Kidnapping / Abduction Flashcards
What section of the crimes act is abduction?
208
What section of the crimes act is kidnapping ?
209
What section of the crimes act is abduction of YP
210
What are the ingredients of abduction (section 208 CA 1961)?
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
Unlawfully
Without lawful justification or excuse
True or false ?
If there is evidence of both taking away and detaining , two charges should be laid
True
In terms of taking away vs detaining
What does R V Crossan show ?
Taking away and detaining are “seperate and distinct offences”
R v Wellard
What is the essence of the offence of kidnapping
The essence of kidnapping is
“Deprivation of liberty coupled with a carrying away from the place where the victim wants to be”
What does
R V Pryce show?
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
R v cox (consent)
Consent must be “full, voluntary , free and informed …. freely and voluntarily given by a person in a position to for a rational judgement
Consent obtained by fraud
Facts / intentions misrepresented
With her or her consent obtained by duress
Offenders demands based on fear of the consequences if they refuse
Intent
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
R v Mohi
The offence is committed at the time of taking away, with the necessary intent
Marry
Engage in marriage solemnised in accordance with provisions of marriage act
Sexual connection
Introduction into genitalia or anus
Body part or object
Ransom
Sum of money demanded or paid for the release of a person being held captive
Confine
Restricting movement / curtailing activity
What are the ingredients for kidnapping , section 209?
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
Imprison
Like prison , narrower than confine
Eg boot of a car
Sent / taken out of nz
Intent is for victim to leave NZ
sent… victim bye
Taken …. offender takes victim
What are the ingredients for
Abduction a young person 210(1)
Everyone
With intent
To deprive a parent / guardian / lawful caregiver of a young Person
Of possession
Of a young person
Is the victim of a 210(1) offence the young person or their parents ?
Parents . It is not an offence against the child , but rather against the custodial rights of the parent or guardian
Person having lawful care or charge
Parent / guardian / other caregiver
Young person
Age under 16
What is the case law and definition for proof of age?
“The best evidence possible in the circumstances should be adduced by the prosecution in proof of age”
- birth cert
- mum
Define possession using caselaw
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
Takes or entices away or detains
Entice = tempt , persuade , attract
Immaterial if child consents
Is consent a defence to charges under section 208-210 when the person taken is under the age of 16?
No . A person under 16 cannot consent to being taken away or stained
Is mistake to age a defence ?
No
It is immaterial whether the offender believes the YP to be of or over age of 16
