Kidnapping/Abduction

Question 1

Abduction

Answer 1

Section 208, CA 1961

• 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, or
  (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

Question 2

Kidnapping

Answer 2

Section 209, CA 1961

• Unlawfully
• takes away or detains
• a person
• without their consent or with consent obtained by fraud or duress
• with intent to;
  (a) hold them for ransom or to service, or
  (b) cause them to be confined or imprisoned, or
  (c) cause them to be sent or taken out of NZ

Question 3

Abduction of a Young Person Under 16

Answer 3

Section 210(1), CA 1961

• with intent to deprive a parent or guardian or other person having the lawful care or charge of a young person
• of the possession of the young person
• unlawfully takes away or entices away or detains
• the young person

Question 4

Abduction of a Young Person Under 16 (s.210(2))

Answer 4

• receives
• a young person
• knowing that they have been unlawfully taken away or enticed away or detained
• with intent to deprive a parent or guardian or other person having the lawful care or charge of them of the possession of them (the child)

Question 5

R v CROSSAN

Answer 5

“Taking away and detaining are “separate and distinct offences”

Question 6

R v WELLARD

Answer 6

“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 7

R v PRYCE

Answer 7

“Detaining is an active concept meaning to ‘keep in confinement or custody’. Contrasted to the passive concept of ‘harbouring’ or mere failure to handover”

Question 8

BOYD v R

Answer 8

“The accused’s actions had detained the woman as he had ‘taken over control’ of the victim”

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

HIRANI v HIRANI

Answer 10

“duress may arise from the actual or implied threat of force to the victim or another person, but can also include other forms of pressure or coercion”

Question 11

R v MOHI

Answer 11

“The offence is committed at the time of taking away, so long as there is the necessary intent”

Question 12

R v WAAKA

Answer 12

“Intent may be formed at any time during the taking away. If a taking away commences before the intent is formed, but the intent is formed during the taking away, that is sufficient”

Question 13

R v CHARTRAND

Answer 13

“It is not necessary to prove the accused intended a permanent deprivation”

Question 14

R v FORREST & FORREST

Answer 14

“The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age”