Abduction / Kidnapping

Question 1

Abduction

Answer 1

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.

Question 2

Kidnapping

Answer 2

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

Question 3

Abduction of a Young Person Under 16

Answer 3

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

Question 4

Define Unlawfully

Answer 4

Without lawful justification or excuse

Question 5

R v Crossan

Answer 5

Takes away and detained are “separate and distinct offences”.

Question 6

Define Takes Away

Answer 6

Physically removed from one place.

Question 7

R v Wellard

Answer 7

Kidnapping is a Loss of liberty and taking from place victim wants to be. Time and distance are not an issue.

Question 8

R v Pryce

Answer 8

Detains is an active concept. “Keep in confinement or custody”.

Question 9

Define Consent

Answer 9

Conscious and voluntary agreement to something desired or proposed

Question 10

R v Cox

Answer 10

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

Question 11

Define Fraud

Answer 11

Deceiving the victim by misrepresenting the facts.

Question 12

Define Duress

Answer 12

An agreement based on fear of refusal

Question 13

What is section 209A CA 1961

Answer 13

A young person (0-15) cannot consent to being taken away or detained.

Question 14

Define Intent

Answer 14

An intent to do a deliberate act with intent to get a specific result.

Question 15

Define Sexual Connection

Answer 15

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

Question 16

R v Mohi

Answer 16

The offence is committed at the time of the taking as long as the offender has the necessary intent.

Question 17

Define Ransom

Answer 17

Money demanded or paid for release

Question 18

Define Service

Answer 18

Hold as a servant or slave

Question 19

Defence to section 210A

Answer 19

• 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.

Question 20

R v Chartrand

Answer 20

Depriving might not be primary intent, however its sufficient if the actions are likely to result in depriving.

Question 21

R v Cox

Answer 21

Possession has two elements:

1. ) actual or potential physical custody or control.
2. ) Knowledge of the object and an intent to exercise control over it.

Question 22

What must you consider in relation to “consent obtained by duress

Answer 22

Whether the threats, pressure or coercion are such that they destroy the reality of consent and overbear the will of the individual

Question 23

Takes away and detained are “separate and distinct offences”.

Answer 23

R v Crossan

Question 24

Kidnapping is Loss of liberty and taking from place victim wants to be.

Answer 24

R v Wellard

Question 25

Detains is an active concept. “Keep in confinement or custody”.

Answer 25

R v Pryce

Question 26

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

Answer 26

R v Cox

Question 27

The offence is committed at the time of the taking as long as the offender has the necessary intent.

Answer 27

R v Mohi

Question 28

Depriving might not be primary intent, however its sufficient if the actions are likely to result in depriving.

Answer 28

R v Chartrand

Question 29

Possession has two elements:

1. ) actual or potential physical custody or control.
2. ) Knowledge of the object and an intent to exercise control over it.

Answer 29

R v Cox

Question 30

R v Waaka

Answer 30

Intent may be formed at any time during the taking away It is not necessary that the intent was formed beforehand.

Question 31

R v M

Answer 31

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.

Question 32

Abduction (Receives) of a young person under 16 - Act, section, elements

Answer 32

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