Abduction / Kidnapping Flashcards
Abduction
Crimes Act 1961, Section 208
- Unlawfully
- Takes away or detains
- A person
- without his/her consent or consent obtained by fraud or duress
- With intent to
a) Marry him/her
b) have sexual connection with him/her
c) cause him/her to have sexual connection with or marry some other person
Crimes Act 1961, Section 208
Abduction
14 years
R v Crossan
Taking away and detaining are separate offences.
R v Wellard
Deprivation of liberty coupled with a carrying away from the place where the victim wants to be
R v Pryce
Detaining is an active concept to keep confined or in custody
R v Cox
Consent.
Full, voluntary, free and informed given by person in a position to form a rational judgement
Fraud
R v Wellard
stated he was a police officer
Critical question in relation to Duress?
Are the threats such that they destroy the reality of consent and overbear the will of the individual
R v Mohi
The offence is committed at the time of taking away as long as at that moment there is the necessary intent
Kidnap
Section 209
- Unlawfully
- Takes away or Detains
- Any person
- Without his/her consent or with consent obtained by fraud or duress
- With intent to
a) Hold him/her for ransom or to service
b) cause him/her to be confined or imprisoned
c) cause him/her to be sent or taken out of NZ
Crimes Act 1961, Section 209
Kidnap
14 Years
Abduction of young person under 16 Section 210 (7 years)
- 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.
Possession
R v Cox - both a physical and mental element must be proved to satisfy possession
Crimes Act 1961, Section 210A
Good faith defence
R v Chartrand
It is not necessary to prove the accused intended a permanent deprivation.
