Abduction/Kidnapping

Question 1

Define unlawfully?

Answer 1

Without lawful justification or excuse

Question 2

What is R v Crossan?

Answer 2

Taking away and detaining are treated as two separate offences

Question 3

Define taking away

R v Wellard

Answer 3

Physically remove from one place to another

Kidnapping is the deprivation of liberty coupled with a carrying away from the place where the victim wants to be

Question 4

Define detaining

R v Pryce

Answer 4

Detaining is to keep in confinement or custody

Question 5

Kidnapping

Answer 5

CA1961 S209

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 hold him or her for ransom OR service
OR
With intent to cause him or her to be confined OR imprisoned OR sent or taken out of New Zealand

Question 6

Define consent

R v Cox

Answer 6

Consent is a persons conscious and voluntary agreement to something desired or proposed by another

Consent must be freely and voluntarily given by a person in a position to form a rational judgment

Question 7

Define sexual connection

Answer 7

Introducing a part of the body or an object into the genitalia or anus

Connection between the mouth and tongue to genitalia or anus

Or a continuation of the above

Question 8

Define fraud?

Answer 8

Deception of the victim by them agreeing to a proposition by misrepresenting the facts or the intentions

Question 9

Define duress?

Answer 9

Consent after demands based on fear of the consequences if they otherwise refuse

Question 10

What is R v Mohi in relation to intent?

Answer 10

The offence is committed at the time of the taking away, so long as there is, at that moment, the necessary intent

Question 11

What are the three intents of kidnapping?

Answer 11

• Intent to hold him/her for ransom or service
• Intent to cause him/her to be confined/imprisoned
• Intent to cause him/her to be sent/taken from New Zealand

Question 12

What is R v Chartrand in relation to abduction of a young person?

Answer 12

Whether the defendant had a innocent motive or intended to interfere with possession for a short period is beside the point

It is not necessary to intend a permanent deprivation

Question 13

What is S209A?

Answer 13

A person under the age of 16 cannot consent to being taken away or detained