FOCUS Abduction & Kidnapping Flashcards
Abduction
List:
- Tops and Sides
- Case Law
- Definition Headings
Section 208(a) or (b) or (c)
Crimes Act 1961
Penalty: 14 years
Unlawfully / Takes Away OR Detains / A Person / Without his or her consent OR with his or he consent obtained by fraud or duress / With intent to (a) Marry Him or her OR (b) Have Sexual Connection with Him or Her OR (c) Cause him or her to be married or to have sexual connection with some other person
R v Crossan R v Wellard R v Pryce R v Cox R v Mohi
Unlawfully Takes Away (covered by R v Wellard) Detains (covered by r v Pryce) Person Consent To obtain consent by fraud To obtain consent by duress Child Intent Marry Sexual Connection Cause to be married
Kidnapping
List:
- Tops and Sides
- Case Law
- Definition Headings
Section 209(a) or (b) or (c)
Crimes Act 1961
Penalty: 14 years
Unlawfully / Takes Away OR Detains / A Person / Without his or her consent OR with his or her consent obtained by fraud or duress / With intent to (a) hold him or her to ransom or to service OR (b) to cause him or her to be imprisoned or confine OR (c) to cause him or her to be sent or taken out of NZ
R v Crossan R v Wellard R v Pryce R v Cox R v Mohi
Unlawfully Takes Away (covered by R v Wellard) Detains (covered by R v Pryce) Person Consent To obtain consent by fraud To obtain consent by duress Child Intent Ransom Service Confined Imprisoned Sent out of NZ Taken out of NZ
Define unlawfully
without lawful justification, authority or excuse
R v Wellard
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
R v Pryce
Detaining is an active concept meaning to “keep in confinement or custody”. This is to be contrasted to the passive concept of “harboring” or mere failure to hand over.
R v Cox
Consent must be “full, voluntary and free and informed, freely given by a person in a position to form a rational judgement”
Define Consent
Consent is a persons conscious and voluntary agreement to something desired or proposed by another.
Define To obtain consent by fraud
Consent obtained by the misrepresentation of the facts or the offenders intentions.
Define 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 coercion.
Section 209(a) Crimes Act 1961
A child under the age of 16 years cannot consent to being taken away or detained
Define intent
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
Define to Marry
In this context, the term “to marry” means to engage in a marriage solemnized in accordance with the provisions of the Marriage Act 1955.
Sexual Connection - S2 CA 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 pat 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).
Define cause to be married or have sexual connection with some other 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
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.
