Abduction Of Young Person Under 16

Question 1

Name Act Section punishment for Abduction of Young Person under 16

Answer 1

CA 1961 Section 210 (1) and (2) 7 years

Question 2

Ingredients for Section 210(1)

Answer 2

With intent to deprive a parent OR guardian OR other person having the lawful care OR charge of young person OR the possession of a young person
Unlawfully
Takes of entices or detains
The young person

Question 3

Ingredients Section 210(2)

Answer 3

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 the lawful care OR charge of him or her OR the possession of him or her

Question 4

In this section young person means?

Answer 4

Under the age of 16 years

Question 5

When considering charges under section 210 in relation to custody disputes also consider the provisions of the Care of Children Act 2004. What section are relevant

Answer 5

S78 - Contravening parenting order
S80 - Taking child from NZ

Question 6

For a conviction under section 210(1) the Crown must prove?

Answer 6

The defendant took, enticed or detained a persin under the age of 16 years
The taking, enticement of detention was intentional
The taking, enticement or detention was from a person who has lawful care, or charge of the young person
The defendant knew the other person has lawful care, or charge of the young person
The taking, enticement or detention was unlawful and
It was done with intent to deprive a parent, guardian or other person having lawful care of charge of the young person of possession of that young person

Question 7

For a conviction under section 210(2) the crown must prove

Answer 7

The defendant received a person under the age of 16 years
The receiving was intentional
The defendant knew the young person has been unlawfully taken or enticed away or detained by another from a parent, guardian or other person having lawful care or charge of the young person of the possession of that young person and
The defendant intended by reason of the receiving to deprive a parent, guardian or other person having the awful care or charge of the young person of the possession of that young person

Question 8

In relation to intent what must there be?

Answer 8

Intention to take, entice or detain the YP and specific intent to deprive the parent possession of the child

Question 9

R v Forest and Forest

Answer 9

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age

Question 10

In relation to Possession there are two elements, what are they and explain.

Answer 10

Physical and mental element.

Physical is actual or potential custody or control

Mental is a combination of both knowledge that the person possess the item in question and an intention to possess it

Question 11

Unlawfully means?

Answer 11

Without lawful authority.

Question 12

Entice means?

Answer 12

Tempt, persuade or attract by arousing hope or desire

Question 13

Sub section 3 (a) provides what?

Answer 13

That it is immaterial that the child consents.

Question 14

To be liable for an offence under section 210(2) receiving the offender must know…

Answer 14

That the young person they are receiving has been abducted.

Question 15

Is consent from a young person a defence ?

Answer 15

NO. Consent is not a defence to charges under S208-210 when the person taken is under the age of 16 (s209A)

Question 16

Section 210(3)(b) relates to?

Answer 16

Belief that person is over 16 is no defence

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

Question 17

Section 127 CA 1961?

Answer 17

There is no presumption of law that a person is incapable of sexual connection because of his or her age