Violence - Kidnapping and Abduction CIB010 Flashcards
Section 208 CA 1961
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
Section 209 CA 1961
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
Section 210(1) CA 1961
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
Section 210(2) CA 1961
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.
R v Crossan
Taking away and detaining are two distinct offences
R v Mohi
The offence is complete at the moment of taking away with the necessary intent
R v Pryce
Detaining is an active concept and is to keep someone in confinement or custody
R v Wellard
Taking someone away means depriving someone of their liberty and taking them away from a place they want to be
R v Waka
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.
R v Cox consent
Consent is full, free, fully informed, voluntary… freely and voluntarily given by a person in a position to form a rational judgement.
Unlawfully
Without lawful justification, authority or excuse.
Taking away
The victim is physically removed from one place to another
Detaining
R v Pryce - Detaining is an active concept and is to keep someone in confinement or custody
Without consent
Is a conscious and voluntary agreement to do something desired or proposed by another
Intent
Only need to prove A - C it is immaterial whether the act was attempted or completed.
Sexual connection
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.
What the crown must prove
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)
Ransom or service
Ransom means demanding a sum of money for the release
Service means a form of slavery, forced labour or servitude.
Confining
Restricting the movements within a geographical area or curtailing a persons activity or exercising control over them.
Imprisoned
Narrower meaning than confined and includes holding them in a locked room or boot of a car.
R v Forrest and Forrest
The best evidence possible should be adduced by the prosecution in proof of the victims age.
Receives
To be given, presented with
Age of YP
in this case under 16
Enticing
Means to tempt, persuade or attract by arousing hope or desire
Simester and Brookbanks
Believing something that is wrong but cannot know something that is false.
Not a defence if
The YP consented or suggest it
If they believed the YP was over 16
NOT A DEFENCE
Section 210A Defence
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.
