Abduction/Kidnapping Flashcards

1
Q

In regards to abduction, how is the offenders intent different to that of someone who commits kidnapping?

A

Abduction offenders are often sexually motivated, whereas a kidnapping offender has the intent to imprison a person or hold them for ransom

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2
Q

What does unlawfully mean?

A

Unlawfully means without lawful justification or excuse

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3
Q

Define taking away

A

Taking away, generally refers to situations with the victim is physically removed from one place to another

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4
Q

Define detains?

A

Detaining is an active concept rather than a passive one it involves doing something to impose a constraint or restraint on the person detained

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5
Q

In R v Pryce what did they define detaining as?

A

Detaining is an active concept meaning to keep in confinement or custody. This is to be contrasted to the passive concept of harboring or me failure to handover.

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6
Q

Does the crimes act specify a minimum period for which a persons freedom must have been curtailed before they are deemed to have been detained?

A

No the crimes act does not specify a minimum period. Whether a person has been or has not been detained will therefore be a question effect and degree to be decided upon on the circumstances of each case

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7
Q

Define consent?

A

Consent as a persons, conscious and voluntary agreement to something desired, or proposed by another.
consent may be conveyed by words or conduct or both

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8
Q

Is taking away and detaining two separate things?

A

Yes, taking away and detaining are two separate and distinct acts and they are distinct offences

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9
Q

Define how people give consent when it’s obtained by fraud

A

The offender may deceive the victim into agreeing to a proposition by mystery representing the facts or their intentions.
EG R v Wellard with the offender gained the victims consent by representing himself as a police officer

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10
Q

How is consent obtained by duress?

A

A victim may agree to an offenders demands based on the fear of the consequences if they were to refuse.

Duress may rise from the actual implied threat of force to the victim, but can also include other forms of pressure or coercion

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11
Q

Define the two types of intention needed to commit an offence?

A

Firstly, there must be an intention to commit the act.

Secondly, there must be an intention to get a specific result

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12
Q

What are some examples of circumstantial evidence from which offenders intent may be inferred?

A

The offenders actions and words before during and after the event.

The surrounding circumstances.

The nature of the act itself

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13
Q

Does sexual connection have to occur to prove intent in abduction cases?

A

No, it is not necessary to prove that it actually occurred or was even attempted. The taking away of the person by the offender is the main thing to prove any subsequent marriage or sexual intercourse without consent would be the subject of a separate investigation.

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14
Q

Regards to kidnapping or abduction when is the offense complete?

A

The offence is complete, and the offender becomes criminally liable as soon as he detains the victim with one of the specified intents

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15
Q

Can the offenders intent be formed later during the course of offending

A

Yes, the intent need not be specified at the time. The victim is detained, and it can be formed later during the course of offending.

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16
Q

What happened in R v Crossan

A

Defendant took a woman at gunpoint and drove her to another address.

He detained her with the intention to have sex.

He was charged with two offenses, but he did take her away and he detained her.

The first offense was complete when he took the woman away against her will.

The second offence was complete when he detained her against her will

17
Q

What happened in R vs Wellard?

A

Offender told a young couple that he was a police police officer looking for drugs.

He asked a young woman to accompany him what she did believing he was a police officer and that she had to follow his instructions.

The girl walked about 100 yards and got into the back of the offenders car before being rescued by a boyfriend

The essence of the offensive kidnapping is the deprivation of liberty coupled with the caring away away from the place with the victim wants to be

18
Q

What was the finding an R v Pryce?

A

That detaining is an active concept meaning to keep in confinement or custody.

This is to be contrasted to the passive concept of harboring or mere failure to handover

19
Q

What happened in R v Boyd?

A

The victim drove to a secluded lake to walk her dog and the offender approached her and robbed her wallet wallet with a knife.
The understood next to her car with a knife for 10 to 15 minutes before the victim could drive off.

The court found the offenders actions had detained. The woman has taken over control of the victim who was hindered retarded and restrained from proceeding for 10 to 15 minutes.

20
Q

What constitutes a person in regards to abduction and kidnapping?

A

The offenses gender neutral a victim as a person, and is generally accepted by the court or proved by circumstantial evidence

Age of the victim is not relevant to offences under section 208 and 209.

It is only relevant in relation relation to section 210 which relate to a young person, proof of age will need to be made by the police

21
Q

What was the finding an R v Cox?

A

That consent must be full, voluntary free and informed freely involuntary given by a person in a position to form a rational judgment

22
Q

What happened in R v cort?

A

A man stopped his car at a bus stop where women were waiting on their own.

He claimed that the buses had been broken down and offered them rides.

Two woman voluntary got into his car on the basis of the deceit. He was convicted of kidnapping.

The woman were unarmed and cort denied anything sinister even though having handcuffs, condoms string and knives in his car stating they were for innocent purposes.

23
Q

What are the elements of kidnapping?

A

Section 20 crimes act 1961

  1. Unlawfully
  2. Takes away or detains
  3. A person
  4. Without their consent or with consent obtained by fraud or duress
  5. With intent to
    -hold him or her for ransom or Service or
    -cause him or her to be confined or imprisoned
    -cause him or her to be sent or taken out of New Zealand
24
Q

What are the three intents required in relation to abduction?

A

A- with intent to go through a form of marriage or civil union with person or
B -with intent to have sexual connection with person or
C- with intent to cause person to go through a form of marriage or civil union, or to have sexual connection with some other person

25
Q

Can a person under 16 consent to be taken away or detained?

A

No, for the purposes of section 208 and 209 a person under the age of 16 cannot consent to being taken away or detained

26
Q

What was held in R v Mohi?

A

That is committed at the time of being taken away, so long as there is, at that moment, the necessary intent.

The crown does not need to show that the intent was carried out