Abduction s.208 and Kidnapping s.209 Flashcards
Ingredient: 209 (a)(b)(c)
209 Kidnapping 14 years
Unlawfully
Takes or Detains
A Person
W/o consent OR with Consent obtained by Fraud or Duress
With intent to
(a) hold for Ransom OR Service
(b) keep imprisoned or confined OR
(c) send him or her out of NZ or take him or her out of NZIngredient: W/o their consent or consent obtained by fraud or duress
Consent:
consent is a conscious and deliberate agreement to something proposed or desired by another.
R v COX
s.209A CA61
A child under the age of 16 cannot consent to be taken away or detained.
….
To Obtain Consent by Fraud:
Consent obtained by a miss-representation of the facts or the offenders intentions.
To Obtain Consent by Duress:
Consent obtained by actual or implied threat of force to the victim or another person, can include other forms of pressure or co-ercion.
Ingredient: with intent
to marry, OR have sexual connection OR cause them to marry or have sexual connection with another person
Intent:
In a criminal law context ….
R v MOHI
the offence is committed at the time of taking away so long as there is at that moment the necessary intent, it has never been regarded as necessary that the crown should show the intent was carried out.
Statutory defense to s.210(1) and (2)
claim of right in good faith to possession of the young person.
Ingredient: sent out of NZ OR Taken out of NZ
Sent out of NZ
sent - normal meaning to be sent out of NZ
Taken out of NZ:
taken suggests the person is in custody of company of another person accompanying them out of NZ
Ingredients: 208 (a)(b)(c)
s.208 Abduction 14 Years
Unlawfully
Takes or Detains
A Person
W/o consent or with consent obtained by fraud or duress
With intent to:
(a) Marry him or her
(b) Have S.C. with him or her
(c) Cause him or her to be married or have sexual connection with another personIngredient: Unlawfully
W/o lawful justification Authority or excuse
Ingredient: Cause him/her to marry or have sexual connection with another person
This relates to situations where the abductor takes away or detains a victim to enable another person to marry them
OR
Under this provision the offenders intent is to enable another person to have sexual connection with the victim.
S.210(2)
1) receives a Young person
2) 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 lawful care or charge of a young person or possession of the young person
Ingredient: Imprisoned or Confined
Imprisoned:
To hold as if in prison
Confined:
To restrict their movements to within a geographical area.
Ingredient: Ransom OR Service
Ransom:
a fee of money demanded or paid for the release of a person held captive
Service:
To hold as a slave or servant
Ingredient: Marry
In this context means to engage in a marriage solemnized in accordance with the provisions of the Marriage Act 1955
What are the elements of “Abduction of a Young person”
s.210(1) Abduction of a Young Person 7 years 1) With intent to deprive any parent or guardian or other person having the lawful care or charge of a young person or possession of that young person. 2) Unlawfully 3) Takes or entices away or detains 4) The Young person
ingredient: takes away
R V CROSSAN
Taking away and detaining are separate and distinct offences, the first consists of taking the victim away and second of detaining them
TAKES AWAY
R v WELLARD
The essence of the offence of kidnapping is the deprivation of liberty coupled with the carrying away of the victim from the play they want to be.
Ingredient: Detains
Detains
R v PRYCE
Detaining is n active concept meaning to keep in confinement or custody, this is to contrast with the passive concept of harbouring or mere failure to hand over.
