Liability definitions Abduction and Kidnapping

Question 1

Unlawfully

Answer 1

“without lawful justification, authority or excuse”

must include: what shows the unlawfulness

Question 2

Takes away

Answer 2

WELLARD

Question 3

Detains

Answer 3

PRYCE

CROSSAN

Question 4

A person

Answer 4

Gender neutral, proven by judicial notice or circumstantial evidence.

Question 5

without his or her consent

Answer 5

Consent is a person’s conscious and voluntary agreement to do something desired or proposed by another

COX

Question 6

with his or her consent obtained by fraud

Answer 6

Consent obtained by misrepresentation of the facts or the offenders intentions.

Question 7

with his or her consent obtained by duress

Answer 7

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

Question 8

Marry him/ her

Answer 8

Engage in a marriage solemnised in accordance with the provisions of the Marriage Act 1955.

Question 9

To deprive a parent OR guardian OR other person having lawful care or charge of a YP

Answer 9

it is not an offence against the person of the child, but rather against the custodial rights of the parent or guardian.

Depriving a parent of possession may not be the offender’s primary intention, however if they know that their actions will inevitably cause that outcome, then depriving the parent can also be said to have been “intentional”.

Question 10

Possession

Answer 10

R V COX

Question 11

Of the YP

Answer 11

The term “young person” for the purposes of s210 is defined in subs (4) as someone under 16 years old.

FORREST AND FORREST

Question 12

Unlawfully takes OR entices away OR detains the YP

Answer 12

Unlawfully: Without lawful authority

To “entice” means to tempt, persuade, or attract by arousing hope or desire.

Question 13

With intent to

Answer 13

Intent to commit the act intent to achieve a specific result

MOHI
WAAKA