Kidnapping / Abduction Liabilities

Question 1

Abduction

Section, Act, imprisonment

Ingredients

Answer 1

Abduction

Section 208 (a) or (b) or (c), Crimes Act 1961

14 years imprisonment

Ingredients

Unlawfully

Takes Away

or

Detains

A person Gender neutral. Proven by judicial notice or by circumstantially

Without his or her consent

OR

With his or her consent obtained by fraud

or

duress

With intent to

(a) – marry him or her

or

(b) – have sexual connection with him or her

or

(c) – cause him or her to be married to or to have sexual connection with some other person

Question 2

Abduction

Section 208 (a) or (b) or (c), Crimes Act 1961

14 years imprisonment

List the ingredients including the titles of definitions and case law

Answer 2

Abduction

Section 208 (a) or (b) or (c), Crimes Act 1961

14 years imprisonment

Ingredients

Unlawfully

R v Chartrand

Takes Away

R v Crossan

Takes away: R v Wellard

or

Detains

Detains:R v Pryce

A person

Person

Without his or her consent

Consent

R v Cox

(Then either of below if applicable)

With his or her consent obtained by fraud

To obtain consent by fraud:

or

duress

To obtain consent by Duress

Child under 16 cannot consent Sec. 209A, Crimes Act 1961

With intent to

Intent

R v Mohan

R v Waaka

R v Mohi

(a) – marry him or her

Marry

or

(b) – have sexual connection with him or her

Sexual Connection - Sec. 2, Crimes Act 1961

or

(c) – cause him or her to be married to or to have sexual connection with some other person

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

Question 3

Define the case law ingredient Unlawfully

Answer 3

R v Chartrand

Without lawful justification, authority or excuse

Question 4

In the ingredent Takes away discuss the case law R v Crossan

Answer 4

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.

Question 5

What is the case law definition for Takes away

Answer 5

Takes away:

R v Wellard​

The essence of the offence of kidnapping is the “deprivation of liberty coupled with a carrying away from the place where the victim wants to be”.

Question 6

Whats the case law definition for Detains

Answer 6

Detains

R v Pryce

Detaining is an active concept meaning to “keep in confinement or custody.” This is to be contrasted to the passive concept of “harbouring” or mere failure to hand over.

Question 7

Define Consent including relevent case law

Answer 7

Consent

“Consent” is a person’s conscious and voluntary agreement to something desired or proposed by another.

R v Cox

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

Question 8

The ingredient with his or her consent obtained by fraud or duress Define To obtain consent by fraud

Answer 8

To obtain consent by fraud:

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

Question 9

The ingredient with his or her consent obtained by fraud or duress Define To obtain consent by Duress

Answer 9

To obtain consent by Duress:

Consent obtained by actual or implied threat of force to the victim or another person. Can include other forms of pressure or coercion.

Question 10

In relation to Duress explain what a child under 16 cannot do.

Answer 10

Sec. 209A, Crimes Act 1961

A child under the age of 16 years cannot consent to being taken away or detained.

Question 11

Define intent and case law in regards to Abduction

Answer 11

Intent:

Mean to do it, they desire a specific result and act with the aim or purpose of achieving it

R v Mohan

A decision to bring about, in so far as it lies within the accused’s power, the commission of the offence

R v Waaka

A fleeting or passing thought is not sufficient; there must be a firm intent or a firm purpose to effect an act.

R v Mohi

The offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent. It has never been regarded as necessary….that the Crown should show the intent was carried out.

Question 12

Define what is meant by Marry

Answer 12

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.

Question 13

What is the defination for Sexual Connection

Answer 13

Sexual Connection - Sec. 2, Crimes Act 1961

Sexual connection means—

(a) connection effected by the introduction into the genitalia 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 paragraph (b)

Question 14

Discuss the ingredient Cause him or her to be married to or to have Sexual Connection with some other person

Answer 14

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

This relates to situations where the abductor takes away or detains a victim to enable another person to marry them.

OR

Under this provision the offender’s intent is to enable another person to have sexual connection with the victim.

Question 15

Kidnapping

Section, Act, Imprisonment

Ingredients

Answer 15

Kidnapping

Section 209 (a) or (b) or (c), Crimes Act 1961

14 years imprisonment

Ingredients

Unlawfully

Takes Away

or

Detains

A person

Without consent

OR

With consent obtained by fraud or duress

With intent to:

(a) - To hold him or her for ransom or to service

OR

(b) - To cause him or her to be imprisoned or confined

OR

(c) - To cause him or her to be sent or taken out of NZ

Question 16

Kidnapping

Section 209 (a) or (b) or (c), Crimes Act 1961

14 years imprisonment

List the ingredients including the titles of definitions and case law

Answer 16

Kidnapping

Section 209 (a) or (b) or (c), Crimes Act 1961

14 years imprisonment

Ingredients

Unlawfully

R v Chartrand

Takes Away

R v Crossan

Takes away - R v Wellard

or

Detains

Detains - R v Pryce

A person

Person

Without consent

Consent

R v Cox

OR

With consent obtained by fraud or duress

To obtain consent by fraud

To obtain consent by Duress

child under the age of 16 years cannot consent - Sec. 209A, Crimes Act 1961

With intent to:

Intent

R v Mohan

R v Waaka

R v Mohi

(a) - To hold him or her for ransom or to service

Ransom

Service

OR

(b) - To cause him or her to be imprisoned or confined

Confined

Imprisoned

OR

(c) - To cause him or her to be sent or taken out of NZ

Sent out of New Zealand

Taken out of New Zealand

Question 17

In the ingredient a) To hold him or her for ransom or to service

Define Ransom or Service

Answer 17

Ransom:

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

or

Service:

Hold as a servant or slave

Question 18

In the ingredient b) To cause him or her to be imprisoned or confined

Define Confined or imprisoned

Answer 18

Confined:

Restricting their movements to within a geographical area.

or

Imprisoned:

To be held as if in prison

Question 19

In the ingredient c) To cause himor her to be sent or taken out of NZ

Define Sent out of NZ and Taken out of NZ

Answer 19

Sent out of New Zealand

Sent - normal meaning, to be sent outside NZ shores

OR

Taken out of New Zealand

“Taken” suggests victim in company or custody of a person accompanying them out of New Zealand.