Kidnapping And Abduction

Question 1

208 Crimes Act 1961

Answer 1

ABDUCTION
Unlawfully
Takes Away or Detains
A person
Without Consent or Consent obtained by fraud or duress
With the Intent to
(i) go through a form of marriage or civil union
(ii) have a sexual connection
(iii) cause the person to go through a form of marriage or civil union or to have a sexual connection, with some other person

Question 2

209 Crimes Act 1961

Answer 2

KIDNAPPING
Unlawfully
Takes Away or Detains
A Person
Without consent or with Consent obtained by fraud or duress
With the intent to
(i) hold him or her for ransom or service
(ii) cause him or her to be confined or imprisoned
(iii) cause him or her to be sent or taken out of New Zealand

Question 3

Unlawfully

Answer 3

Without lawful justification, authority or excuse

Question 4

Takes Away

Answer 4

Victim physically removed from one place to another

Question 5

Detains

Answer 5

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

Question 6

Detain CL

Answer 6

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

Consent

Answer 7

Consent is a persons conscious and voluntary agreement to something desired or proposed by another

Question 8

CONSENT CL

Answer 8

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 judgement

Question 9

Takes Away CL

Answer 9

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 10

INTENT - Abduction CL

Answer 10

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 11

Sexual Connection

Answer 11

A connection effected by the introduction into the genitalia or anus of one person, otherwise than for medical purposes
(i) a part of the body of another person; or
(ii) an object held or manipulated by another person

Question 12

Ransom

Answer 12

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

Question 13

Service

Answer 13

Keep the victim as a servant or slave

Question 14

Confining

Answer 14

Restricting movements or curtailing their activity and exercising control and influence over them

Question 15

Imprison

Answer 15

To put them in prison or to confine them as if in prison

Question 16

Section 210(1) Crimes Act 1961

Answer 16

With Intent to deprive
- A parent
- Guardian
- Other person having the lawful care or charge of a young person
Unlawfully
- Takes away
- entices away
- detain
The young person

Question 17

Entice

Answer 17

Means to tempt, persuade, or attract by arousing hope or desire

Question 18

Abduction YP CL

Answer 18

R v CHARTRAND
Whether the defendant may have had an innocent motive or intended to interfere with possession for a very short period of time is beside the point