Abduction/Kidnapping Flashcards
Abduction Section Act Penalty Ingredients
Section: 208(a), (b) or (c)
Act: Crimes Act 1961
Penalty: 14 years
Ingredients
- Unlawfully
* ****** - Takes away OR Detains
* ******* - A person
* ****** - Without his or her consent OR With his or her consent obtained by fraud OR duress
* ******* - 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
Ingredients - definitions and caselaw
Unlawfully
- R V Chartrand
Ingredients - definitions and caselaw
Takes away or detains
- R V Crossan
2. R V Wellard OR R V Pryce
Ingredients - definitions and caselaw
A Person
- Person
Ingredients - definitions and caselaw
Without his or her consent OR With his or her consent obtained by fraud OR duress
- Consent
- R V Cox
- To obtain consent by fraud***
- To obtain consent by duress***
- Section 209A***
Ingredients - definitions and caselaw
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
- Intent
- R V Mohan
- R V Waaka
- R V Mohi
- (a) Marry OR
(b) sexual connection OR
(c) Cause to be married or have sexul connection with some other person
R V Chartrand
Without lawful justification, authority or excuse
R V Crossan
Taking away and detaining are separate and distinct offences. The first consists of taking the victim away the second of detaining them.
R V Wellard
Takes Away
The essence of the offence of kidnapping is the deprivation of liberty coupled with a carrying away from a place where the victim wants to be
R V Pryce
Detains
Detaining is an active concept meaning to keep in confindment or custody. This is to be contrasted to the passive concept of harbouring or mere failure to hand over
A person
Gender neutral proven by judicial notice or circumstantially
Consent
Consent is a persons conscious and voluntary agreement to something desired or proposed by another
Intent
Mean to do it, they desire a specific result and act with the aim or purpose of achieving it
Sexual connection
(a) Connection effected by the introduction into the vagina or anus of one person, otherwise than for genuine medical reasons of
(i) a part of the body of another person or
(ii) an object held or manipulated by another person or
(b) Connection between the mouth or tongue of one one person and a part of another persons genitalia or anus or
(c) continuation of connection of a kind described in paragraph (a) or paragraph (b)
Section 2, Crimes Act 1961
To obtain consent by fraud
Consent obtained by the misrepresentation of the facts or the offenders intentions
To obtain consent by duress
Consent obtained by actual or implied threat of force to the victim or another person. Can include other forms of pressure and coercion
Section 209A, Crimes Act 1961
A child under the age of 16 years cannot consent to being taken away or detained
R V Waaka
A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act
R V Mohan
A decision to bring about, in so far as it lies within the accused power, the commission of the offence
R V Cox
Consent must be “full, voluntary, free and informed…… freely and voluntarily given by a person in a position to form a rational judgement”
R V Mohi
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
Marry
In this context means to engage in a marriage solemnized in accordance with the provisions of the Marriage Act 1955
Cause to be married or have sexual connection with some other person
This relates to situations where the abductor takes away or detains the victim to enable another person to marry them
OR
Under this provision the offender’s intent is to enable another person to have sexual connection with the victim
Kidnapping Section Act Penalty Ingredients
Section: 209(a), (b) or (c)
Act: Crimes Act 1961
Penalty: 14 years
Ingredients
- Unlawfully
* ****** - Takes away OR Detains
* ******* - A person
* ****** - Without his or her consent OR With his or her consent obtained by fraud OR duress
* ******* - With intent to
(a) To hold him or her for ransom or to service OR
(b) To cause him or her to be imprisoned or confined OR
(c) To cause him or her to be sent or taken out of New Zealand
Ingredients - definitions and caselaw
With intent to
(a) To hold him or her for ransom or to service OR
(b) To cause him or her to be imprisoned or confined OR
(c) To cause him or her to be sent or taken out of New Zealand
(a) Ransom or Service OR (b) Confined or Imprisoned OR (c) Sent out of New Zealand or Taken out of New Zealand
Ransom or Service
Ransom A sum of money demanded or paid for the release of a person being held capture or Service Hold as a servant or slave
Confined or Imprisoned
Confined Restricting their movements to within a geographical area or Imprisoned To be held as if in prison
Sent out of New Zealand or Taken out of New Zealand
Sent out of New Zealand
Sent- normal meaning, to be sent outside New Zealand shores
OR
Taken out of New Zealand
Taken suggests victim in company or custody of a person accompanying them out of New Zealand
