Kidnapping/Abduction Flashcards
Elements: Crimes Act 1961, Section 208
Abduction
- 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 or marriage or civil union or
b) Have sexual connection with the person or
c) cause the person to go through a form of marriage or civil union or to have sexual connection with some other person
Elements: Crimes Act 1961, Section 209
Kidnapping
- 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 for ransom or to service or
b) cause him or her to be confined or imprisoned
c) cause him or her to be sent or taken out of New Zealand
Elements: Crimes Act 1961, Section 210(1)
Abduction of a young person under 16
- With intent to deprive a parent or guardian or other person having lawful care or charge of a young person
- Of the possession of the young person
- Unlawfully takes away or entices away or detains
- The young person
Elements: Crimes Act 1961, Section 210(2)
Abduction of a young person under 16 (receives)
- Receives
- A young person
- Knowing that he or she has been
- Unlawfully taken away or enticed away or detained
- With intent to deprive a parent or guardian or other person having the lawful care or charge of him or her of the possession of him or her
Definition: Unlawfully
Without lawful justification or excuse
Definition: Taking away
Refers to situations where the Victim is physically removed from one place to another
Case Law: Taking away vs Detaining
R v Crossan
Case Law: Taking away
R v Wellard
Definition: Detains
Doing something to impose a constraint or restraint on the person detained.
Active concept rather than passive one.
Case Law: Detains
R v Pryce
Definition: Consent
Conscious and voluntary agreement to something desired or proposed by another
Case Law: Consent
R v Cox
Defintion: Consent obtained by fraud
The offender may deceive the victim into agreeing to a proposition by misrepresenting the facts or their intentions.
(Impersonating Police example)
Case Law: Consent obtained by fraud
R v Wellard(1)
Definition: Consent obtained by duress
Victim agrees to demands based of fear of the consequences if they refuse.
Case Law: Intent in abduction
R v Mohi
Definition: Intent to cause person to go through marriage or civil union or sexual connection
Relates to situations where the abductor takes away or detains a victim to enable another person to go through a form or marriage or civil union with them.
Example of detaining a young hindu woman for the purposes of enforcing an arranged marriage.
Or a gang prospect who abducts a woman and takes her back to a gang pad to be raped by other gang members.
Definition: Ransom
A sum of money demanded or paid for the release of a person being held captive
Definition: Hold him or her to service
Offender intends to keep the victim as a servant or slave.
Definition: Confined
Restricting their movements within a geographical area but also curtailing their activity and exercising control and influence over them
Definition: Imprisoned
Put them in prison, or to confine them as if in prison.
e.g locked in a room or boot of a car
Case Law: Intent to deprive a parent or guardian or other person having the lawful care or charge of a young person
R v Chartrand
Case Law: Possession
R v Cox
Definition: Entice
Tempt, persuade or attract by arousing hope or desire
Definition: Receives Young Person
Receives YP knowing the YP has been unlawfully taken with necessary intent
E.G father takes child from its mother contrary to order and hides him at grandparents house.
If grandparents knew he was taken unlawfully they would be liable for receiving.
Definition: Good faith
Statutory Defence
A person who claims in good faith a right to the possesion of a YP under 16 can not be convicted.
Age for consent
A person can not consent under sections 208-210 when a person taken is under the age of 16 years
