Abduction of a young person under 16 - Receives a young person

Question 1

Abduction of a young person under 16 - receives a young person

Answer 1

Crimes Act 1961, Section 210(2)
Penalty: 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 of the young person or other person having the lawful care or charge of him or her of the possession of him or her

Question 2

Receives

Answer 2

receiving a young person, knowing the young person has been unlawfully taken with the necessary intent

Question 3

knowing that he or she has been unlawfully taken or enticed away or detained with intent to deprive a parent or guardian of the young person or other person having the lawful care or charge of him or her of the possession of him or her

Answer 3

knowing means, knowing or correctly believing, the defendant may believe something wrongly but cannot know something to be false

To be liable under 210(2) the offender must know that the young person they are receiving has been abducted

Question 4

Consent of a young person

Answer 4

Consent of a young person is not a defense to charges 208-210 when the person taken is under the age of 16 years.

Section 210(3), Crimes Act 1961
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 5

Belief that a person was over 16 is no defence

Answer 5

Section 210(3)(b) Crimes Act 1961
For the purposes of subsection (1) and (2) it is immaterial whether the offender believes the young person to be of or over the age of 16