Abduction/Kidnapping

Question 1

Criminal liability section 208 a or b or c
Abduction
14 years

Answer 1

1. Unlawfully
2. Takes away or detains
3. A person
4. Without his or her consent or with his or her consent obtained by fraud or duress
5. With intent to
   A. marry him or her
   B. Have sexual connection with him or her
   C. Cause him or her to be married to or to have sexual connection with some other person

Question 2

Criminal liability section 209 a B or C kidnapping

14 years

Answer 2

1. Unlawfully
2. Takes away or detains
3. A person
4. Without consent or with consent obtained by fraud or duress
5. With intent to
   A. To hold him or her for ransom or two service
   B. To cause him or her to be imprisoned or confined
   C. To cause him or her to be sent or taken out of New Zealand

Question 3

Unlawfully

R v Chartland

Answer 3

Without lawful justification, authority or excuse

Question 4

Takes away

R v Wellard

Answer 4

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.

Question 5

Detains

R v Pryce

Answer 5

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 handover.

Question 6

With intent in abduction cases

R v Mohi

Answer 6

The offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent. It has never been regarded as necessary that the crown should show the intent was carried out.

Question 7

What is a person?

Answer 7

Gender neutral. Proven by judicial notice or circumstantial evidence.

Question 8

Without consent

Answer 8

Consent is a person,s conscious and voluntary agreement to something desired or proposed by another.
A child under the age of 16 cannot consent to being taken away or detained. Section 209 ca 1961

Question 9

To obtain consent by fraud.

Answer 9

Consent of obtained by the misrepresentation of the facts or the offenders intentions

Question 10

To obtain consent by duress.

Answer 10

Consent of obtained by actual or implied threat of force to the victim or another person. Can include other forms of pressure or coercion.

Question 11

Statutory defence under section 209a of the crimes act

Answer 11

People claiming in good face right to possession of young person under 16.
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.

Question 12

What is intent?

Answer 12

Mean to do it, they desire a specific result and act with the aim or purpose of achieving it.

Question 13

What is ransom?

Answer 13

A sum of money demanded or paid for the release of a person being held captive.

Question 14

What is service?

Answer 14

To hold as a servant or slave.

Question 15

Definition of imprisoned

Answer 15

To be held as if in prison.

Question 16

Meaning of sent or taken out of New Zealand.

Answer 16

Send normal meaning, to be sent outside New Zealand shores or taken suggests victim incompany or custody of a person accompanying them out of New Zealand.

Question 17

Definition of Marry.

Answer 17

In this context the term “to marry”means to engage in a marriage solemnised in accordance with the provisions of the marriage act 1955.

Question 18

When the offence is complete

R v Mohi

Answer 18

The offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent. It has never been regarded as necessary, that the crown should show the intent was carried out.

Question 19

Define sexual connection

Section 2 of the crimes act 1961

Answer 19

Sexual connection means
A. Connection effected by the introduction into the genitalia or anus of one person, otherwise then for genuine medical purposes off
1. A part of the body of another person or
2. And object held for manipulated by another person or

B. Connection between the mouth your tongue of one person and a part of another persons genitalia or anus or

C. The continuation of connection of a kind described in paragraph a paragraph b.