Definitions

Question 1

Unlawfully

Answer 1

Means without lawful justification or excuse

Question 2

Taking away

Answer 2

Generally refers to situations where the victim is physically removed from one place to another.

Question 3

Detains

Answer 3

Is an active concept rather than a passive one. It involves doing something to impose a constraint or restraint on the person detained.

Question 4

Consent

Answer 4

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

May be conveyed by words or conduct or both.

Question 5

Consent obtained by fraud

Answer 5

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

Question 6

Consent obtained by duress

Answer 6

A victim may acquiesce (agree) to an offenders demands based on fear of the consequences if they refuse.

Duress may arise for the actual or implied threat of force to the victim or another person but can also include forms of pressure or coercion.

Question 7

Intent

Answer 7

Intention to commit the act and an intention to get a specific result.

Question 8

Proving intent
R V COLLISTER

Answer 8

Circumstantial evidence from which an offenders intent may be inferred can include:
- offenders actions and words before, during and after the event.
- the surrounding circumstances
- the nature of the act itself

Question 9

Sexual connection

Answer 9

a) connection effected by the introduction into the genitalia or anus of one person , otherwise for genuine medical purposes
i) part of body or another person
ii) an object held or manipulated by another person

b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus.

c) the continuation of the connection of a kind describe in a or b.

Question 10

With intent to hold for ransom

Answer 10

Is a sum of money demanded or paid for the release of a person being held captive.

Question 11

With intent to hold for service

Answer 11

To keep the victim as a servant or slave.

Question 12

With intent to cause confinement

Answer 12

Restricting the victim movements to within a geographical area, but also has a wider meaning that includes curtailment their activity and exercising control and influence over them.

Question 13

With intent to imprison

Answer 13

Means to put a person in prison or confine them as if they were in prison.

Question 14

Sent

Answer 14

The offenders intend for the victims to leave New Zealand. Perhaps as a result of a threat or other forms of duress.

Question 15

Taken

Answer 15

Suggests that the victim is in the company or in custody of a person accompanying them out of New Zealand.

Question 16

Young person

Answer 16

Means a person under the age of 16 years

Question 17

Entices

Answer 17

Means to tempt, persuade,or attract by arosing hope or desire.

Question 18

Receives a young person

Answer 18

Knowing the young person has been unlawfully taken with the necessary intent.

Question 19

Knowing

Answer 19

Knowing or correctly believing. The defendant may believe something wrongly, but accept know something that is false.