Kidnapping/abduction

Question 1

S208 (a) or (b) or (c), Crimes Act 1961

Answer 1

Abduction

Question 2

Abduction elements

Answer 2

1. Unlawfully
2. Takes away OR detains
3. A person
4. Without his or her consent OR with his or her consent obtained by fraud or duress
5. 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 to or to have sexual connection with some other person.

Question 3

‘Unlawfully’ definition

Answer 3

Without lawful justification, authority or excuse

Question 4

‘Takes away’ or ‘detains’ case law

Answer 4

R v Crossan
Taking away and detaining are “separate and distinct offenses. The first consists of taking [the victim] away; the second of detaining them.”

Question 5

‘Takes away’ case law

Answer 5

R v Wellard
The essence of the offense of kidnapping is the “deprivation of liberty coupled with a carrying away from the place where the victim wants to be”.

Question 6

‘Detains’ case law

Answer 6

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 “harbouring” or mere failure to hand over.

Question 7

‘Consent’ definition

Answer 7

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

Question 8

‘Consent’ case law

Answer 8

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

Question 9

‘To obtain consent by fraud’ definition

Answer 9

Consent obtained by the misrepresentation of the facts or the offenders intentions

Question 10

‘To obtain consent by duress’ definition

Answer 10

Consent obtained by actual or implied threat of force to the victim or another person. Can include other forms of pressure or coercion.

Question 11

‘Takes away’ or ‘detains’ under 16 years of age

Answer 11

S209A Crimes Act 1961
A child under the age of 16 years cannot consent to being taken away or detained.

Question 12

When is something/someone ‘Taken away’ case law

Answer 12

R v Mohi
The offense 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.

Question 13

‘Marry’ definition

Answer 13

In this context, the term “to marry” means to engage in a marriage solemnised in accordance with the provisions of the Marriage Act 1955.

Question 14

‘Sexual Connection’ definition

Answer 14

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 15

‘Cause to be married or have sexual connection with some other person’ definition

Answer 15

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 offender’s intent is to enable another person to have sexual connection with the victim.

Question 16

Maximum penalty for Abduction

Answer 16

14 years

Question 17

Maximum penalty for Kidnapping

Answer 17

14 years

Question 18

Section 209 (a) or (b) or (c), Crimes Act 1961

Answer 18

Kidnapping

Question 19

Kidnapping elements

Answer 19

1. Unlawfully
2. Takes away OR Detains
3. A person
4. Without his or her consent OR With his or her consent obtained by fraud or duress
5. With intent to:
   (a) to hold him or her for ransom or to service; OR
   (b) To cause him or her to be imprisoned or confined; OR
   (c) To cause him or her to be sent or taken out of NZ.

Question 20

‘Ransom’ definition

Answer 20

A sum of money demanded or paid for the release of a person being held capture.

Question 21

‘Service’ definition

Answer 21

Hold as a servant or slave

Question 22

‘Confined’ definition

Answer 22

Restricting their movements to within a geographical area.

Question 23

‘Imprisoned’ definition

Answer 23

To be held as if in prison

Question 24

‘Sent out of NZ’ definition

Answer 24

Sent - normal meaning, to be sent outside NZ shores

Question 25

‘Taken out of NZ’ definition

Answer 25

“Taken” suggests victim in company or custody of a person accompanying them out of New Zealand.