consent, or,
- with consent ontained by fraud or duress
- with intent to go through a form of marriage or civil union, or,
- have sexual connection with the person, or,
- cause the person to go through a form of marriage or civil union, or to have sexual connection, with some person.
Explain:
R V CROSSAN
Taking away and detaining are “seperate and distinct offences”.
In relation to ‘TAKING AWAY’
Explain the case law from
R V WELLARD
The essence of the offence of kidnapping is the “deprivation of libertery coupled with a carrying away from the place the victim wants to be”.
In relation to ‘DETAINS’ explain case law from
R V PRYCE
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 failiure to hand over.
What is section 209A Crimes Act 1961 in relation to?
For the purpose of secitons 208 and 209, a person under the age of 16 years cannot consent to being taken away or detained.
How would you explain consent obtained by fraud?
Deceiving the victim into agreeing to a proposition by misrepresenting the facts or their intentions.
Explain consent obtained by duress?
Acquiesce to an offenders demands based on fear of the consequences if they refuse.
Duress may arise from the actual or implied threat of force to the victim or another person, but can also include other forms of pressure or coertion.
Explain:
R V MOHI
The offence is committed at the time of the taking away, so long as there is, at that moment, the neccessary intent. It has never been regarded as neccessary…that the Crown should show the intent was carried out.
What is the act and section for Kidnapping?
What are the elements?
Section 209 Crimes Act 1961.
- Unlawfully
- Takes away, or,
- detains
- a person
- without their consent, or,
- with consent obtained by fraud or duress
- with the intent to:
(a) hold him / her for ransom or to service, or,
(b) cause him / her to be confined or imprisoned, or,
(c) cause him / her to be sent or taken out of NZ
Explain ransom?
A ransom is a sum of money demanded or paid for the release of a person being held captive.
Explain confining, in relation to kidnapping.
Confining a person can include restricting their movements to within a geographical area, but also has a wider meaning that includes curtailing their actitity and exercising control and influence over them.
What is section 210(1) Crimes Act 1961?
Abduction of a young person under 16 years.
What are the elements for the charge, abducting a young person under 16?
- With intent to deprive a parent or guardian or other person having lawful care or charge of the young person of the possession of the young person
- unlawfully
- takes, or,
- entices away, or,
- detains
- the young person
Explain ‘intent’ when charging someone with abduction of a young person under 16?
Depriving a parent of possession may not be the offenders primary intention, however, if they know that their actions will inevitably cause that outcome, then depriving the parent can also be said to have been ‘intentional’.
