*Abduction of Young Person Under 16 - s210(1) & (2)

Question 1

Abduction of Young Person Under 16
- s210(1) Crimes Act 1961
- 7yrs

Answer 1

• With intent to deprive a parent or guardian or o/p
• Having the lawful care or charge of a YP of the possession of the YP
• Unlawfully
• Takes or entices away or detains the YP

Question 2

Abduction of Young Person Under 16
- s210(2) Crimes Act 1961
- 7yrs

Answer 2

• Receives
• A YP
• Knowing that he or she has been unlawfully taken or enticed away or detained
• With intent to deprive a parent or guardian or o/p having the lawful care or charge of him or her of possession of him or her

Question 3

Intent
- s210(1) & s210(2)

Answer 3

• There must be an intention to TED a YP
• and also a specific intention to deprive the parent of the possession of the child.

Question 4

Person having lawful care or charge

Answer 4

It’s not an offence against the child, but rather against the custodial rights of the parent or guardian.

Includes Oranga Tamariki

Question 5

Young person
- s210(4)

Answer 5

Means a person under the age of 16yrs.

Question 6

FORREST & FORREST
- Proof of age

Answer 6

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

Question 7

Possession
- COX

Answer 7

Possession involves 2 elements:

• The first, the physical element, is actual or potential physical custody or control
• The second, the mental element is a combination of knowledge & intention

Knowledge in the sense of an awareness by the accussed that the substance is in his possession & an intention to exercise possession.

Question 8

Unlawfully

Answer 8

Without lawful justification, authority or excuse.

Question 9

Takes or entices

Answer 9

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

• Includes a stranger tempting a child away by offering sweets; or a parent persuading their child to come with them contrary a court order by promising to take them to a playground.

Question 10

*Can a young person consent to being taken away?
- s210(3)

Answer 10

For the purposes of ss(1) & (2) -

(a) It is immaterial whether the YP consents, or is taken or goes or is received at his own suggestion.

(b) It is immaterial whether the offender believes the YP is 16 or over.

Question 11

Statutory defence of good faith
- s210A

Answer 11

A person who claims in good faith,

A right to the possession of a YP <16,

Can’t be convicted of an offence against s209 or 210

Because he or she gets possession of the YP.

Question 12

Receives

Answer 12

• What amounts to receiving a YP, will in each case be a question of fact and degree.
• It will include receiving the YP.

Question 13

Knowing
- Simester & Brookbanks

Answer 13

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

Question 14

*For a conviction under s210(1), abduction of a YP, the Crown must prove what?

Answer 14

• The defendant TED a person under 16
• The TED was intentional
• The TED was from a person who had lawful care or charge of the YP
• The defendant knew the other person had lawful care or charge of the YP
• The TED was unlawful
• It was done with intent to deprive a parent, guardian or o/p having the lawful care of a YP of the possession of the YP