Abduction of Young Person Under 16

Question 1

What is the section and penalty for Abduction of Young Person Under 16?

Answer 1

Section 210(1) Crimes Act 1961
7 years 

Section 210(2) Crimes Act 1961 
7 years

Question 2

What are the elements for Section 210(1)?

Answer 2

• With Intent to
• Deprive a parent or guardian or other person having
  the lawful care or charge of a young person
• Of the the possession of the Young Person,
• Unlawfully takes or entices away or detains the young
  person

Question 3

What are the elements for 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 of guardian or other
  person having lawful care or charge of him or her of
  the possession of him or her.

Question 4

Explain Caselaw

R v Forrest and Forrest

Answer 4

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the Victim’s age.

Question 5

What is a Young Person?

Answer 5

Section 210(4) a person under 16 years of child.

Question 6

What must be proved under section 210(1)?

Answer 6

1. Defendant took, enticed away, or detained a person
   under 16 years
2. The taking, enticement or detaining was deliberate
3. The taking was away from a person who had lawful,
   parent, guardian or other person who has care or
   charge of the young person.
4. The defendant knew the other person had lawful
   custody.
5. The taking, enticement, or detaining was unlawful and
6. It was done with the intent to deprive the parent,
   guardian or other person from the possession of the
   young person.

Question 7

What must be proved under section 210(2)?

Answer 7

1. The defendant received a person under 16 years
2. The receiving was deliberate or intentional.
3. The defendant knew the young person was taken
   unlawfully, enticed away or detained from another
   person who has lawful care or charge of the
   possession of that young person and
4. the defendant by reason to receive that young person
   was to deprive a parent or guardian or other person
   having lawful care or charge of that young person.

Question 8

What is entice?

Answer 8

To tempt or persuade to attract by arousing hope of desire.

Question 9

What is possession?

Answer 9

R v Cox

There is are elements. Physical and Mental elements to possession. The physical is Actual or Potential. Actual is physical custody or control.
Potential arises where a person has potential physical control. eg stored at an associate’s house.

Mental is the second element which a combination of both knowledge and an intention to exercise possession of it.

Question 10

Unlawfully

Answer 10

No lawful authority, justification or excuse.

Question 11

Immaterial that a child consents

Answer 11

A person under 16 years cannot give consent to be taken, enticed or detained. Subsection 210(3)(a)

Question 12

Is consent from a young person a defence?

Answer 12

No, under section 210(3)(a) it is immaterial whether a young person consents, or is taken or goes or is received at his own suggestion.

Question 13

Is a belief that a young person over 16 years a defence?

Answer 13

No, section 210 (3)(b) it is immaterial whether the offender believes that the young person is over 16 years.

Question 14

Is there a presumption of law because of the age of the young person?

Answer 14

No, Section 127 of the Crimes Act 1961 is that there is no presumption of law that a person is incapable of sexual connection because of his or her age.

Question 15

Defence of good faith, what is it?

Answer 15

Section 210A outlines that a person cannot be convicted under section 209 and 210 because claim in good faith that they have right to the possession of the young person.