*Abduction - s208(a)(b)&(c)

Question 1

Section & Penalty
- Abuduction for purposes of marriage or sexual connection

Answer 1

• 208(a) or (b) or (c) Crimes Act 1961
• 14yrs

Question 2

Elements
- Abduction for purposes of marriage or sexual connection

Answer 2

• Unlawfully
• Takes away or detains
• A person
• Without the person’s consent
  OR
  With the person’s consent obtained by fraud or duress
• With intent to
  a) go through a form of marriage or civil union with the person
  b) have sexual connection with the person
  c) cause the person to go through a form of marriage or civil union, or to have sexual connection, with some other person

Question 3

Unlawfully

Answer 3

Without lawful justification, authority or excuse.

Question 4

Taking away
- WELLARD

Answer 4

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

Question 5

*Taking away vs detaining
- 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

Detains
- PRYCE

Answer 6

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 7

A person

Answer 7

Gender neutral. Proven by JN or CE.

Question 8

Consent

Answer 8

Consent is a persons conscious and voluntary agreement to something desired or proposed by another.

Question 9

*COX
- Consent

Answer 9

Consent must be full, voluntary, free and informed. Freely and voluntarily given by a person in a position to form a rational judgement.

Question 10

Consent obtained by fraud

Answer 10

Consent obtained by the misrepresentation of the facts or the offenders intentions.

Question 11

Consent obtained by duress

Answer 11

Consent obtained by the actual or implied threat of force to the victim or another person.

Question 12

*YP <16 can’t consent to being taken away or detained
- s209A

Answer 12

For the purposes of s208 & 209,
a person under 16yrs can’t consent to being taken away or detained.

Question 13

Intent

Answer 13

There are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

Question 14

MOHI
- Offence complete

Answer 14

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 15

WAAKA
- Intent

Answer 15

• Intent may be formed at any time during the taking away.
• If a taking away commences without the intent to have intercourse, but that intent is formed during the taking away, then it’s sufficient for the purposes of the section.

Question 16

(a) Cause him or her to marry another person

Answer 16

Relates to situations where the abductor takes away or detains the victim to enable another person to marry them.

Question 17

(b) Sexual Connection
- s2 CA61

Answer 17

Introduction into the genitalia or anus by part of another’s body, object or mouth. Excludes legit medical exams etc..

Question 18

(c) Cause him or her to have sexual connection with another person

Answer 18

Under this provision the offender’s intent is to enable another person to have sexual connection with the victim.