Kidnapping/abuction Flashcards
Liabilities
What is the section, Act and penalty for Abduction?
Section 208
Crimes Act 1961
Penalty-14 years
What are the elements for abduction, s208?
1- unlawfully
2- takes away OR detains
3- a person
4- without his or her consent OR
With his or her consent obtained by fraud or duress
5- 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
What is the definition of sexual connection - sec. 2 Crimes Act 1961
(a) connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purpose of-
I) a part of the body of another person or
Ii) an object manipulated by another person; or
(b) connection between the mouth or tounge of one person and a part of another person’s genitalia or anus;or described in
(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b)
What is the section, Act and penalty for kidnapping?
Section 209 (a) or (b) or (c)
Crimes Act 1961
Penalty - 14 years
What are the elements for kidnapping 209(a)or (b)or (c)?
1- unlawfully
2- takes away OR detains
3- a person
4- without his or her consent OR
With his or her consent obtained by fraud or duress
5- 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
What is the definition of detains?
Detaining is an active concept of imposing a restraint or constraint on the person detained.
R V Pryce:active concept meaning to
“keep in confinement or custody” is to be contrasted to the passive concept of “harbouring” or mere failure to hand over
What is the definition of takes away?
Taking away is where the victim is physically removed from one place to another.
R V Wellard: “deprivation of liberty coupled with carrying away from the place where the victim wants to be”
What needs to be proved in s210 (2)
R- Received a person under the age of 16
D- deliberate and intentionally received the yp
K- knew the yp has been taken unlawfully, enticed, detained from person lawful care or charge of yp and possession of yp
I- intended by reason of the receiving to deprive a parent caregiver or person with lawful care or charge of yp
What needs to be proved s210(1)
T- took, enticed or detained a person under 16
D- the taking etc was deliberate or intentional
F- the taking etc was from a person who had lawful care or charge of yp
K- knew the other person had lawful care or charge of yp
U- the taking was unlawful
I- intent to deprive a parent guardian or other person having lawful care or charge of the yp of possession of him/her(yp)
What is the Act and section for Abduction of a young person under 16
S210 CA61
(1) takes, entices, detains
And
(2)receives
