Abduction, Section 208 (a) or (b) or (c) Crimes Act 1961, Penalty: 14 years

Question 1

Unlawfully

R v Chartrand

Answer 1

Without lawful justification, authority or excuse

Question 2

R v Crossan

Taking away and detaining are…

Answer 2

Taking away and detaining are “separate and distinct offences. The first consists of taking the victim away; the second of detaining them.

Question 3

R v Pryce

Detaining is an active concept…

Answer 3

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 4

A person

Answer 4

Gender neutral. Proven by judicial notice or by circumstantially.

Question 5

“Consent”

Answer 5

“Consent” is a persons conscious and voluntary agreement to something desired or prosed by another.

Question 6

R v Cox

Consent must be…..

Answer 6

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

Question 7

To obtain consent by fraud

Answer 7

Consent obtained by the misrepresentation of the facts or the offenders inentions

Question 8

To obtain consent by duress

Answer 8

Consent obtained by actual or implied threat of force to the victim or another person. Can include other forms of pressure or coercion.

Question 9

Child under 16 years
Section 209A Crimes Act 1961
Consent

Answer 9

A child under the age of 16 years cannot consent to being taken away or detained

Question 10

Intent

Mean to do it…

Answer 10

Mean to do it, they desire a specific result and act with the aim or purpose of achieving it.

Question 11

R v Mohan
Intent
A decision to bring about…..

Answer 11

A decision to bring about, in so far as it lies in the accused’s power, the commission of the offence.

Question 12

R v Waaka

Intent

Answer 12

A fleeting or passing thought is not sufficient; There must be a firm intent or a firm purpose to effect an act.

Question 13

R v Mohi

The offence is committed at the time of taking away….

Answer 13

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

Question 14

Marry

In this context the term “to marry” means….

Answer 14

In this context the term “to marry” means to engage in a marriage solemnised in accordance with the provisions of the Marriage Act 1955.

Question 15

Sexual Connection - Sec. 2 Crimes Act 1961

Sexual Connection Means….

Answer 15

(a) Connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of
(i) a part of another persons body; or
(ii) an object held or manipulated by another person, or
(b) Connection between the mouth or tongue of one person and a part of another person’s genitalia or anus; or
(c) The continuation of connection of a kind described in paragraph (a) or paragraph (b).

Question 16

Cause to be married or have sexual connection with some other person

Answer 16

This relates to situations where the abductor takes aways or detains a victim to enable another person to marry them

OR

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

Question 17

R v Wellard
Takes Away
The essence of the offence of kidnapping….

Answer 17

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