CIB 010 - Violence Offences

Question 1

Name the offence and the elements of s188(1) Crimes Act 1961.

Answer 1

Offence:
Wounding with intent.
(14 Years Imprisonment).

Elements:
- With intent to cause GBH
- To any one
- Wounds, maims, disfigures, or causes GBH
- To any person

Question 2

Name the offence and the elements of s188(2) Crimes Act 1961.

Answer 2

Offence:
Wounding with intent.

Elements:
- With intent to injure any person, or with reckless disregard for the safety of others
- Wounds, maims, disfigures, or causes GBH
- To any person

Question 3

Intent vs. Outcome.

Explain the difference between subsection (1) & subsection (2) of s188 Crimes Act 1961.

Answer 3

Under s188, both subsections (1) and (2) both relate to actions that result in wounding, maiming, disfiguring, or causing GBH to the victim. So the outcome is the same.
The distinction between the two subsections is the offender’s intent.

Question 4

Explain ‘Intent’.

Answer 4

In a criminal law context 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 5

Discuss what was held in R v Collister in relation to “Intent”.

Answer 5

Circumstantial evidence from which an offender’s intent can be inferred can include:

• The offender’s actions and words, before, during and after the event,
• The surrounding circumstances,
• The nature of the act itself.

Question 6

What are additional circumstantial evidence that may assist in proving intent?

Answer 6

• Prior threats
• Evidence if premeditation
• The use of a weapon
• Whether any weapon used was opportunistic or purposely brought
• The number of blows
• The degree of force used
• The body parts targeted by the offender (e.g., the head)
• The degree of resistance or helplessness of the victim (e.g., unconscious).

Question 7

Discuss what was held in R v Taisilika in relation to “Intent”.

Answer 7

The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent.

Question 8

Define ‘Grievous bodily harm’ and discuss what was held in DPP v Smith.

Answer 8

‘Grievous bodily harm’ can be defined simply as “harm that is really serious”.

DPP v Smith.
‘Bodily harm’ needs no explanation and ‘grievous’ means no more and no less than “really serious”

Question 9

What is the difference between ‘wounding’ and ‘grievous bodily harm’?

Answer 9

The terms ‘wounds’, ‘maims’, and ‘disfigures’ refer to the type of injury caused.

‘Grievous’ refer to the degree of harm, rather than to the nature of it or how it was caused.

Question 10

Discuss what was held in R v Waters in relation to “Wound”.

Answer 10

A wound involves the breaking of the skin evidenced by the flow of blood, either externally or internally.

Question 11

Discuss ‘Psychiatric Injury’.

Answer 11

“Bodily harm” may include psychiatric injury but does not include mere emotions such as fear, distress, panic, or a hysterical or nervous condition.
It may be necessary that the ‘injury’ should amount to identifiable clinical condition.
Expert evidence will be required before an issue of psychiatric injury arises.

Question 12

Define ‘maiming’.

Answer 12

Maiming will involve mitigating, crippling, or disabling a part of a body so as to deprive the victim of the use of a limb or one of the senses.

To constitute maiming, there must be some form of permanence.

Question 13

Define ‘disfigurement’ and discuss what was held in R v Rapana and Murray.

Answer 13

“Disfigure” means to deform or deface; to mar or alter the figure or appearance of a person”.

R v Rapana and Murray
The word ‘disfigures’ covers “not only permanent damage but also temporary damage”.

Question 14

Discuss the ‘Doctrine of transferred malice’.

Answer 14

It is not necessary that the person suffering the harm was the intended victim.
Where the defendant mistakes the identity of the person injured, or where the harm intended for one person is accidentally inflicted on another, he is still criminally responsible.

Question 15

Define ‘Injure’ and discuss what was held in R v Donovan.

Answer 15

s2 Crimes Act 1961
To injure means to cause actual bodily harm.

R v Donovan
‘Bodily harm’ … includes any hurt or injury calculated to interfere with the health or comfort of the victim … it need not be permanent, but must, no doubt, be more than merely transitory or trifling.

Question 16

Define ‘recklessly’ and discuss what was held in Cameron v R.

Answer 16

Acting ‘recklessly’ involves consciously and deliberately taking an unjustifiable risk.

Cameron v R.
Recklessness is established if:
(a) The defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.

Question 17

Name the offence and elements of s189(1) Crimes Act 1961.

Answer 17

Offence:
Injuring with intent.

Elements:
- With intent to cause GBH
- To any one
- Injures
- Any person

Question 18

Name the offence and elements for s189(2) Crimes Act 1961.

Answer 18

Offence:
Injuring with intent.

Elements:
- With intent to injure any one, or with reckless disregard for the safety of others
- Injures
- Any person

Question 19

Name the offence and elements for s191(1) Crimes Act 1961.

Answer 19

Offence:
Aggravated Wounding or Injury.

Elements:
- With intent —
(a) To commit or facilitate the COAIO; or
(b) To avoid detection of himself or herself or of any other person in the COAIO; or
(c) To avoid arrest or facilitate the flight of himself or of any other person upon the commission or attempted COAIO —
- Wounds, maims, disfigures, or causes GBH to any person, or stupefies or renders unconscious any person, or by any violent means renders any person incapable of resistance.

Question 20

Discuss what was held in R v Tihi (Two-fold test for intent).

Answer 20

In addition to one of the specific intents outlined in paragraphs (a), (b), or (c) of s191(1) Crimes Act 1961, “it must be shown that the offenders either meant to cause the specified harm, or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it”.

Question 21

Discuss what was held in R v Wati in relation to “Facilitate flight”.

Answer 21

There must be proof of the commission or attempted commission of a crime either by the person committing the assault or by the person whose arrest of flight he intends to avoid or facilitate.

Question 22

Discuss what was held in R v Sturm in relation to “stupefy”.

Answer 22

‘Stupefy’ means to ‘cause an effect on the mind or nervous system of a person, which really seriously interferes with that person’s mental or physical ability to act in any way which might hinder an intended crime’.

Question 23

Explain ‘Renders unconscious’.

Answer 23

“Renders” means to “cause to be” or “cause to become”.

To render a person ‘unconscious’, the offender’s actions must cause the victim to lose consciousness.

Question 24

Explain ‘violent means’.

Answer 24

“Violent means” is not limited to physical violence and may include threats of violence, depending on the circumstances.

Question 25

What was held in R v Crossan in relation to ‘incapable of resistance’.

Answer 25

Incapable of resistance includes the powerlessness of the will as well as a physical incapacity.

Question 26

Elements - With intent to cause GBH - To any one - Wounds, maims, disfigures, or causes GBH - To any person Name the offence, section and act.

Answer 26

Wounding with intent. Section 188(1) Crimes Act 1961

Question 27

Elements: - With intent to cause GBH - To any one - Injures - Any person Name the offence, section and act.

Answer 27

Injuring with intent s189(1) Crimes Act 1961

Question 28

Name the offence and elements for s192(1) Crimes Act 1961.

Answer 28

Offence: Aggravated Assault (3 Years Imprisonment). Elements: - Assaults - Any other person - With intent — (a) To commit or facilitate the COAIO. (b) To avoid detection of himself or herself or of any other person in the COAIO. (c) To avoid arrest or facilitate the flight of himself or of any other person upon the COAIO. *The offender must assault the victim with intent. *Required to prove offender intended, at the time of the assault, (a), (b), or (c).

Question 29

Name the offence and elements for s192(2) Crimes Act 1961.

Answer 29

Offence: Aggravated Assault (3 Years Imprisonment). Elements: - Assaults - Any constable, or any person acting in aid of any constable, or any person in the lawful execution of any process - With intent - To obstruct the person so assaulted in the execution of his duty.

Question 30

Name the offence and elements for s198(1) Crimes Act 1961.

Answer 30

Offence: Discharging firearm or doing doing dangerous act with intent. (14 Years Imprisonment). Elements: - With intent to do GBH (a) discharges any firearm, air gun, or other similar weapon at any person; or (b) sends or delivers to any person, or puts in any place, any explosive or injurious substance or device; or (c) sets fire to any property.

Question 31

Discuss what was held in R v Pekepo in relation to “Intent under s198”.

Answer 31

A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient proof. An intention to shoot that person must be established.

Question 32

Define ‘air gun’.

Answer 32

s2 Crimes Act 1961 (a) any air rifle; and (b) any air pistol; and (c) any weapon from which, by the use of gas or compressed air (and not by force of explosive), any shot, bullet, missile, or other projectile can be discharged.

Question 33

Define ‘firearm’.

Answer 33

s2 Crimes Act 1961. Firearm means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive.

Question 34

Define ‘explosive’.

Answer 34

s2 Crimes Act 1961. Any substance or mixture or combination of substances which in its normal state is capable of decomposition at such rate as to result in an explosion or of producing a pyrotechnic effect.

Question 35

Define ‘injurious substance or device’.

Answer 35

The term “injurious substance or device” covers a range of things capable of causing harm to a person; for example, a letter containing anthrax powder that is mailed to a political target.

Question 36

Define ‘property’.

Answer 36

s2 Crimes Act 1961. Property includes any real and personal property, any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.

Question 37

Name the offence and elements for s198A(1) Crimes Act 1961.

Answer 37

Offence: Using any firearm against law enforcement officer. (14 Years Imprisonment). Elements: - Uses any firearm in any manner whatever - Against any constable, traffics officer, or any prison officer - Acting in the course of his or her duty - Knowing that, or being reckless whether or not that person is a member of the police, or a traffics officer, or a prison officer so acting.

Question 38

Name the offence and elements for s198A(2) Crimes Act 1961.

Answer 38

Offence: Using any firearm against law enforcement officer. (10 Years Imprisonment). Elements: - Uses any firearm in any manner whatever - With intent to resist the lawful arrest or detention of himself or herself or of any other person.

Question 39

Define ‘Uses in any manner whatever’.

Answer 39

“In any manner whatever” widens the definition to include a range of acts that stop short of actually shooting at an officer. Although possession of a firearm alone does not in itself constitute ‘use’, handling or manipulating the firearm in a manner that conveys an implied threat may suffice.

Question 40

Discuss what was held in R v Swain in relation to “Uses in any manner whatever”.

Answer 40

To deliberately or purposely remove a sawn-off shotgun from a bag after being confronted by or called upon by police constable amounts to a use of that firearm within the meaning of s198A Crimes Act 1961.

Question 41

Discuss Simester and Brookbanks in relation to “Knowledge”.

Answer 41

Knowing means “knowing or correctly believing” … the defendant may believe something wrongly but cannot ‘know’ something that is false.

Question 42

Discuss what was held in Fisher v R in relation to “Intent to resist lawful arrest or detention”.

Answer 42

It is necessary in order to establish a charge under s198A(2) for the Crown to prove that the accused knew someone was attempting to arrest or detain him because otherwise the element of mens rea of intending to resist lawful arrest or detention cannot be established.

Question 43

Name the offence and elements of s198B(1) Crimes Act 1961.

Answer 43

Offence: Commission of an imprisonable offence with firearm. (10 Years Imprisonment). Elements: (a) In committing any imprisonable offence uses any firearm; or (b) While committing any imprisonable offence has with him or her in circumstances that prima facie show an intention to use it in connection with that imprisonable offence.

Question 44

Discuss what was held in R v Cox in relation to “Possession”.

Answer 44

Possession involves two … elements. The first, often called the physical element, is actual or potential physical custody or control. The second, often described as the mental element … is a combination of knowledge and intention: Knowledge in the sense of an awareness by the accused that the substance is in his possession … and an intention to exercise possession.

Question 45

Define ‘pistol’.

Answer 45

s2 Crimes Act 1961. ‘Pistol’ means any firearm that is designed or adapted to be held and fired with one hand; and includes any firearm that is less than 762mm in length.

Question 46

Name the section, subsection and act for ‘Robbery’.

Answer 46

Robbery (10 Years Imprisonment). s234(1) Crimes Act 1961 Elements: - Theft - Accompanied by violence or threats of violence - To any person or any property - Used to extort the property stolen, or to prevent or overcome resistance to its being stolen.

Question 47

Define ‘Dishonestly’.

Answer 47

s217 Crimes Act 1961. Dishonestly, in relation to an act or omission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.

Question 48

Define ‘Claim of Right’.

Answer 48

s2 Crimes Act 1961. Claim of right, in relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed.

Question 49

Discuss what was held in R v Skivington in relation to “Claim of Right as a defence”.

Answer 49

“Larceny [or theft] is an element of robbery, and if the honest belief that a man has a claim of right is a defence to larceny, then it negatives one of the elements in the offence of robbery, without proof of which the full offence is not made out”.

Question 50

Discuss what was held in R v Lanier in relation “Robbery complete”.

Answer 50

Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.

Question 51

Discuss what was held in R v Peat in relation to “Robbery complete”.

Answer 51

The immediate return of goods by the robber does not purge the offence.

Question 52

Define ‘Ownership’.

Answer 52

s218 Crimes Act 1961. For the purposes of this Part, a person is to be regarded as the owner of any property that is stolen if, at the time of the theft, that person has — (a) possession or control of the property; or (b) any interest in the property; or (c) the right to take possession or control of the property.

Question 53

Discuss what was held in R v Maihi in relation to “Accompanied by … “

Answer 53

“It is implicit in ‘accompany’ that there must be a nexus (connection or link) between the act of stealing … and a threat of violence. Both must be present”. However the term “does not require that the act of stealing and the threat of violence be contemporaneous … “

Question 54

Discuss Peneha v Police in relation to ‘Violence’.

Answer 54

It is sufficient that “the actions of the defendant forcibly interfere with personal freedom or amount to forcible powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort”.

Question 55

Discuss what was held in R v Broughton in relation to ‘threats of violence’.

Answer 55

“The manifestation of an intention to inflict violence unless the money or property be handed over. The threat may be direct or veiled. It may be conveyed by words or conduct, or a combination of both”.

Question 56

Define ‘Extort’.

Answer 56

To “extort” means “to obtain by violence, coercion or intimidation or extract forcibly”.

Question 57

Define “Prevent”.

Answer 57

To “prevent” means “to keep from happening”.

Question 58

Define ‘Overcome’.

Answer 58

To “overcome” means “to defeat; to prevail over; to get the better of in a conflict”.

Question 59

Name the section, act and elements for the offence ‘Aggravated Robbery’.

Answer 59

s235 Crimes Act 1961 s235(a) - Robs any person and - At the time, or immediately before, or immediately after the robbery - Causes GBH - To any person s235(b) - Being together with any other person or persons - Robs - Any person s235(c) - Being armed with an offensive weapon or instrument, or anything appearing to be such a weapon or instrument - Robs - Any person

Question 60

Define ‘grievous bodily harm’ and discuss what was held in DPP v Smith.

Answer 60

Grievous bodily harm can be defined simply as “harm that is really serious”. DPP v Smith “Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”.

Question 61

What does “together with” require?

Answer 61

The term “together with” requires that two or more people are actually present and acting together in the commission of the robbery.

Question 62

Discuss what was held in R v Joyce in relation to “Together with”.

Answer 62

“The Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred”.

Question 63

Discuss what was held in R v Galey in relation to “Joint enterprise”.

Answer 63

“Being together” in the context of s235(b) involves “two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime”.

Question 64

Define ‘offensive weapon’.

Answer 64

s202A Crimes Act 1961. In subsection (4)(a) of this section, offensive weapon means any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use. In subsection (4)(b) of this section, offensive weapon means any article capable of being used for causing bodily injury.

Question 65

Discuss what was held in R v Bentham in relation to “Any thing appearing to be …”

Answer 65

“What is possessed must under the definition be a thing. A person’s hand or fingers are not a thing”.

Question 66

Name the section, act and elements for the offence “Assault with Intent to Rob”.

Answer 66

s236(1) Crimes Act 1961 (14 Years Imprisonment). - With intent to rob any person — (a) - Causes GBH - To that person or any other person; or (b) - Being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument - Assaults - That person or any other person; or (c) - Being together with any other person or persons - Assaults That person or any other person.

Question 67

Define ‘assault’.

Answer 67

s2 Crimes Act 1961. “Assault” means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other person to believe on reasonable grounds that he or she has, present ability to effect his or her purpose.

Question 68

Name the section, act and elements for the offence ‘Blackmail’.

Answer 68

s237(1) Crimes Act 1961 (14 Years Imprisonment) - Threatens, expressly or by implication - To make any accusation against any person (whether living or dead), to disclose something about any person (whether living or dead) or, to cause serious damage to property or endanger the safety of any person - With intent — (a) To cause the person to whom the threat is made to act in accordance with the will of the person making the threat; and (b) To obtain any benefit or to cause loss to any other person.

Question 69

Name the ‘Blackmail’ investigation phases.

Answer 69

- Initial report phase. - Mobilisation phase. - Consolidation phase. - Investigation and Operational phase. (Negotiation / Payment/Pseudo payment / Intervention/Arrest) - Reactive phase. (May include prosecution)

Question 70

What is an ‘Accusation’.

Answer 70

“Accusation” will normally refer to an allegation that the person is guilty of criminal offending whether or not any formal charges have been filed.

Question 71

What is ‘Disclosure’.

Answer 71

“Disclosure” does not need to relate to criminal offending and will extend to revelation of information which would cause serious embarrassment or emotional distress.

Question 72

Define ‘Obtain’.

Answer 72

s217 Crimes Act 1961. “Obtain” means to obtain for himself or herself or for any other person. *Benefit obtained by offender may be for himself or for any other person.

Question 73

Define ‘Benefit’.

Answer 73

“Benefit” does not require a financial element, but includes a privilege, service or benefit that has no ascertainable monetary value.

Question 74

Define ‘Pecuniary Advantage’.

Answer 74

“Pecuniary advantage” means an economic advantage or a financial gain or benefit, an enhancement of a person’s financial position.

Question 75

Define ‘Privilege’.

Answer 75

“Privilege” means a special right or advantage and need not be a financial one.

Question 76

Define ‘Valuable consideration’.

Answer 76

“Valuable consideration” means money or money’s worth.

Question 77

Discuss the Statutory Defence to Blackmail.

Answer 77

s237(2) Crimes Act 1961 A belief by the person making the threat that they are entitled to the benefit or to cause the loss is NOT in itself a defence to a charge under s237(1), UNLESS the threat is, the the circumstances, a reasonable and proper means for effecting his or her purpose.

Question 78

Name the section, act and elements for the offence ‘Demanding with Intent to Steal’.

Answer 78

s239(1) Crimes Act 1961 (14 Years Imprisonment). - Without claim of right - By force or any threat - Compels any person to execute, make, accept, endorse, alter, or destroy - Any document capable of conferring a pecuniary advantage - With intent to obtain any benefit.

Question 79

‘Demanding with Intent to Steal’ has two subsections. Identify the elements in 239(2) Crimes Act 1961.

Answer 79

Elements: - With menaces or by any threat - Demands any property from any persons - With intent to steal it.

Question 80

Define ‘document’.

Answer 80

“Document” is defined in s217 Crimes Act 1961. The Court has defined a document essentially as a thing which provides evidence or information or serves as a record.

Question 81

Name the section, act and elements for the offence ‘Abduction for marriage or sexual connection’.

Answer 81

s208 Crimes Act 1961 (14 Years Imprisonment). - Unlawfully - Takes away or detains - A person - Without consent or with consent obtained by fraud or duress - With intent (a) To go through a form of marriage or civil union; or (b) To have sexual connection; or (c) To go through a form of marriage or civil Union or have sexual connection with some other person.

Question 82

Define ‘Unlawfully’.

Answer 82

Unlawfully means “without lawful justification, authority or excuse”.

Question 83

Discuss what was held in R v Crossan in relation to “Taking away”.

Answer 83

Taking away and detaining are “separate and distinct offences”. The first consists of taking (the victim) away; the second of detaining her. The first offence was complete when the prisoner took the woman away against her will. Then, having taken her away, he detained her against her will, and his conduct in detaining her constituted a new and different offence.

Question 84

Discuss what was held in R v Wellard in relation to ‘Taking away’.

Answer 84

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

Question 85

Discuss what was held in R v Pryce in relation to ‘Detaining’.

Answer 85

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 86

Discuss what was held in R v Cox in relation to ‘Consent’.

Answer 86

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

Question 87

Explain ‘Consent obtained by fraud’.

Answer 87

The offender may deceive the victim into agreeing to a proposition by misrepresenting the facts or their intentions.

Question 88

Explain ‘Consent obtained by duress’

Answer 88

A victim may acquiesce to an offender’s demands based on fear of the consequences if they refuse. Duress may arise from the actual or implied threat of force to the victim or another person, but can also include other forms of pressure or coercion.

Question 89

Discuss what was held in R v Mohi in relation to ‘Intent in abduction cases’.

Answer 89

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 90

Discuss what was held in R v Waaka in relation to ‘Intent in abduction cases’.

Answer 90

Intent may em 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 that is sufficient for the purpose of this section.

Question 91

Define ‘Sexual connection’.

Answer 91

s2 Crimes Act 1961. Sexual connection means — (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 the body of another person; 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 92

Name the act, section and elements for the offence ‘Kidnapping’.

Answer 92

s209 Crimes Act 1961 (14 Years Imprisonment). - Unlawfully - Takes away or detains - A person - Without consent or with consent obtained by fraud or duress - With intent to — (a) Hold him or her for ransom or to service; or (b) Cause him or her to be confined or imprisoned; or (c) Cause him or her to be sent or taken out of New Zealand.

Question 93

Discuss what was held in R v M in relation to what must be proved in ‘Kidnapping’.

Answer 93

The Crown must prove that the accused intended to take away or detain the complainant and that he or she knew that complainant was not consenting.

Question 94

Define ‘ransom’.

Answer 94

A “ransom” is a sum of money demanded or paid for the release of a person being held captive.

Question 95

What is meant by “hold to service”.

Answer 95

This provision relates to situations where the offender’s intent is to keep the victim as a servant or slave.

Question 96

Explain the difference between ‘confinement’ and ‘imprisonment’.

Answer 96

“Confining” a person can include restricting their movements to within a geographical area, but also has a wider meaning that includes curtailing their activity and exercising control and influence over them. To “imprison” a person means to put them in prison, or to confine them as if in prison. It has a narrower meaning than “confine” as discussed above, and may apply in situations where the victim is, for example, locked in a room or in the boot of a car.

Question 97

Name the section, act and elements for the offence of ‘Abduction of a Young Person under 16’.

Answer 97

s210(1) Crimes Act 1961 (7 Years Imprisonment). - With intent to deprive a parent or guardian or other person having the lawful care or charge of a young person of the possession of the young person - Unlawfully - Takes away or entices away or detains the young person.

Question 98

Name the elements for the offence ‘Abduction of Young Person under 16’ under s210(2) Crimes Act 1961.

Answer 98

s210(2) Crimes Act 1961 (7 Years Imprisonment). - Receives a young person - 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 the lawful care or charge of him or her of the possession of him or her.

Question 99

Can a young person consent to being taken away for the purpose of s209 to s210 Crimes Act 1961? Explain your answer.

Answer 99

No. s210(3) Crimes Act 1961 For the purposes of subsections (1) and (2), — (a) It is immaterial whether the young person consents, or is taken or goes or is received at his or her own suggestion; and (b) It is immaterial whether the offender believes the young person to be of or over the age of 16.

Question 100

Discuss what was held in R v Forrest and Forrest in relation to ‘Proof of age’.

Answer 100

“The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age”.

Question 101

Define ‘entice’.

Answer 101

To “entice” means to tempt, persuade, or attract by arousing hope or desire.

Question 102

Is there a defence against charges of ‘Abduction’ or ‘Kidnapping’?

Answer 102

s210A Crimes Act 1961 A person who claims in good faith a right to the possession of a young person under the age of 16 years cannot be convicted of an offence against s209 or s210 because he or she gets possession of the young person.