ABDUCTION & KIDNAPPING - Legislation Flashcards
ABDUCTION
ABDUCTION - Section 208 (a) or (b) or (c) C.A.61 - PENALTY 14 years
- Unlawfully
R V CHARTRAND
- Takes away OR Detains
R V CROSSAN
R v WELLARD
R v PRYCE
- A person
- Without his or her consent OR With his or her consent obtained by fraud OR With his or her consent obtained by duress
R v COX
- With intent to:
R v MOHAN
R v WAAKA
R v MOHI
- (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
KIDNAPPING
KIDNAPPING
Section 209 (a) or (b) or (c) C.A.61 - PENALTY 14 years
- Unlawfully
R V CHARTRAND
- Takes away OR Detains
R V CROSSAN
R v WELLARD
R v PRYCE
- A person
- Without his or her consent OR With his or her consent obtained by fraud OR With his or her consent obtained by duress
R v COX
- With intent to:
R v MOHAN
R v WAAKA
R v MOHI
- (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
ABDUCTION OF YOUNG PERSON UNDER 16 YEARS (1)
ABDUCTION OF YOUNG PERSON UNDER 16 - 210(1) Crimes Act 1961
Everyone is liable to a term of imprisonment not exceeding 7 years who:
- With intent:
- To deprive a parent or guardian or other person having 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
ABDUCTION OF YOUNG PERSON UNDER 16 YEARS (2)
ABDUCTION OF YOUNG PERSON UNDER 16 - 210(2) Crimes Act 1961
Everyone is liable to a term of imprisonment not exceeding 7 years who:
- Receives a young person
- Knowing that he or she has been unlawfully taken OR enticed away OR detained
- With intent to
- Deprive a parent or guardian or other person having lawful care or charge of a young person
Statutory defence of good faith
Statutory defence of good faith - 210A Crimes Act 1961
A person who claims in good faith a right to the possession of a young person under the age of 16 years cannot be convicted of an offence against s209 or s210 because he or she gets possession of the young person.
