Kidnapping/abduction Liabilities

Question 1

Abduction for purposes of marriage or civil union or sexual connection - Act, Section and Penalty

Answer 1

CA 1961
s.208 (a) or (b) or (c)
14 years

Question 2

Kidnapping - Act, Section and Penalty

Answer 2

Crimes Act 1961
s. 209 (a) or (b) or (c)
14 Years

Question 3

Abduction for purposes of marriage or civil union or sexual connection - Liability

Answer 3

1. Unlawfully
2. Takea Away or Detains
3. A person
4. Without their consent OR with consent obtained by fraud or duress
5. 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

Question 4

Kidnapping - Liability

Answer 4

1. Unlawfully
2. Takes Away or Detains
3. A person
4. Without their consent OR with consent obtained by fraud or duress
5. 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

Question 5

Definition of Unlawfully

Answer 5

Without lawful justification, authority or excuse

Question 6

R v Crossan - Taking away and detaining

Answer 6

are “separate and distinct offences. The first consists of taking (the victim) away; the second of detaining them.

Question 7

R v Wellard - Takes Away

Answer 7

“deprivation of liberty couples with a carrying away from the place where the victim wants to be.”

Question 8

R V Pryce - Detains

Answer 8

“keep in confinement or custody”.

Question 9

Consent

Answer 9

A persons conscious and voluntary agreement to something desired or proposed by another

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 form a rational judgement”.

Question 11

To obtain consent by fraud

Answer 11

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

Question 12

To obtain consent by Duress

Answer 12

Consent obtained by actual or implied threat of force or fear .. pressure or coercion.

Question 13

CA 1961, s. 209A

Answer 13

For purposes of 208 and 209, A child under 16 years old cannot consent to being taken away or detained

Question 14

R v Mohi - intent

Answer 14

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

Question 15

Marry

Answer 15

In this context the term “to marry” means to engage in a marriage solemnised in accordance with the provisions of the Marriage Act 1955.

Question 16

Crimes Act 1961, s. 2 - sexual connection

Answer 16

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)

Question 17

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

Answer 17

Abductor enables another person to marry them

Or

Abductors intent is to enable another person to have sexual connection with the victim

Question 18

Ransom

Answer 18

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

Question 19

Service

Answer 19

Hold as a servant or slave

Question 20

Confined

Answer 20

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

Question 21

Imprisoned

Answer 21

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

Question 22

Sent out of NZ

Answer 22

To leave NZ often on their own (result of threats)

Question 23

Taken out of NZ

Answer 23

Taken suggests victim in company or custody of a person accompanying them out of NZ

Question 24

Person

Answer 24

Gender neutral. Proven by judicial notice or by circumstantial evidence

Question 25

s210A

Answer 25

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

Question 26

S210(1) - Abduction of a young person under 16

Answer 26

With intent to deprive a parent ….. of the possession of the young person

Unlawfully

Takes away or entices away or detains

The young person