Abduction / Kidnapping Flashcards
Abduction
Section 208 (a) or (b) or (C) CA 1961
- Unlawfully
- Takes away or Detains
- Any person
- Without their consent or consent obtained by fraud or duress
- with intent to:
(a) Go through a form of marriage or civil union.
(b) Have sexual connection with
(c) Cause the person to go through a form of marriage or civil union, or to have sexual connection with some other person.
Kidnapping
Section 209 (a) or (b) or (c) CA 1961
- Unlawfully
- Takes away or detains
- A person
- Without their consent or consent obtained by fraud or duress
- With intent to:
(a) Hold for ransom or service
(b) Cause to be imprisoned or confined
(c) Cause to be sent or taken out of New Zealand
Abduction of a Young Person Under 16
Section 210(1) CA 1961
- With intent to deprive a parent or guardian or other person having the lawful care or charge of a young person, of the possession of a young person
- Unlawfully
- Takes or entices or detains
- The young person
Define Unlawfully
Without lawful justification or excuse
R v Crossan
Takes away and detained are “separate and distinct offences”.
Define Takes Away
Physically removed from one place.
R v Wellard
Kidnapping is a Loss of liberty and taking from place victim wants to be. Time and distance are not an issue.
R v Pryce
Detains is an active concept. “Keep in confinement or custody”.
Define Consent
Conscious and voluntary agreement to something desired or proposed
R v Cox
Consent must be full, voluntary, free and informed. Freely and voluntarily given by a person in a position to form a rational judgement.
Define Fraud
Deceiving the victim by misrepresenting the facts.
Define Duress
An agreement based on fear of refusal
What is section 209A CA 1961
A young person (0-15) cannot consent to being taken away or detained.
Define Intent
An intent to do a deliberate act with intent to get a specific result.
Define Sexual Connection
Introduction into genitalia or anus by another person, other than for medical purpose or using part of their body or object manipulated.
R v Mohi
The offence is committed at the time of the taking as long as the offender has the necessary intent.
Define Ransom
Money demanded or paid for release
Define Service
Hold as a servant or slave
Defence to section 210A
- A person who claims in good faith a right to the possession of a young person under the age of 16 years cannot be convicted.
R v Chartrand
Depriving might not be primary intent, however its sufficient if the actions are likely to result in depriving.
R v Cox
Possession has two elements:
- ) actual or potential physical custody or control.
- ) Knowledge of the object and an intent to exercise control over it.
What must you consider in relation to “consent obtained by duress
Whether the threats, pressure or coercion are such that they destroy the reality of consent and overbear the will of the individual
Takes away and detained are “separate and distinct offences”.
R v Crossan
Kidnapping is Loss of liberty and taking from place victim wants to be.
R v Wellard
Detains is an active concept. “Keep in confinement or custody”.
R v Pryce
Consent must be full, voluntary, free and informed. Freely and voluntarily given by a person in a position to form a rational judgement.
R v Cox
The offence is committed at the time of the taking as long as the offender has the necessary intent.
R v Mohi
Depriving might not be primary intent, however its sufficient if the actions are likely to result in depriving.
R v Chartrand
Possession has two elements:
- ) actual or potential physical custody or control.
- ) Knowledge of the object and an intent to exercise control over it.
R v Cox
R v Waaka
Intent may be formed at any time during the taking away It is not necessary that the intent was formed beforehand.
R v M
The crown must prove that the accused intended to take away or detain the complainant and that he or she knew that the complainant was not consenting.
Abduction (Receives) of a young person under 16 - Act, section, elements
Abduction 210(2)
Receives
A young person
Knowing that he or she has been unlawfully taken away or enticed away or detained
with intent to deprive a parent or guardian or other person having the lawful care or charge or possession of him or her
