Abduction/kidnapping Flashcards

1
Q

Unlawfully

A

Without lawful justification or excuse

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2
Q

Takes away

A

Physically removed from one place

R V WALLARD
+
R V CROSSAN

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3
Q

Detains

A

R V PRYCE -Detains is an active concept “keep in confinement or custody”

R V CROSSAN

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4
Q

Consent

A

Agreement to something desired or proposed.

R V COX

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5
Q

Fraud

A

Deceiving victim by misrepresenting the facts

R V WALLARD

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6
Q

Duress

A

Agreement based on fear of refusal

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7
Q

Intent

A

An intention to commit a deliberate act and get a specific result

R V COLLISTER
R V MOHI
R V CHARTRAND (210)

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8
Q

Marriage/civil union

A

Engage in marriage/civil union

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9
Q

Sexual connection

A

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

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10
Q

Go through form of marriage / civil union

A

Takes away or detains victim for another to marry or have sexual connection with

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11
Q

R V CROSSAN
(Takes away or detains)

A

Takes away and detained are separate and distinct offences

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12
Q

R V WALLARD
(Takes away and fraud)

A

Loss of liberty and taking from place victim wants to be

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13
Q

R V PRYCE
(Detains)

A

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

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14
Q

R V COX
(consent)

A

Consent is full, voluntary, free, and informed. Freely and voluntary given by a person to form rational judgment.

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15
Q

R V COLLISTER
(Intent)

A

Words, actions before, during, and after infer necessary intent

Intent can be inferred circumstances

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16
Q

R V MOHI
(Intent)

A

Offence committed at the time of taking as long as having necessary intent

17
Q

Abduction (Takes for marriage or sex)
S208 a,b,c

A
  • Unlawfully
  • Takes away or detains
  • Any person
  • Without their consent or consent obtained by fraud or duress
  • With intent to
    a) Go through form of marriage or civil union
    b) Have sexual connection with
    c) Cause person to go through form of marriage or civil union or have sexual connection with some other person
18
Q

Kidnapping
S209 a,b,c

A
  • 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 person to be imprisoned or confined
    c) Cause person to be sent or taken out of New Zealand
19
Q

Abduction of a young person under 16yrs
S210(1)

A
  • With intent to deprive a parent or guardian or other person the lawful care or charge of the young person or possession of the young person
  • Unlawfully
  • Takes or entices away or detains
  • A young person
20
Q

Abduction of young person under 16 years (Receives)
S210(2)

A
  • Recieves
  • A young person
  • knowing that he/she has been Unlawfully taken, enticed or detained, with intent to deprive a parent or guardian or other person the lawful care or charge of the young person or possession of the young person
21
Q

R V CHARTRAND
(Intent S210)

A

Depriving might not be the primary intent, however its sufficient if the result will likely result in depriving

22
Q

Entices

A

To tempt, persuade, or attract by arousing hope or desire

23
Q

Unlawfully (S210)
(Defense)

A

A person who claims in good faith a right to the possession of a YP under 16 cannot be convicted

24
Q

Knowing

A

Knowledge that the YP has been abducted

25
Q

R V SIMESTER AND BROOKBANKS
(Knowing)

A

Knowing or correctly believing. Cannot know if false

26
Q

Intent
S210

A
  • Commit the act
  • Get the result
  • Permanent depriving is international

R V COLLISTER
R V CHARTRAND