KIDNAPPING/ABDUCTION Liabilities

Question 1

ABDUCTION

Answer 1

Section 208 CA 1961

• Unlawfully
  Def - without lawful justification or excuse ( taken against thier will)
• Takes away OR Detains

R V Wellard - deprivation of liberty couple with a carrying away from the place where the victim wants to be.

Takes away - victim is physically removed from one place to another

Detains
R V PRYCE to keep in confinement or custody

• A person

Without thier consent OR with thier 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

Without thier consent
R V Cox - Consent must be given freely and voluntarily

With thier consent obtained by fraud OR duress
Fraud - deceive the victim (pretend to be someone else)
Duress - based on fear of the consequences if they refuse to

With intent
Intent means an intention to commit an act and an intention to get a specific result R V COLLISTER (surrounding circumstances etc)

R V Mohi - The offence is committed at the time of taking away with necessary intent.

With into to go through form of marriage or civil union with the person

With intent to have sexual connection with the person

Sexual connection means
a) connection effected by the introduction into the genitalia or anus of one person, otherwise 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 persons genitalia or anus
C) the continuation of connection of a kind described in a or b

With intent to cause the person to go through a form of marriage or civil union OR to have sexual connection with some other person

A combination of both. Victim is abducted to give to someone else to have a sexual connection with

Question 2

KIDNAPPING

Answer 2

Section 209 CA 1961

• Unlawfully
• Takes away OR Detains
• A person
• Without thier consent OR with thier consent obtained by fraud or duress

With intent to
a) Hold him or her for ransom or to service
b) Cause him or her to be confined or imprisoned
c) Cause him or her to be sent or taken out of New Zealand

Unlawfully
Def - without lawful justification or excuse ( taken against thier will)

• Takes away OR Detains
  R V Wellard - deprivation of liberty couple with a carrying away from the place where the victim wants to be.

Takes away - victim is physically removed from one place to another

Detains
R V PRYCE to keep in confinement or custody

Without thier consent
R V Cox - Consent must be given freely and voluntarily

With thier consent obtained by fraud OR duress
Fraud - deceive the victim (pretend to be someone else)
Duress - based on fear of the consequences if they refuse to

With intent
Intent means an intention to commit an act and an intention to get a specific result R V COLLISTER (surrounding circumstances etc)

R V Mohi - The offence is committed at the time of taking away with necessary intent.

To hold him or her for ransom
A ransom is a sum of money demanded or paid for the release of a person being held captive

To hold him or her to service
The offenders intent is to keep the victim as a servant or slave

With intent to cause him or her to be confined
Restricting thier movements to within a geographical area. Exercising control and influence over them

With intent to cause him or to be imprisoned
Locked in a room or boot of car

With intent to cause him or her to sent or taken out of NZ
Sent - victim leaves country on thier own
Takes - is taken with another out of the country

Question 3

ABDUCTION OF A YOUNG PERSON UNDER 16 (Not liability)

Answer 3

Section 210 (1)

• With intent to deprive
  A parent OR guardian OR other person having the lawful care or charge of a young person
• Of the possession of the young person
• unlawfully
  Takes away OR entices away OR detains
• The young person

Question 4

ABDUCTION OF A YOUNG PERSON UNDER 16 210 (2)
(Not liability)

Answer 4

Section 210 (2)

• Receives
• A young person
• Knowing that he or she has been
  Unlawfully taken away OR enticed away OR detained
• With intent to deprive the parent or guardian or the other person having the lawful care or charge of him or her of the possession of him or her