Questions Part 3 (page 73 - 93) abduction and kidnapping

Question 1

*What elements must be proved for a charge under s208?

Answer 1

1. The defendant took away or detained a person
2. The taking or detention was intentional or deliberate
3. The taking or detention was unlawful
4. The taking or detention was without that person’s consent (or with consent induced by fraud or duress)
5. The defendant knew that there was no consent to the taking or detention and
6. The defendant intended to
   a) Marry the person
   b) Have sexual connection with person
   c) cause the person to marry another person or have sexual connection with another person

Question 2

*Define ‘unlawful’

Answer 2

Without lawful justification, authority or excuse

Question 3

*If there is evidence of taking away AND detaining what should you do?

Answer 3

File two charges. They are distinct and separate acts

Question 4

What must be proved under s209?

Answer 4

1. Defendant took away or detained a person
2. Taking or detention was intentional or deliberate
3. Taking or detention was unlawful
4. Taking was done without that person’s consent (or with consent induced by fraud or duress)
5. The Defendant knew that there was no consent to the taking or detention
6. The Defendant intended to:
   a) Hold the person for ransom or to service; or
   b) Cause the person to be confined or imprisoned; or
   c) Cause the person to be sent or taken out of NZ

Question 5

*Define ‘ransom’

Answer 5

A sum of money demanded or paid for the release of a person being held captive

Question 6

What is ‘intent to hold to service’?

Answer 6

This provision relates to situations where the offenders intent is to keep the victim as a servant or slave

Question 7

Discuss the words ‘confine’ and ‘imprison’

Answer 7

To “imprison” has a narrower meaning than “confined”

Question 8

*For a conviction under s210(1) of the CA 1961 the crown must prove that:

Answer 8

1. The defendant took, enticed or detained a person under the age of 16
2. The taking, enticement or detention was deliberate or intentional
3. The taking, enticement or detention was from a person who had lawful care of the young person
4. The defendant knew the other person had lawful care of the young person
5. The taking, enticement or detention was “unlawful” and
6. It was done with intent to deprive a parent, guardian or other person having lawful care or charge of the young person of possession of that YP

Question 9

*For a conviction under 210(2) the Crown must prove that:

Answer 9

1. The defendant received a person under the age of 16
2. the receiving was deliberate or intentional
3. The defendant knew the young person had been unlawfully taken or enticed away or detained by another from a parent, guardian or other person having lawful care or charge of the possession of the YP
4. The defendant intended by reason of receiving to deprive a parent, guardian or other person having lawful care or charge of him or her of the possession of that young person

Question 10

*Is it necessary to prove the accused intended a permanent deprivation?

Answer 10

No

Question 11

*Define ‘young person’

Answer 11

Someone under 16

Question 12

*What two things are NOT a defence to 210

Answer 12

• Whether or not the young person consents

- The offender believes the YP to be of or over 16

Question 13

What IS a defence to 210?

Answer 13

Good faith in possession of a YP