CASELAW: R v WELLARD
Abduction/kidnapping
Carry away from the liberty bell 🔔 to the Well 💧
Essence of kidnapping is the deprivation of liberty coupled with the carrying away from the place the victim wants to be
ELEMENTS: Abduction
CA61
Liability
S208(a),(b),(c)
Unlawfully
Takes away or detains
A person
Without their consent/consent obtained by fraud/duress
With intent to
(a) go through a form of marriage or civil union with person
(b) have sexual connection with person
(c)ause person to go through marriage/civil union/sexual connection with ANOTHER person
ELEMENTS: Kidnapping
CA61 section?
Liability
S209(a),(b),(c)
Unlawfully
Takes away/detains
A person
Without their consent/consent obtained by fraud/duress
With intent to
(a) hold him or her for ransom/to service
(b) cause him or her to be confined or imprisoned
(c)ause him or her to be sent or taken out of New Zealand
209(a)?
Abduction/Kidnapping
Liability
Hold him or her for (a) ransom
209(b)?
Abduction/kidnapping
Liability
Cause him or her to (b)e confined or imprisoned
209(c)?
Kidnapping/abduction
Liability
(c)ause him or her to be sent or taken from New Zealand
208(c)?
Kidnapping/abduction
Liability
(c)ause the person, to go through a mariage or civil union or to have sexual connection, with some other person
208(b)?
Abduction/kidnapping
Liability
(b) have sexual connection with the person
208(a)?
Abduction/kidnapping
Liability
Go through (a) marriage or civil union with the person
CASELAW: R v CROSSAN
Abduction/kidnapping
A cross has two distinct lines
The taking away and the detaining are two distinct offences. Taking comes before detaining
The first offence is complete when the victim is taken away, second offence complete when victim detailed against will
CASELAW: R v MOHI
Abduction/kidnapping
CASSANDRA MOHI eats take away
The offence is complete at the moment of taking away, so long as the necessary intent was held at the time
CASELAW: R v PRYCE
Abduction/kidnapping
PRYCE means ACC
“Active concept. keeping them in confinement or custody”
Detain - means placing constraints or restrains on a person curtailing their freedom
DEFINITION: unlawfully
Abduction/kidnapping
WO lawful justification or excuse
DEFINITION: intent
Abduction/kidnapping
A deliberate act to bring about a specific result
Intent to commit the act, intent to bring about the specific result
DEFINITON: taking away
Abduction/kidnapping
Generally refers to situations where the victim is physically removed from one place to another (against their will)
DEFINITON: Detains
Addition/kidnapping
An active concept. Involves doing something to impose a restraint or constraint on the person detained
-locked door
-handcuffs
- threats to overcome will/resistance
What is the minimum amount of time to be considered detained?
Abduction/kidnapping
No minimum timeframe around what constitutes a detainment, if freedoms of movement have been curtailed then detainment is deemed to have happened
CASELAW: R v COX
Consent
Abduction/kidnapping
Consent must be full voluntary, free and informed, given freely and voluntarily, by a person in a position to make a rational judgement
DEFINITION: Consent
Abduction/kidnapping
A persons conscious and voluntary agreement to something desired or proposed.
Conveyed by words conduct or both
DEFINITION: with intent to hold him or her for (a) ransom or to service
Abduction/kidnapping
S209(a) - Kidnapping
Intent - Deliberate act to bring about specific result
Inferred by words/actions before during and after along with the surrounding circumstances.
R v MOHI - Offence (kidnapping) is complete at the moment of the taking away. So long as the necessary intent is held.
Ransom - a sum of money demanded or paid in return for the release of someone held captive.
Kidnapping is the force used to extort the money from family or anyone who would seek to have the victim returned.
Intent to “hold him or her” - detainment - R v PRYCE (ACC) - active concept placing constraints or restraints on the person detained, causing the persons freedoms to be curtailed
DEFINITION: Ransom
Abduction/kidnapping
Ransom - a sum of money demanded or paid in return for the release of someone held captive.
Define kidnapping
Abduction/kidnapping
Kidnapping is the force used to extort the money (ransom) from family or anyone who would seek to have the victim returned.
DEFINITION: Intent to “hold him or her”
Detainment - R v PRYCE - active concept, placing constraints or restraints on the person detained, causing the persons freedoms to be curtailed
CASELAW: R v COX
Possession
Abduction/kidnapping
Two elements, physical and mental
Actual or potential physical control
Combination of knowledge and intention
