Abduction / Kidnapping Liabilities, Case Law and definitions Flashcards
Section 208 Crimes Act 1961
Abduction
- Unlawfully
- Takes away OR detains
- A person
- Without their consent OR with consent obtained by fraud OR duress
- With intent to
a) Go through a form of marriage OR civil union
b) Have sexual connection with the person
c) Cause the person to go through a form of marriage OR civil union OR
have sexual connection with another person
Section 209 Crimes Act 1961
Kidnapping
- Unlawfully
- Takes away OR detains
- A person
- Without their consent OR with consent obtained by fraud OR durress
- With intent to
a) Hold him or her to ransom or to service OR
b) Cause him / her to be confined or imprisoned OR
c) Cause him / her to be sent / taken out of NZ
Section 210A Crimes Act 1961
A person who claims, in good faith, a right to possession of a young person under the age of 16 cannot be convicted of an offence against 209 OR 210 because he or she gets possession.
Section 210(1) Crimes Act 1961
Abduction
- With intent to deprive a parent OR guardian OR other person of 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
Section 210(2) Crimes Act 1961
Abduction of a young person under the age of 16
- Receives
- A young person
- Knowing that he or she has been taken or enticed away or detained with the intent to deprive a parent or guardian or other person having the lawful custody or charge of him or her or possession of him or her.
Section 210(3) Crimes Act 1961
For the purposes of subsection (1) and (2)
(a) It is immaterial whether the young person consents or is taken away or goes or is received at his or her own suggestion, and;
(b) It is immaterial whether the offender believes the young person to be of or over the age of 16
R V PRYCE
Application: Detains
Detaining is an active concept meaning to “keep in confinement or custody” This is to be contrasted to harbouring or mere failure to hand over.
R V WELLARD
Application: Kidnapping
The essence of the offence of kidnapping is the “deprivation of liberty coupled with a carrying away from where a person wants to be”
R V COX
Application: Possession
Possession involves two elements:
- The first, often called the physical element, is actual or potential physical custody or control.
- The second, the mental element, is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise control over it.
R V CHARTRAND
Application: Deprivation
Whether the defendant may have had innocent intentions or intended to interfere with possession for a short time is beside the point.
It is not necessary to prove the accused intended a permanent deprivation.
R V MOHI
Application: Taking away
The offence is committed at the time of taking away. So long as there is the necessary intent.
It has never been regarded as necessary that the crown should show the intent was carried out.
Abduction - act and section
Crimes Act 1961 - Section 208
Abduction - Ingredients
Crimes Act 1961 - Section 208(a)-(c)
- Unlawfully
- Takes away OR detains
- A person
- Without their consent OR with consent obtained by fraud OR duress
- With intent to
(a) Go through a form of marriage or civil union, or
(b) Have sexual connection with the person, or
(c) Cause the person to go through a form of marriage or civil union, or to have sexual connection, with some other person
Kidnapping - Act and section
Crimes Act 1961 - Section 209
Kidnapping - Ingredients
Crimes act 1961 - Section 209(a)-(c)
- Unlawfully
- Takes away OR detains
- A person
- Without consent OR with consent obtained by fraud or duress
- With intent to:
(a) hold him or her for ransom or to service, or
(b) Cause him or her to be confined or imprisoned, or
(c) Cause him or her to be sent or taken out of NZ
