Kidnapping / Abduction

Question 1

What section of the crimes act is abduction?

Answer 1

208

Question 2

What section of the crimes act is kidnapping ?

Answer 2

209

Question 3

What section of the crimes act is abduction of YP

Answer 3

210

Question 4

What are the ingredients of abduction (section 208 CA 1961)?

Answer 4

Unlawfully

Takes away OR detains

A person

Without his / her consent OR consent obtained by fraud OR consent obtained by duress

With intent to

Marry OR Have sexual connection OR be married to or have sexual connection with some other person

Question 5

Unlawfully

Answer 5

Without lawful justification or excuse

Question 6

True or false ?

If there is evidence of both taking away and detaining , two charges should be laid

Answer 6

True

Question 7

In terms of taking away vs detaining

What does R V Crossan show ?

Answer 7

Taking away and detaining are “seperate and distinct offences”

Question 8

R v Wellard

What is the essence of the offence of kidnapping

Answer 8

The essence of kidnapping is

“Deprivation of liberty coupled with a carrying away from the place where the victim wants to be”

Question 9

What does

R V Pryce show?

Answer 9

Detaining is an active concept meaning to “keep in confinement or custody”

This is to be contrasted to the passive concept of “harbouring” or a mere failure to hand over

Question 10

R v cox (consent)

Answer 10

Consent must be “full, voluntary , free and informed …. freely and voluntarily given by a person in a position to for a rational judgement

Question 11

Consent obtained by fraud

Answer 11

Facts / intentions misrepresented

Question 12

With her or her consent obtained by duress

Answer 12

Offenders demands based on fear of the consequences if they refuse

Question 13

Intent

Answer 13

Intention to commit the act
Intention to get a specific result

Deliberate act: more than involuntary or accidental

Intent to produce a result: intent to produce a specific result

Question 14

R v Mohi

Answer 14

The offence is committed at the time of taking away, with the necessary intent

Question 15

Marry

Answer 15

Engage in marriage solemnised in accordance with provisions of marriage act

Question 16

Sexual connection

Answer 16

Introduction into genitalia or anus

Body part or object

Question 17

Ransom

Answer 17

Sum of money demanded or paid for the release of a person being held captive

Question 18

Confine

Answer 18

Restricting movement / curtailing activity

Question 19

What are the ingredients for kidnapping , section 209?

Answer 19

Everyone

Unlawfully

Takes away OR detains

A person

Without consent OR consent obtained by fraud OR consent obtained by duress

Hold for ransom OR service OR Cause to be confined OR imprisoned OR send out of NZ

Question 20

Imprison

Answer 20

Like prison , narrower than confine

Eg boot of a car

Question 21

Sent / taken out of nz

Answer 21

Intent is for victim to leave NZ

sent… victim bye

Taken …. offender takes victim

Question 22

What are the ingredients for

Abduction a young person 210(1)

Answer 22

Everyone

With intent

To deprive a parent / guardian / lawful caregiver of a young Person

Of possession

Of a young person

Question 23

Is the victim of a 210(1) offence the young person or their parents ?

Answer 23

Parents . It is not an offence against the child , but rather against the custodial rights of the parent or guardian

Question 24

Person having lawful care or charge

Answer 24

Parent / guardian / other caregiver

Question 25

Young person

Answer 25

Age under 16

Question 26

What is the case law and definition for proof of age?

Answer 26

“The best evidence possible in the circumstances should be adduced by the prosecution in proof of age”

• birth cert
• mum

Question 27

Define possession using caselaw

Answer 27

R V COX

Two elements to possession:
Physical - actual or potential custody or control

Mental -
Knew having it was an offence
Intended to have possession

Question 28

Takes or entices away or detains

Answer 28

Entice = tempt , persuade , attract

Immaterial if child consents

Question 29

Is consent a defence to charges under section 208-210 when the person taken is under the age of 16?

Answer 29

No . A person under 16 cannot consent to being taken away or stained

Question 30

Is mistake to age a defence ?

Answer 30

No

It is immaterial whether the offender believes the YP to be of or over age of 16