Kidnapping/abduction Liabilities Flashcards
Abduction for purposes of marriage or civil union or sexual connection - Act, Section and Penalty
CA 1961
s.208 (a) or (b) or (c)
14 years
Kidnapping - Act, Section and Penalty
Crimes Act 1961
s. 209 (a) or (b) or (c)
14 Years
Abduction for purposes of marriage or civil union or sexual connection - Liability
- Unlawfully
- Takea Away or Detains
- A person
- Without their consent OR with consent obtained by fraud or duress
- With intent to:
A. Go through a form of marriage or civil union or
B. Have sexual connection with the person or
C. Cause the person to go through a form of marriage or civil union, or to have sexual connection with some other person
Kidnapping - Liability
- 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 OR
B. cause him or her to be imprisoned or confined OR
C. cause him or her to be sent or taken out of NZ
Definition of Unlawfully
Without lawful justification, authority or excuse
R v Crossan - Taking away and detaining
are “separate and distinct offences. The first consists of taking (the victim) away; the second of detaining them.
R v Wellard - Takes Away
“deprivation of liberty couples with a carrying away from the place where the victim wants to be.”
R V Pryce - Detains
“keep in confinement or custody”.
Consent
A persons conscious and voluntary agreement to something desired or proposed by another
R v Cox - consent
Consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgement”.
To obtain consent by fraud
Consent obtained by the misrepresentation of the facts or the offenders intentions
To obtain consent by Duress
Consent obtained by actual or implied threat of force or fear .. pressure or coercion.
CA 1961, s. 209A
For purposes of 208 and 209, A child under 16 years old cannot consent to being taken away or detained
R v Mohi - intent
The offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent. It has been regarded as necessary… that the Crown should show the intent was carried out
Marry
In this context the term “to marry” means to engage in a marriage solemnised in accordance with the provisions of the Marriage Act 1955.
Crimes Act 1961, s. 2 - sexual connection
Means:
(a) connection effected by the introduction into the genitilia or Anus of one person, otherwise than for genuine medical purposes, of -
(i) a part of the body of another person; or
(ii) an object held or manipulated by another person; or
(b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus; or
(c) the continuation of connection of a kind described in paragraph (a) or (b)
Cause to be married or have sexual connection with some other person
Abductor enables another person to marry them
Or
Abductors intent is to enable another person to have sexual connection with the victim
Ransom
A sum of money demanded or paid for the release of a person being held captive
Service
Hold as a servant or slave
Confined
Restricting their movements to within a geographical area also includes curtailing their activity and exercising control and influence over them
To cause means the offender doesnt have to directly effect the confinement themselves
Imprisoned
To be held as if in prison - has a narrower meaning than confine and may apply in situations where the victim is locked in a room or boot of a car
Sent out of NZ
To leave NZ often on their own (result of threats)
Taken out of NZ
Taken suggests victim in company or custody of a person accompanying them out of NZ
Person
Gender neutral. Proven by judicial notice or by circumstantial evidence
s210A
Good Faith Defence - person claiming in good faith q right to the possession of a young person under 16 cannot be convicted of an offence against 209 or 210
S210(1) - Abduction of a young person under 16
With intent to deprive a parent ….. of the possession of the young person
Unlawfully
Takes away or entices away or detains
The young person
