Abduction of a Young Person under 16

Question 1

Abduction of young person under 16 (1)

Section, Penalty, Elements

Answer 1

Section 210(1) CA61 - 7 years imp

With intent to deprive a parent or guardian or other person who has the lawful care or charge of a young person of the possession of a young person

Unlawfully

Takes or entices away or detains the young person

Question 2

Abduction of young person under 16 (2)

Section, Penalty, Elements

Answer 2

Section 210(2) CA61 - 7 years imp

With intent to deprive a parent or guardian or other person having the lawful care or charge of him or her or possession of him or her

Receives a young person, knowing they have been unlawfully taken or enticed away or detained

Question 3

R v Mohi

Answer 3

The offence is complete once there has been a period of detention or a taking accompanied by the necessary intent, regardless of whether that intent was carried out.

Question 4

R v Forrest and Forrest

Answer 4

The best evidence possible in the circumstances is produced by the prosecution in proof of the victim’s age.

Question 5

R v Crossan

Answer 5

Taking away and detaining are “separate and distinct offences. The first consists of taking the victim away. The second of detaining them.

Question 6

R v Wellard

Answer 6

The essence of the offence of kidnapping is the deprivation of liberty coupled with carrying away from the place where the victim wants to be.

Question 7

R v Pryce

Answer 7

Detaining is an 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.

Question 8

Knowing

Simester and Brookbanks

Answer 8

Knowing means knowing or correctly believing, the defendant may believe something wrongly but cannot know something that is false.

Question 9

Consent not a defence

Answer 9

S210(3)(a) CA61

For the purposes of subsection (1) and (2) it is immaterial whether the young person consents, or is taken or goes or is received at his or her own suggestion.

Question 10

Belief that person over 16 no defence

Answer 10

S210(3)(b) CA61

It is immaterial whether the offender believes the young person to be of or over the age of 16

Question 11

Good Faith Defence

Answer 11

Section 210A CA61
A person who claims in good faith a right to the possession of a young person under the age of 16 cannot be convicted of an offence against S209 or 210 because he or she gets possession of the young person. Does not apply to S208

Question 12

Intent

Answer 12

(1) intent to take, entice or detain a young person and intent to deprive the parent.
(2) above and receive young person with intent to deprive the person who has lawful care as long as they knew of the initial taking intent.

Question 13

Lawful care or charge

Answer 13

Against custodial rights of the parent or guardian

includes Oranga Tamariki

Question 14

Posession

Answer 14

Physical - physical custody or control and can be actual or potential
Mental - combination of both knowledge that the person possesses the item in question and intention to possess the time.

Question 15

Takes entices etc

Answer 15

to tempt, persuade or attract by arousing hope or desire.

Tempting children away by offering sweets or where a persuading a child to come with them contrary to the court order by promising to take the child to the playground

Question 16

Receives

Answer 16

eg a father takes his child from its mother contrary to court order and hides the child at the grandparents

if the grandparents knew the child had been taking unlawfully they could be liable

Question 17

No Defence

Answer 17

Consent of young person is no defence
Belief that person is over 16 is no defence
No presumption of law because of age.