Kidnapping and Abduction Flashcards
Abduction
S208 CA 1961
Unlawfully
Takes away OR detains
A person
Without their consent OR with 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
(c) cause the person to through a form of marriage OR civil union OR to have sexual connection, with some other person
Kidnapping
S209 CA 1961
Unlawfully
Takes away or detains
A person
Without their consent OR with consent obtained by fraud or duress.
With intent to
(a) hold him or her for ransom OR to service OR
(b) cause him or her to be confined OR imprisoned OR
(c) cause him or her to be sent or taken out of NZ
Abduction of a Young Person Under 16
S210(1) CA 1961
With intent to deprive a parent OR guardian OR other person having lawful care or charge of a young person.
Of the possession of the young person.
Unlawfully
Takes away OR detains OR entices away
The young person
R v Crossan
Taking away and detaining are two separate and distinct offences. The first consists of taking away, the second of detaining and holding against their will. When both are present, two charges should be laid.
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”.
R v Pryce
Detaining is an active concept meaning to “keep in confinement or custody”.
Consent
A persons 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 from a person in a position to form a rational judgement. “
Critical question in duress
Is whether the threats, pressure or coercion are such that they destroy the reality of consent and overbear the will of the individual.
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.
Only in abduction liability.
Sexual Connection
As per S2 CA 1961
Sexual connection means a connection effected by the introduction into the genetalia or anus of one person, otherwise than for genuine medical purposes. It further includes connection between the toungue and anus or genetalia.
Imprison
Means to confine as if in prison. Such as locked in small room or boot of car.
Confining
Means to restrict movements to within a geographical area, but also has a wider meaning that includes curtailing their activity and exercising control and influence over them.
R v Forest and Forest
The best evidence possible in the circumstances should be produced by prosecution to confirm victims age.
R v Cox (possession)
Possession involves two elements being physical and mental. Mental being knowledge and intent, with physical being actual or potential possession.
