Abduction / Kidnapping

Question 1

Abduction

Answer 1

Section 208 (a) or (b) or (C) CA 1961

• Unlawfully
• Takes away or Detains
• Any person
• Without their consent or consent obtained by fraud or duress
• with intent to:

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

Question 2

Kidnapping

Answer 2

Section 209 (a) or (b) or (c) CA 1961

• Unlawfully
• Takes away or detains
• A person
• Without their consent or consent obtained by fraud or duress
• With intent to:

(a) Hold for ransom or service
(b) Cause to be imprisoned or confined
(c) Cause to be sent or taken out of New Zealand

Question 3

Define Unlawfully

Answer 3

Without lawful justification or excuse

Question 4

R v Crossan

Answer 4

Takes away and detained are “separate and distinct offences”.

Question 5

Define Takes Away

Answer 5

Physically removed from one place.

Question 6

R v Wellard

Answer 6

Kidnapping is a Loss of liberty and taking from place victim wants to be. Time and distance are not an issue.

Question 7

R v Pryce

Answer 7

Detains is an active concept. “Keep in confinement or custody”.

Question 8

Define Consent

Answer 8

Conscious and voluntary agreement to something desired or proposed

Question 9

R v Cox

Answer 9

Consent must be full, voluntary, free and informed. Freely and voluntarily given by a person in a position to form a rational judgement.

Question 10

Define Fraud

Answer 10

Deceiving the victim by misrepresenting the facts.

Question 11

Define Duress

Answer 11

An agreement based on fear of refusal

Question 12

What is section 209A CA 1961

Answer 12

A young person (0-15) cannot consent to being taken away or detained.

Question 13

Define Intent

Answer 13

An intent to do a deliberate act with intent to get a specific result.

Question 14

Define Sexual Connection

Answer 14

Introduction into genitalia or anus by another person, other than for medical purpose or using part of their body or object manipulated.

Question 15

R v Mohi

Answer 15

The offence is committed at the time of the taking as long as the offender has the necessary intent.

Question 16

Define Ransom

Answer 16

Money demanded or paid for release

Question 17

Define Service

Answer 17

Hold as a servant or slave

Question 18

Defence to section 210A

Answer 18

A person who claims in good faith a right to the possession of a young person under the age of 16 years cannot be convicted.

Question 19

R v Chartrand

Answer 19

Depriving might not be primary intent, however its sufficient if the actions are likely to result in depriving.

Question 20

Possession

R v Cox

Answer 20

Possession has two elements:

1. ) actual or potential physical custody or control.
2. ) Knowledge of the object and an intent to exercise control over it.

Question 21

What must you consider in relation to consent obtained by duress

Answer 21

Whether the threats, pressure or coercion are such that they destroy the reality of consent and overbear the will of the individual

Question 22

R v Waaka

Answer 22

Intent may be formed at any time during the taking away It is not necessary that the intent was formed beforehand.

Question 23

R v M

Answer 23

The crown must prove that the accused intended to take away or detain the complainant and that he or she knew that the complainant was not consenting.