CIA Abduction

Question 1

Outline: Abduction or detention of a child under the age of 16 for a sexual purpose

Answer 1

CA s49P Abduction or detention of a child under the age of 16 for a sexual purpose

a) Accused (A)
(i) takes away or detains a person (B); or
(ii) causes B to be taken away or detained by another person; and

• B is a child under the age of 16 years; and
• the person who has lawful charge (C) of B does not consent to B being taken away or detained; and

b) A knows that—
(i) B is a child under the age of 16 years; or
(ii) B is probably a child under the age of 16 years; and
c) A knows that—
(i) C does not consent to B being taken away or detained; or
(ii) C probably does not consent to B being taken away or detained; and
d) A intends B will take part in a sexual act with A or another person or both; and
e) B taking part in the sexual act would involve the commission by A, or the other person, or both, of an offence against section 38(1), 39(1), 40(1), 41(1) or a provision of this Subdivision (other than this section).

Question 2

Outline: Child Stealing

Answer 2

Section 63 of the Crimes Act 1958 creates THREE DISCRETE offences that may be called ‘Child stealing’.

1. The FIRST child stealing offence has following 5 elements:

• The accused TOOK, DECOYED, ENTICED away or detained a person;
• That person was a child UNDER the age of 16;
• The taking or other conduct was achieved by FORCE or FRAUD
• The accused INTENDED to: - deprive any parent, guardian or - any other person having the lawful care or - charge of the child of the possession of the child; or - steal any item from the child.
• The accused acted WITHOUT lawful excuse (Crimes Act 1958 s63(1)).

2. The SECOND child stealing offence has the following 4 elements:

• The accused RECEIVED or HARBOURED a person;
• That person was a child UNDER the age of 16;
• The accused INTENDED to: - deprive any parent or guardian or - any other person having the lawful care or - charge of such child of the possession of such child; or -steal any article upon or about the person of such child
• The accused KNEW that the child had been led, taken, decoyed, enticed away or detained by force or fraud (Crimes Act 1958 s63(1)).

3. The THIRD child stealing offence has the following 5 elements:

• The accused TOOK AWAY, DECOYED or ENTICED away a person;
• The person was a child UNDER the age of 16;
• The accused took the child out of the possession of -the child’s parent, -guardian or -other person with lawful care or charge of the person;
• The taking was against the will of -the child’s parent, -guardian or -other person with lawful care or charge of the person;
• At the time of his or her conduct, the accused intended to take a child, -known or believed to be under the age of 16, from the care of a parent or guardian and -that the taking was against the will of the child’s parent or guardian; and -The accused acted without lawful excuse