Kidnapping And Abduction

Question 1

Elements of abduction

Answer 1

Section 208 crimes act 1961

• unlawfully
• takes away or detains
• a person
• without their consent or with consent obtained by fraud or duress
• with intent to
  
  • go through a form or marriage or civil union or
  • have sexual connection with the person or
  • cause the person to go through a form of marriage or civil union or to have sexual connection, with some other person

Question 2

Elements of kidnapping

Answer 2

• unlawfully
• takes away or detains
• a person
• without their consent or with consent obtained by fraud or duress
• with intent to
  
  • hold him or her for ransom or to service or
  • cause him or her to be confined or imprisoned; or
  • cause him or her to be sent or taken out of New Zealand

Question 3

Elements of abduction of a young person (1)

Answer 3

• 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

Elements of abduction of a young person (2)

Answer 4

• received
• a young person
• knowing that he or she has been
  
  • unlawfully taken away or
  • enticed away or
  • detained
• with intent to deprive a parent or guardian or other person having the lawful care or charge of him or her of the possession of him or her

Question 5

R v Crossan

Answer 5

There are distinct difference between taking away and detaining.

In this case the first offence was taking away and was complete when taking against will. Second (separate offence) is when the detention occurs and constitutes a new offence

Question 6

R v wellard

Answer 6

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 7

R v Pryce

Answer 7

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 8

R v Cox

Answer 8

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

Note : should know this verbatim.

Question 9

R v Mohi

Answer 9

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 10

R v Forrest and Forrest

Answer 10

The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victims] age

Question 11

R v Cox - possession

Answer 11

Possession involves two elements. First is often called physical element and second mental element. Mental is a combination of knowledge and intention.

Question 12

Definition of confined

Answer 12

Restricting their movements to within a geographical location or can include curtailing their activity and exercising control and influence over them.

Question 13

Definition of ransom

Answer 13

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

Question 14

Sent vs taken

Answer 14

Sent - under this provision, the offenders intent is for the victim to leave NZ.

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

Question 15

Unlawful definition

Answer 15

Without lawful justification of excuse

Question 16

Definition of detains

Answer 16

An active concept rather than a passive one. It involves doing something to impose a constraint or restraint on the person detained.