Abduction/Kidnapping Flashcards
What are the identicle elements for abduction and kidnapping?
Unlawfully.
Takes away OR detains.
A person.
Without their consent OR with consent obtained by fraud or duress.
With intent to.
Abduction section number and intents
Section 208 CA61
a)go through a form of marriage or civil union.
b)have sexual connection with the person.
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 number and intents
Section 209 CA61
a)hold him or her for ransom OR to service.
b)cause him or her to be confined OR imprisoned.
c)cause him or her to be sent or taken out of NZ
Case law defining kidnapping
R v Wellard (Kidnapping makes him ‘well hard’)
Kidnapping is the deprivation of liberty coupled with carrying away from the place where the victim wants to be.
Case law for takes away
R v Crossan (Taking her away is really ‘crossan’ the line) Taking away is when the prisoner took the woman away against her will. After taking her he detained her which constitutes a new and different offence
Case law for detains
R v Pryce (detain me and youl pay the pryce) Detaining is to keep in confinement or custody.
Case law for consent
R v Cox (You have to give consent for the ‘cox’)Consent must be full,voluntary, free and informed. Freely and voluntarily given by a person in a position to form a rational judgement.
Case law for completion of offence
R v Mohi (Mohi changed his mind but hes still ‘nauti’) The offence is committed at the time of taking away in the presence of the necessary intent. The intent does not have to be carried out.
