Violence - Kidnapping and Abduction CIB010

Question 1

Section 208 CA 1961

Answer 1

Abduction

Unlawfully

Takes away or detains

A person

Without their consent or with consent obtained by fraud or duress

With intent to (a) go through a form of marriage or civil union

(b) have sexual connection with the person or

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

14 years

Question 2

Section 209 CA 1961

Answer 2

Kidnapping

Unlawfully

Takes away or detains

A Person

Without their consent or with consent obtained by fraud or duress

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

(b) cause him or her to be confined or imprisoned

(c) cause him or her to be sent or taken out of NZ

14 Years

Question 3

Section 210(1) CA 1961

Answer 3

Abduction of a young person under 16

With intent to deprive

A parent or guardian or other person having the lawful care or charge of a YP

Of the possession of the YP

Unlawfully

Takes away or detains or entices away

The YP

7 Years

Question 4

Section 210(2) CA 1961

Answer 4

Abduction of a Young Person

Receives

A YP

Knowing that he or she has been

unlawfully taken away enticed away or detained

With intent to deprive a parent or guardian or other person having the lawful care or charge of him or her of the possession of him or her.

Question 5

R v Crossan

Answer 5

Taking away and detaining are two distinct offences

Question 6

R v Mohi

Answer 6

The offence is complete at the moment of taking away with the necessary intent

Question 7

R v Pryce

Answer 7

Detaining is an active concept and is to keep someone in confinement or custody

Question 8

R v Wellard

Answer 8

Taking someone away means depriving someone of their liberty and taking them away from a place they want to be

Question 9

R v Waka

Answer 9

Intent can be formed at any time during the taking away. It is sufficient if the intent is formed in the course of the taking away.

Question 10

R v Cox consent

Answer 10

Consent is full, free, fully informed, voluntary… freely and voluntarily given by a person in a position to form a rational judgement.

Question 11

Unlawfully

Answer 11

Without lawful justification, authority or excuse.

Question 12

Taking away

Answer 12

The victim is physically removed from one place to another

Question 13

Detaining

Answer 13

R v Pryce - Detaining is an active concept and is to keep someone in confinement or custody

Question 14

Without consent

Answer 14

Is a conscious and voluntary agreement to do something desired or proposed by another

Question 15

Intent

Answer 15

Only need to prove A - C it is immaterial whether the act was attempted or completed.

Question 16

Sexual connection

Answer 16

The introduction except for some medical purpose.

into the genitalia or anus of one person of to a part of the body of another person or an object held or manipulated by another person

or any connection between the mouth or tongue of one person and a part of another persons genitalia or anus.

Question 17

What the crown must prove

Answer 17

DICK

D- Defendant took away or detained a person
I - It was Intention and unlawful
C - Consent was not obtained
K - Knew that their was no consent and he had intended to (a)(b) or (c)

Question 18

Ransom or service

Answer 18

Ransom means demanding a sum of money for the release

Service means a form of slavery, forced labour or servitude.

Question 19

Confining

Answer 19

Restricting the movements within a geographical area or curtailing a persons activity or exercising control over them.

Question 20

Imprisoned

Answer 20

Narrower meaning than confined and includes holding them in a locked room or boot of a car.

Question 21

R v Forrest and Forrest

Answer 21

The best evidence possible should be adduced by the prosecution in proof of the victims age.

Question 22

Receives

Answer 22

To be given, presented with

Question 23

Age of YP

Answer 23

in this case under 16

Question 24

Enticing

Answer 24

Means to tempt, persuade or attract by arousing hope or desire

Question 25

Simester and Brookbanks

Answer 25

Believing something that is wrong but cannot know something that is false.

Question 26

Not a defence if

Answer 26

The YP consented or suggest it
If they believed the YP was over 16

NOT A DEFENCE

Question 27

Section 210A Defence

Answer 27

It is a defence if the person claims in good faith a right to possession of the YP. This is a question for the jury.