Kidnap/Abduct Flashcards
Case law related to taking away or detaining
R v Crossan
Taking away and detaining are separate and distinct offences. The first consists of taking the victim away; the second of detaining them.
What case law relates to taking away
R v Wellard
The essence of kidnapping is the deprivation of liberty coupled with a carrying away from the place where the victim wants to be.
What is the case law relating to detained
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.
What is the minimum time to constitute detaining?
There is no minimum time, it will be based on the circumstances on a case by case basis.
Case law realted to intent
R v Mohi
The offence is committed at the time of taking away as long as at that moment of taking the offender has the necessary intent. It is not necessary for the crown to prove that the intent was carried out.
Child and consent?
A child under the age of 16 can not consent to being taken away or detained
Define
Service
Hold as a servant or slave
Define
Confined
Restricting their movements to within a geographical area
Define
Imprisoned
To be held as if in prison
to obtain consent by fraud
consent is obtained by the misrepresentation of the facts or the offenders intention
to obtain consent by duress
consent obtained by actual or implied threat or force to the victim or another person, Can include other forms of pressure or coercion
Marry
the term marry means to engage in marriage solemnised in accordance with the provisions of the marriage act 1955
cause to be married/sexual connection
this relates to situations where the abductor takes away or detains a victim to enable another person to marry them
OR
the offenders intent is to enable another person to have sexual connection with the victim,
sent out of nz
to be sent outside NZ shores
taken out of NZ
taken suggests the victim in company or custody of a person accompanying them out of NZ
