Part 3: Abduction and Kidnapping

Question 1

Section 208, Crimes Act 1961
Abduction for purposes of marriage or civil union or sexual connection

Everyone is liable to imprisonment for a term not exceeding 14 years who unlawfully takes away or detains a person (P) without P’s consent or with P’s consent obtained by fraud or duress, — a, b, c?

Answer 1

(a) with intent to go through a form of marriage or civil union with P; or

(b) with intent to have sexual connection with P; or

(c) with intent to cause P to go through a form of marriage or civil union, or to have sexual connection, with some other person.

Question 2

Outline takes away using R v Wellard

Answer 2

Wellard:
Kidnapping is the “deprivation of liberty coupled with a carrying away from the place where the victim wants to be”.

Question 3

Taking away vs detaining - they are seperate offences and should be just separately.

Outline R v Crossnan on the issue

Taking away and detaining are “separate and distinct offences.

Prisoner example

Answer 3

Taking away and detaining are “separate and distinct offences. The first consists of taking [the victim] away; the second of detaining her.

The first offence was complete when the prisoner took the woman away against her will. Then, having taken her away, he detained her against her will, and his conduct in detaining her constituted a new and different offence.”

Question 4

Outline Detains using R v Pryce

Confinement or Custody

Active concept vs Passive concept.. CC vs H FH

Answer 4

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.

Question 5

Consent R v Cox

Answer 5

Consent must be “full, voluntary, free and informed given by a person in a position to form a rational judgment.”

Question 6

Consent obtained by fraud or durress

Answer 6

deceiving the victim into agreeing to a proposition by misrepresenting the facts or their intentions.

acquiesce to an offender’s demands based on fear of the consequences if they refuse.

Question 7

R v Mohi on the completion of the offence

The offence is complete once there has been a period

Answer 7

The offence is complete once there has been a period of detention or a taking accompanied by the necessary intent, regardless whether intent was carried out.

Question 8

R v Waaka on intent being formed at any time?

Intent to have intercourse

Answer 8

Intent to have intercourse may be formed at any time during the taking away. Even if taking away commences without the intent.

Question 9

Section 209, Crimes Act 1961
Kidnapping

Everyone is liable to imprisonment for a term not exceeding 14 years who unlawfully takes away or detains a person (P) without P’s consent or with P’s consent obtained by fraud or duress, — a, b, c?

Answer 9

(a) with intent to hold him or her for ransom or to service; or

(b) with intent to cause him or her to be confined or imprisoned; or

(c) with intent to cause him or her to be sent or taken out of New Zealand.

Question 10

What must the Crown prove in kidnapping- R v M

Answer 10

That the accused intended to take away or detain the complainant and that he knew that the complainant was not consenting:

Question 11

Ransom

Service

Confined

Imprisoned

Answer 11

Ransom - sum of money demanded or paid for release

Service - Servant or slave

Confined - Restricitng movement, exercising control or influence

Imprisoned - LOCKED AWAY