Kidnapping / Abduction

Question 1

Unlawfully + Defence

Answer 1

without lawful justification or excuse.

DEFENCES:
s210A - Good Faith – claiming in good faith a possessory right to the person under 16.

Question 2

Intent (Kidnapping/ Abduction)

Answer 2

Intent – means an act/omission was done deliberately, must be more than involuntary or accidental.

both to:
commit the act
Get a specific result

R v Collister
R v Mohi

Question 3

R v Collister

Answer 3

intent can be inferred from circumstantial evidence, including the offender’s actions, words before/after the event, surrounding circumstances, and the nature of the act itself.

Question 4

R v Mohi (Abduction/Kidnapping)

Answer 4

do not need to prove that the offender intended to do (a), (b) or (c). The offence is complete at the time of taking away so long as there was an intention to “take away”.

Question 5

Taking away + Defence

Answer 5

physically removing a person from one place to another.

R v Crossan
R v Wellard

s209A – Consent not a defence. Young person cannot consent to being taken away.

Question 6

R v Crossan

Answer 6

Taking away and detaining are two separate offences.

Question 7

R v Wellard

Answer 7

the essence of kidnapping is the deprivation of liberty coupled with a carrying away from the place where the victim wants to be.

Question 8

Detains + Defence

Answer 8

is an active concept and requires DOING SOMETHING to impose a constraint.

R v Pryce

Timeframe: question of fact, not defined.

s209A – Consent not a defence. Young person cannot consent to being taken away.

Question 9

R v Pryce

Answer 9

the active concept of detaining means “keep in confinement or custody” and is to be contrasted with the passive concept of “harbouring”, or mere failure to hand over.

Question 10

Person

Answer 10

gender neutral. That the victim is a person is accepted by Judicial Notice or proved by circumstantial evidence.

Question 11

Consent

Answer 11

conscious / voluntary agreement to something proposed by another. Needs to be true and valid.

R v Cox

Question 12

Consent obtained by Fraud or Duress

Answer 12

Consent – conscious / voluntary agreement to something proposed by another. Needs to be true and valid.

Fraud – ie deceiving by misrepresenting the facts or intentions.

Duress – ie agreement based on fear of consequences if they refuse. May arise from actual or implied threat. Did the threats destroy the reality of consent and overbear the will of the victim?

Question 13

R v Cox

Answer 13

Consent must be full, voluntary, free and informed given by a person in a position to form a rational judgment.

Question 14

Sexual connection

Answer 14

the introduction of any part of the body into the vagina anus of another person.

Question 15

Ransom or service

Answer 15

Ransom – sum of money demanded for the release of a person being held captive.

Service – eg servant, slave

Question 16

Cause to be confined or imprisoned

Answer 16

Cause to be confined – restricting movement to within an area, curtailing their activity and exercising control and influence over them.

May be caused indirectly or by another person.

Imprisoned – narrower meaning than ‘confine’, means being locked in eg a room or car.

Question 17

Sent or taken

Answer 17

Sent – leaves, includes where the victim leaves on their own eg as a result of a threat.

Taken – victim is accompanied out of NZ by a person.

Question 18

Possession / R v Cox

Answer 18

Possession - R v Cox – proving possession requires proof of both the physical element of actual/potential possession (eg eg in their pocket or in a house he had keys for), and the mental element of knowledge that the substance is in his possession AND is a controlled drug, and an intention to exercise possession.

Question 19

Intend to Deprive

Answer 19

Intent to deprive - it does not matter that the motive of the offender may have been innocent or that the time taken away is short.

Question 20

Young Person and Proof of Age

Answer 20

Young person – under 16.

Proof of age – R v Forrest & Forrest – in attaining proof of age, the Prosecution should use the best evidence possible in the circumstances.

Question 21

Takes Away, Entices + Defences

Answer 21

Takes away, entices – to take or tempt away.

S210(3)(a) – Consent by young person is not a defence.

S210(3)(b) – No defence having believed the young person was over 16.

Question 22

Receives + Defences

Answer 22

Receives – receiving physical custody if it can be shown that the Reiver knew the child was taken unlawfully, they may be liable to this.

S210(3)(a) – Consent by young person is not a defence.

S210(3)(b) – No defence having believed the young person was over 16.

Question 23

s208 - Abduction

Answer 23

Unlawfully
Takes away OR detains
A person
Without their consent / consent obtained by fraud or duress
With intent to
a) go through a form of marriage / civil union.
b) have sexual connection with that person.
c) Cause the person to go through a form of marriage / civil union / sexual connection with another person.

Question 24

s209 - Kidnapping

Answer 24

Unlawfully
Takes away OR detains
A person
Without their consent / consent obtained by fraud or duress
With intent to
a) hold them for ransom / to service.
b) cause them to be confined / imprisoned.
c) cause them to be sent or taken out of NZ.

Question 25

s210(1) - Abduction of a Young Person Under 16

Answer 25

Unlawfully
Takes away / entices away / detains
A young person
With intent to
Deprive a parent / guardian / other person having lawful care or charge of the young person
Of the possession of the young person.

Question 26

s210(2) - Abduction of a Young Person Under 16

Answer 26

Receives
A young person
Know that they were unlawfully taken / enticed away / detained
With intent to