Abduction / Kidnapping Flashcards
Abduction/Kidnapping
R v Chartrand
R v Chartrand
Unlawfully means “without lawful justification, authority or excuse”.
Abduction/Kidnapping
R v Wellard
R v Wellard
The essence of the offence of kidnapping is the “deprivation of liberty coupled with a carrying away from the place where the victim wants to be”.
Abduction/Kidnapping
R v Pryce
R v Pryce
Detaining is an active concept meaning to “keep in confinement or custody”. This is to be contrasted to the passive concept of “harbouring” or mere failure to hand over.
Abduction/Kidnapping
R v Crossan
R v Crossan
Taking away and detaining are “separate and distinct offences. The first consists of taking [the victim] away; the second of detaining her. The first offence was complete when the prisoner took the woman away against her will. Then, having taken her away, he detained her against her will, and his conduct in detaining her constituted a new and different offence.”
Abduction/Kidnapping
Discuss - Consent obtained by fraud
misrepresenting the facts or their intentions.
Abduction/Kidnapping
Discuss - Consent obtained by duress
actual or implied threat of force to the victim or another person, but can also include other forms of pressure or coercion.
Abduction/Kidnapping
Defence 209A CA61 - Consent and under 16 y.o
Consent is not a defence to charges under s208–210 when the person taken is under the age of 16 years: s209A Crimes Act 1961.
For the purposes of s208 and 209, a person under the age of 16 years cannot consent to being taken away or detained.
Abduction/Kidnapping
Discuss - Ransom
A “ransom” is a sum of money demanded or paid for the release of a person being held captive.
Abduction/Kidnapping
Discuss - Service
keep the victim as a servant or slave.
Abduction/Kidnapping
Discuss - Imprisoned
To “imprison” a person means to put them in prison, or to confine them as if in prison.
Abduction/Kidnapping
Sent or taken out of NZ
Under this provision the offender’s intent is for the victim to leave New Zealand.
The term “sent” may include situations where the victim leaves the country on their own, perhaps as the result of a threat or other form of duress.
The word “taken” suggests that the victim is in the company or custody of a person accompanying them out of New Zealand.
Abduction/Kidnapping
Define - Marry
In this context the term “to marry” means to engage in a marriage solemnised in accordance with the provisions of the Marriage Act 1955.
Abduction/Kidnapping
When the offence is complete (R v Mohi)
R v Mohi
The offence is complete once there has been a period of detention or a taking accompanied by the necessary intent, regardless of whether that intent was carried out.
So, the offence is complete, in the sense that the offender becomes criminally liable, as soon as he detains the victim with one of the specified intents.
Abduction/Kidnapping
Abduction of young person under 16
s210 CA61
Abduction of young person under 16
(1) Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to deprive a parent or guardian or other person having the lawful care or charge of a young person of the possession of the young person, unlawfully takes or entices away or detains the young person.
(2) Every one is liable to imprisonment for a term not exceeding 7 years who receives a young person, knowing that he or she has been unlawfully taken 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.
Abduction/Kidnapping
210A CA61 - People claiming in good faith
s210A CA61
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 of an offence against section 209 or section 210 because he or she gets possession of the young person.
