ABDUCTION/ KIDNAPPING - Ingredients => Definitions Flashcards
Unlawfully
R V CHARTRAND
Unlawfully means “without lawful justification, authority or excuse”.
RTS
Must include:
- What shows the unlawfulness
Takes away
OR
Detains
Takes away
R v WELLARD
Kidnapping is the “deprivation of liberty coupled with a carrying away from the place where the victim wants to be.”
OR
Detains
R v PRYCE
Active concept meaning to “keep in confinement or custody.” This is to be contrasted to the passive concept of “harbouring” or mere failure to hand over.
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.
RTS
Must include:
- The fact that someone has been taken away or detained and how what happened to them fits the definition
A person
Person
Gender neutral, proven by judicial notice or circumstantial evidence.
RTS
Must show:
- Who the person taken or detained is.
Without his or her consent
OR
With his or her consent obtained by fraud
OR
With his or her consent obtained by duress
Consent
A person’s conscious and voluntary agreement to do something desired or proposed by another.
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.
OR
To obtain consent by Fraud
Consent obtained by misrepresentation of the facts or the offenders intentions.
OR
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 or coercion.
Consent - Section 209A Crimes Act 1961
A person under 16 years cannot give consent to being taken away or detained.
RTS
Must Include:
- how the lack of consent or fraud or duress is shown
With intent to (a) Marry him/her
OR
(b) Have sexual connection with him/her
OR
(c) Cause him/her to be married or have sexual connection with some other person
Intent
A person does something intentionally if
- They mean to do it **and **
- They desire a specific result and
- They act with the aim or purpose of achieving it.
R v MOHAN
Intent involves a decision to bring about in so far as it lies within the accused’s power, the commission of the offence.
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 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.
Marry
Engage in a marriage solemnised in accordance with the provisions of the Marriage Act 1955.
OR
Sexual Connection Section 2, Crimes Act 1961
a) 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)
b) Connection between the mouth or tongue of one person and part of another person’s genitalia or anus.
(or)
c) The continuation of connection of a kind described in paragraph (a) or paragraph (b).
OR
Cause to marry or have sexual connection with some other person:
This relates to situations where the abductor takes away or detains a 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,
RTS
Must include:
- How the actions showed the intent to do either a), b) or c) and how what was intended meets the definition
With intent to (a) Hold him/her for ransom or service
- *OR**
(b) Cause him/her to be confined or imprisoned - *OR**
(c) Cause him/her to be sent or taken out of New Zealand
Intent
A person does something intentionally if they mean to do it, they desire a specific result and act with the aim or purpose of achieving it.
R v MOHAN
Intent involves a decision to bring about in so far as it lies within the accuseds power, the commission of the offence.
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 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.
a) Ransom
A sum of money demanded or paid for the release of a person being held captive.
or
Service
Hold as a servant or slave
OR
b) Confined
Restricting their movements to within a geographical area,
or
Imprisoned
To be held as if in prison
OR
Sent out of New Zealand
Sent - normal meaning, to be sent outside NZ shores
OR
Taken out of New Zealand
“Taken” suggests victim in company or custody of a person accompanying them out of New Zealand.
RTS
Must include:
- How the actions showed the intent to do either a), b) or c) and how what was intended meets the definition
