Liability 208 (a) or (b) or (c)

Question 1

Abduction

Section and Penalty

Answer 1

Section 208(a) or (b) or (c) Crimes Act 1961

14 Years Imprisonment

Question 2

Abduction

Ingredients

Answer 2

.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

Question 3

.1 Unlawfully

Answer 3

Without lawful justification, authority or excuse.

Question 4

.2 Takes away

OR

Detains

Answer 4

Takes away and detains are “separate and distinct offences”. The first consists of taking the victim away. The second of detaining them.
R v Crossan

_____

Takes away:
The essence of the offence of kidnapping is the deprivation of liberty coupled with carrying from the place where the victim wants to be.
R v Wellard

OR

Detains:
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.
R v Pryce

Question 5

.3 A person

Answer 5

Gender neutral, proven by judicial notice and circumstantial evidence.

Question 6

.4 Without his or her consent

OR

With his or her consent obtained by fraud or duress

Answer 6

Consent:
A person conscious and voluntary agreement to something desired proposed by another.

_____

Consent must be full, voluntary, free and informed. Freely and voluntarily given by a person in a position to form a rational judgement.
R v Cox

_____

Consent by fraud:
Consent obtained by the misrepresentation of the facts or the offender’s intentions.

OR

Consent by duress:
Consent obtained by actual or implied threat of force to the victim or another person. Can include other forms of pressure or coercion.

_____

A child under the age of 16 years cannot consent to being taken away or detain.
Sec. 209A, Crimes Act 1961

Question 7

.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 another person

Answer 7

Intent:
In the criminal law context there are two specific types pf intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

_____

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.
R v Mohi

_____

Marry:
Means to engage in a marriage solemnised in accordance to the Marriage Act 1955.

OR

Sexual Connection:

(a) Connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of -
(i) 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 paragraphs (a) or (b).
Sec. 2, Crimes Act 1961

OR

Cause him or her to be married to or to have sexual connection with some other person:
Abductor takes away or detains a victim to enable another person to marry them.
OR
Offender’s intent is to enable another person to have sexual connection with the victim.