Kidnapping & Abduction

Question 1

s208 ca61

UTAWW

Answer 1

Unlawfully

Takes away or Detains

A person

Without their consent or with consent obtained by fraud or duress.

With intent to:
(a) Go through a form of marriage or civil union.

(b) Have sexual connection with the person.
(c) Cause the person to go through a form of marriage or civil union or to have sexual connection with some other person.

Question 2

R v Crossan

Answer 2

Taking away and detaining are separate and distinct offences. The first consists of taking the victim. The second the act of detaining them.

Question 3

R v Wellard

Answer 3

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.

Question 4

R v Pryce

Answer 4

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 5

S209 ca61

UTAWW

Answer 5

Unlawfully

Takes away or Detains

A person

Without their consent or with consent obtained by fraud or duress.

With intent to

(a) hold him or her ransom or to service
(b) cause him or her to be confined or imprisoned.
(c) cause him or her to be sent or taken out of New Zealand.

Question 6

R v Mohi

Answer 6

The offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent.

Question 7

Define consent

Answer 7

Consent is a person’s concious and voluntary agreement to something desired or proposed by another.

Question 8

R v Cox

Answer 8

Consent must be “Full voluntary, free and informed… Freely and voluntarily given by a person in a position to form a rational judgement.

Question 9

210(1) WUTT

Answer 9

• With intent to deprive a parent or guardian having lawful custody.
• Unlawfully
• Takes or Entices away or Detains
• The young person