Abduction/Kidnapping Flashcards
Abduction
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:
(a) go through a form of marriage or civil union or
(b) have sexual connection with the person or
(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, Crimes Act 1961
Unlawfully
Takes away or detains
A Person
Without their consent or with consent obtained by fraud or duress
With intent to:
(a) hold him or her random or to service or
(b) cause him or her to be confined or imprisoned or
(c) cause him or her to be sent or taken out of New Zealand
Abduction of Young Person Under 16
Section 210(1) Crimes Act 1961
With intent to deprive a parent or guardian or other person having lawful care or charge of a young person
if the possession of the young person
unlawfully takes away or entices away or detains
the young person
Abduction of Young Person Under 16
Section 210(2) Crimes Act 1961
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 of him or her of the possession of him or her.
Unlawfully
Without lawful justification or excuse.
Takes Away
Physically removed from one place to another.
Detains
Detains is an active concept rather than a pssive one. Imposing contrain or restraint on a person.
R v Pryce
R v Crossan
Takes away and detained are “separate and distinct
offences”.
R v Wellard
Kidnapping loss of liberty and taking from place victim wants to
be.
R v Pryce
Detains is an active concept. “Keep in confinement or
custody”.
Consent
A persons conscious and voluntary agreement to something desired or proposed by another.
R v Cox
Consent is full, voluntary, free and informed. Freely and
voluntary given by a person to form rational judgment.
Fraud
Deceiving the victim by misrepresenting thr fact.
Duress
Agreement based on fear of refusal.
Intent
R v Collister. Intention to commit the act t and intention to get a specific result.
R v Mohi
Offence committed at the time of taking as long as
having necessary intent.
Sexual Connection
Introduction into genitalia or anus by another person, other
than for medical purpose, using part of their body or object
manipulated.
Ransom
Money demanded or paid for release.
Service
Hold or a servant or slave.
Confined
Restricted movement.
Imprisoned
As if in prison.
Young person
Under the age of 16
R v Chartrand
Depriving might not be primary intent,
however its sufficient if the actions are likely to result in
depriving.
Good faith defence
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 Forrest and Forrest
Best evidence possible, proof of victims age.
Consent of young person defence
No defence
