Kidnapping/Abduction

Question 1

Unlawfully

Answer 1

Without lawful justification, authority or excuse

Question 2

What is the difference between taking away and detaining?

Answer 2

taking away = is taking (the victim) away

detaining = detaining (the victim)

Question 3

Define

“Takes away”

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

Explain “Detains”

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

To obtain consent by fraud

Answer 5

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

Question 6

To obtain consent by duress

Answer 6

Consent obtained by the actual or implied threat of force to the victim or another person.

Can include other forms of pressure or coercion

Question 7

True or false

A person under the age of 16 can consent to being taken away or detained

Answer 7

False

Question 8

Intent

Answer 8

Mean to do it, they desire a specific result and act with the aim or purpose of achieving it

Question 9

Define “marry” in the context of abduction

Answer 9

to engage in a marriage solemnised in accordance with the provisions of the Marriage Act 1955.

Question 10

Define

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

Answer 10

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 11

Define

Ransom

Answer 11

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

Question 12

Define

Service

Answer 12

Hold as a servant or slave

Question 13

Define

Confined

Answer 13

Restricting their movements to within a geographical area

Question 14

Define

Imprisoned

Answer 14

To be held as if in prison

Question 15

Explain:

Sent out of New Zealand

Answer 15

To be sent outside NZ shores

Question 16

Explain:

Taken out of New Zealand

Answer 16

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

Question 17

Abduction

Answer 17

Unlawfully

Takes Away or detains

A person

Without his or her consent OR with his or her consent obtained by fraud or duress

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 OR to have sexual connection with some other person

Question 18

Kidnapping

Answer 18

Unlawfully

Takes away or detains

a person

without consent OR with consent obtained by fraud or duress

with intent to

a) Hold him or her for ransom or to service

OR

To cause him or her to be imprisoned or confined

OR

To cause him or her to be sent or taken out of NZ