Kidnapping/Abduction Flashcards
Abduction, section/elements?
Section 208,CA1961
-Unlawfully
-takes away OR detains
-a person
-without their consent OR with consent obtained by fraud or duress
-without their 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 some form of marriage OR civil union OR to have sexual connection,with some other person
Kidnapping, Section/elements?
Section 209,CA1961
-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
b) cause him or her to be confined OR imprisoned
c) cause him or her to be sent or taken out of New Zealand
Abduction(young person under 16)
Section/elements?
Section 210(1) CA1961
-with intent to deprive
a parent OR guardian OR
Other person having the 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
Abduction of young person under 16(receiving) Section/elements?
Section 210(2) CA1961
-Recieves
- a young person
-knowing that he or she has been
Unlawfully taken 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 if the possession of him or her
Unlawful meaning?
Without lawful justification or excuse
Abduction case law taking away vs detaining?
R v Crossan- Taking away and detaining are seperate and distinct offences. The first consists of taking the victim away and the second detaining. This constitutes two offences.
Taking away case law?
R v Wellard- deprivation of liberty coupled with a carrying away from the place where the victim wants to be.
Detains case law?
R v Pryce- detaining is an active concept, meaning to keep in confinement or custody, compared to the passive concept of harbouring or mere failure to hand over.
Consent case law?
Consent must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to form a rational judgment.
Consent defined
Conscious and voluntary agreement to do something desired or proposed by another
Abduction intent case law?
R v Mohi- the offence is committed at the time of taking away, aslong as there is at that moment, the necessary intent.
Ransom definition?
A sum of money demanded or paid for the release of a person being held captive
Age case law?
R V Forrest and Forrest- the best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
Entice definition?
Means to tempt,persuade or attract by arousing hope or desire
