Kidnapping and Abduction Flashcards
Penalty
14 Years Imprisonment
Ingredients Abduction for marriage or sexual connection
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WITMHOHOHSCWHOHCHOHTBMTSOPOCTHSCWSOP
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
c) cause him or her to be married to some other person OR cause to have sexual connection with some other person
Case law:
R v Chartrand (Unlawfully)
WLJ, AOE
Without lawful justification, authority or excuse
Case law:
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.
Definition of “Person” under the act
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Gender neutral proven by judicial notice or circumstantial evidence.
Without his or her consent OR
With his or her consent obtained by fraud or duress
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CMBF, V, FAI. FAVGBAPTFARJ
Consent is a persons conscious and voluntary agreement to something desired or proposed by another.
Consent must be full, voluntary, free and informed. Freely and voluntarily given by a person to form a rational judgement.
R v Cox
To Obtain Consent by Fraud
COBTMOTFOTOI
Consent obtained by the misrepresentation of the facts or the offenders intentions.
To obtain consent by Duress
COAOITOFTTVOAP. CIOFOPOC
Consent obtained actual or implied threat of force to the victim or another person. Can include other forms of pressure or coercion.
Sec 209A Crimes Act 1961
Can a child under 16 years consent?
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A child under the age of 16 years cannot consent to being taken away or detained.
With Intent to (a) (b) or (c)
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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
Case law:
R v Mohan
A person does something intentionally if they 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 power, the commission of the offence.
a) Marry him or her
ITC. TMMTEIAMSIAWTPOTMA1955
In this context, “to marry” means to engage in a marriage solemnised in accordance with the provisions of the Marriage Act 1955.
b) Have Sexual Connection With Him or her
CEBTIITGOAOOP, OTFGMPO,
APOTBOAPO; AOHOMBAPO; CBTMOTOOPAAPOAPGOAO; TCOCOAKDIPAOPB
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 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).
c) Cause to be married or have sexual connection with some other person:
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UTP, TOIITEAPTHSCWTV
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 offenders intent is to enable another person to have sexual connection with the victim.
Kidnapping - Section and Act
Sec 209 (a) (b) or (c) Crimes Act 1961