Part 3: Abduction of YP, Misc Provisions

Question 1

Section 210, Crimes Act 1961
Abduction of young person under 16

(1) Every one is liable to imprisonment for a term not exceeding 7 years who,

(2) Every one is liable to imprisonment for a term not exceeding 7 years who

Answer 1

(1) With intent to deprive a parent/guardian having the lawful care or charge of a young person of the possession of the young person, unlawfully takes or entices away or detains the young person.

(2) Receives a young person, knowing that he or she has been unlawfully taken or enticed away or detained with intent to deprive a parent/guardian/ having the lawful care or charge of him or her of the possession of him or her.

Question 2

Section 210, Crimes Act 1961
Abduction of young person under 16
Outline Consent - 210(3)

Define YP (4)

Answer 2

(3) For the purposes of subsections (1) and (2),—
(a) immaterial whether the YP consents, or is taken or goes or is received at his or her own suggestion; and

(b) immaterial whether the offender believes the YP to be 16+.

CONSENT IS NOT A DEFENCE FOR ANYONE UNDER 16 for 208-210

(4) In this section YP = Under 16

Question 3

Proof of age
Forrest v Forrest

Answer 3

“The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.”

Question 4

Section 210A, Crimes Act 1961
Acting in good faith

Answer 4

A person who receives a YP acting in good faith cannot be convicted.

It lies with the prosecution to negate ‘claim of right’ beyond reasonable doubt.