Kidnapping

Question 1

Element of Abduction

Answer 1

S208 Crimes Act 1961

1. Unlawfully
2. Takes away OR Detains
3. A person
4. Without their consent OR with consent obtained by fraud or duress
5. With intent to:
   A- go through a gorm of marriage B- have sexual connection with the person
   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

R v Wellard

Answer 2

The essence of the offence of kidnapping is the “deprivation of liberty coupled with a carrying away from the place where the victim wants to be”

Question 3

R v Crossan (kidnapping)

Answer 3

Taking away and detaining are separate and distinct offences.

Question 4

R v Pryce

Answer 4

Detaining is an active concept meaning to keep in confinement or custody.

Question 5

R v Mohi

Answer 5

The offence is committed at the time of taking away, as long as there is intent.

Question 6

What is a ransom?

Answer 6

A ransom is a suk of money demanded or paid for the release of a person being held captive.

Question 7

Abduction

Answer 7

S208 Crimes Act 1961

1. Unlawfully
2. Takes away OR detains
3. A person
4. Without their consent OR With consent obtained by fraud or duress
5. With intent to:
   A- Go through a form of marriage OR civil union
   B- Have sexual connection with that person
   C- Cause the person to go through a form of marriage OR civil union OR to have sexual connection with some other person

Question 8

Abduction of a Young Person

Answer 8

S210(1) Crimes Act

1. With intent to deprive a parent or guardian or other person having the lawful care or charge of a young person.
2. Of the possession of the young person
3. Unlawfully takes away OR Entices away OR detains
4. The young person

Question 9

Definition of Unlawfully

Answer 9

Without lawful justification or excuse

Question 10

Elements of Kidnapping

Answer 10

1. Unlawfully
2. Takes away OR Detains
3. A Person
4. Without their consent OR With consent obtained by fraud or duress
5. 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 New Zealand

Question 11

Abduction of a young Person Under 16

Answer 11

S210(1)

1. With intent to deprive a parent OR Guardian OR other person having the lawful care or charge of a young Person.
2. Of that young person
3. Unlawfully takes away OR entices away OR detains
4. The young person

Question 12

Abduction of a Young Person Under 16 (receiving)

Answer 12

S210(2)

1. Receives
2. A young person
3. Knowing that he or she has been unlawfully taken away OR enticed away OR detained
4. With intent to deprive a parent or guardian or other person having lawful care or charge of him or her of the possession of him or her