Notes - Abduction Kidnapping Flashcards
3 intents for kidnapping
Intent to hold for ransom/ service
Intent to cause him/her confined/imprisoned
Intent to cause him/her to be sent/taken out of NZ
Under s210A CA61, state statutory defence for Kidnapping and Abduction
A person who claims in good faith - right to possession for an YP u16, cannot be convicted under this section because they get possession of the YP
What was held in R v Crossan with regard to taking away and detaining ?
Taking away and detaining are separate offences
The first consist of taking away, offence is complete then the prisoner took the women against her will. Then having taken her away, detained her against her will and conduct in detaining her. Consisted a new and different offence.
What must be proved ?
Defendant took away of detained a person
Taking or detention was intentional or deliberate
Taking or detention was unlawful
Taking or detention was without that person consent
R v Waaka
Intent may be formed at any time during the taking away.
If a taking away commences without intent to have intercourse, but that intent is formed during the taking away, then that is sufficient for the purposes of the section
R v M
Must prove that the accused intended to take away or detain the complainant and that he or she knew that the complainant was not consenting
For a conviction under s210 (Abduction YP u16) Crown must prove ?
• Defendant Took Enticed or Detained (TED) a person under 16
• the (Taking. ED) was intentional
• the TED was from a person who had lawful, care, or charge of the young person
• the defendant knew the other person had lawful care, or a charge of the YP
• the TED was unlawful and
• done with the intent to deprive a parent, guardian or other person having lawful cate or charge of the YP of possession of that YP
For a conviction s210(2) Receiving a YP. The Crown must prove
• Defendant received a person u16
• Receiving g was deliberate and intentional
• Defendant knew the YP had been unlawfully TED by another from a parent, guardian or other person having lawful care or charge of YP of the possession of that YP; and
• defendant intended by reason of the receiving to deprive a parent, guardian or other person having lawful care or charge of YP of the possession of that YP
Can a young person consent to being taken away for the purpose of s209-210.
Child u16 cannot consent to being taken away of detained.
It is immaterial whether the offender believes the YP consents, or is taken or goes or is received at his/her own suggestion
What happens if a father takes a child when the mother has custody of them ?
A parent may commit an offence of abduction (intent) in respect of their own child where their actions are unlawful e.g. court order
Define consent as set out in R v Cox
Consent must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to form a rationale judgment
In relation to takes away and details which of the following is correct ?
Detains and takes away are different therefore create different offences
A child in the legal custody of her mother has an argument with her mother. She calls her father and tells him to pick her up. He agrees and pick her up.
What offence has the father committed ?
Abduction of a child as he has deprived the mother of possession
Mum has legal custody of her 15yr old. They had an argument and 15yr old calls Dad and asked to be picked up. Dad agreed and picked her up keeping her with him for a few days before giving her back to Mum. Is Dad guilty abduction ?
Yes, because he has deprived the person with lawful care Mum of possession of the young person. It does not have to be permanently deprived.
