ABDUCTION & KIDNAPPING - Definitions

Question 1

Person

Answer 1

Person

Gender neutral, proven by judicial notice or circumstantial evidence.

Question 2

Consent

Answer 2

Consent

A person’s conscious and voluntary agreement to do something desired or proposed by another.

Question 3

Consent - Defence s209A Crimes Act 1961

Answer 3

Consent - Section 209A Crimes Act 1961

A person under 16 years cannot give consent to being taken away or detained.

Defence - S209A, Crimes Act 1961

Consent is not a defence to charges under s208 - s210 when the person taken is under 16 years (s209A CA 61)

For the purpose of s208 & s209, a person under the age of 16 years cannot consent to being taken away or detained.

Question 4

Consent Obtained by Fraud (Deception)

Answer 4

With Consent Obtained by Fraud (Deception)

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

Question 5

Consent Obtained by Duress

Answer 5

With Consent Obtained by Duress

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

Question 6

Intent

Answer 6

Intent

A person does something intentionally if the mean to do it. They desire a specific result and act with the aim or purpose of achieving it. (MOHAN, WAKKA & MOHI).

Question 7

Ransom

Answer 7

Ransom

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

Question 8

Service

Answer 8

Service

Holds the victim as a servant or slave.

Question 9

Confined or Imprisoned

Answer 9

Confined

Restrictions their movements to within a geographical area.

Imprisoned

To be held as if in prison.

Question 10

Sent or Taken Out of New Zealand

Answer 10

Sent out of NZ

Sent - Normal meaning, to be sent out of NZ

Taken out of NZ

“Taken” suggests the victim is in the company or custody of a person accompanying them out of NZ

Question 11

Marry

Answer 11

Marry

Engage in a marriage solemnised in accordance with the provisions of the Marriage Act 1955.

Question 12

When the Offence is Complete + Case Law

Answer 12

When the Offence is Complete (R v Mohi)

In abduction, marriage and sexual connection appear only a matter of intent, it is not necessary to prove that they actually occurred or were even attempted.

R v MOHI

Offence is committed at the time of the taking away, so long as there is at the moment the necessary intent. Crown does not need to show that the intent was carried out.

Question 13

Sexual Connection - S2, Crimes Act 1961

Answer 13

Sexual Connection - S2, Crimes Act 1961

Connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purpose of:

A part of the body of another person (or)
An object held or manipulated by another person OR

Connection between the mouth or tongue of one person and part of another person’s genitalia or anus OR
The continuation of connection of a kind described in paragraph (a) or paragraph (b).