Abduction/kidnapping Flashcards
Unlawfully
Without lawful justification or excuse
Takes away
Physically removed from one place
R V WALLARD
+
R V CROSSAN
Detains
R V PRYCE -Detains is an active concept “keep in confinement or custody”
R V CROSSAN
Consent
Agreement to something desired or proposed.
R V COX
Fraud
Deceiving victim by misrepresenting the facts
R V WALLARD
Duress
Agreement based on fear of refusal
Intent
An intention to commit a deliberate act and get a specific result
R V COLLISTER
R V MOHI
R V CHARTRAND (210)
Marriage/civil union
Engage in marriage/civil union
Sexual connection
Introduction into genitalia or anus by another person, other than for medical purpose, using part of their body or object manipulated
Go through form of marriage / civil union
Takes away or detains victim for another to marry or have sexual connection with
R V CROSSAN
(Takes away or detains)
Takes away and detained are separate and distinct offences
R V WALLARD
(Takes away and fraud)
Loss of liberty and taking from place victim wants to be
R V PRYCE
(Detains)
Detains is an active concept. “Keep in confinement or custody”
R V COX
(consent)
Consent is full, voluntary, free, and informed. Freely and voluntary given by a person to form rational judgment.
R V COLLISTER
(Intent)
Words, actions before, during, and after infer necessary intent
Intent can be inferred circumstances
R V MOHI
(Intent)
Offence committed at the time of taking as long as having necessary intent
Abduction (Takes for marriage or sex)
S208 a,b,c
- 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
Kidnapping
S209 a,b,c
- 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
Abduction of a young person under 16yrs
S210(1)
- 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
Abduction of young person under 16 years (Receives)
S210(2)
- 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
R V CHARTRAND
(Intent S210)
Depriving might not be the primary intent, however its sufficient if the result will likely result in depriving
Entices
To tempt, persuade, or attract by arousing hope or desire
Unlawfully (S210)
(Defense)
A person who claims in good faith a right to the possession of a YP under 16 cannot be convicted
Knowing
Knowledge that the YP has been abducted
R V SIMESTER AND BROOKBANKS
(Knowing)
Knowing or correctly believing. Cannot know if false
Intent
S210
- Commit the act
- Get the result
- Permanent depriving is international
R V COLLISTER
R V CHARTRAND
