Abduction & Kidnapping

Question 1

Abduction (Elements)

Answer 1

Section 208 Crimes Act 1961
* Unlawfully
* Takes away or Detains
* A person
* Without their consent or With consent obtained by fraud or duress
* With intent to go through a form of marriage or civil union or
* Have sexual connection with the person or
* Go through a form of marriage or civil union or to have sexual connection with some other person

Question 2

Unlawfully (Defnition)

Answer 2

Without lawful justification or excuse

Question 3

Takes away (Case Law)

Answer 3

R v MOHI:
The offence is committed at the time of taking away as long as the necessary intent was there in at that moment.

Question 4

Detains (Case Law)

Answer 4

R v PRYCE:
Keep in confinement or custody. This is different to harbouring or failure to hand over

Question 5

Consent (Definition)

Answer 5

Persons conscious and voluntary agreement to something desired by another

Question 6

Consent (Case Law)

Answer 6

R v COX:
Must be full, voluntary, free and informed. Given by a person in position to form a rational judgement

Question 7

Obtain by fraud (Definition)

Answer 7

Deceive by misrepresenting the facts or their intentions gets the victim to agree

Question 8

Obtain by duress (Definition)

Answer 8

Agree to the offenders demands based on fear of consequences if they refuse. Could be based on threats of violence or other forms of coercion

Question 9

Kidnapping (Elements)

Answer 9

Section 209 Crimes Act 1961
* Unlawfully
* Takes away or Detains
* A person
* Without consent or With consent obtained by fraud or duress
* With intent to hold him or her for ransom or to service or
* Cause him or her to be confined or Imprisoned or
* Cause him or her to be sent or taken out of New Zealand

Question 10

Ransom (Definition)

Answer 10

Sum of money demanded or paid for the release of a person

Question 11

Confine (Definition)

Answer 11

Restricting movements in a geographical area or reduce activity and have control over them

Question 12

Imprison (Definition)

Answer 12

Put them in prison or confine them as if they are in prison

Question 13

Abduction of a young person u/16 (Elements)

Answer 13

Section 210(1) Crimes Act 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 the young person
* Unlawfully takes or Entices or Detains
* The young person

Question 14

Abduction of young person u/16 - receives (Elements)

Answer 14

Section 210(2) Crimes Act 1961
* Receives
* A young person
* Knowing that he or she has been taken or Enticed or Detained with intent to deprive a parent or guardian or other person having the lawful care or charge of him or her of the possession of him or her