Abduction and Kidnapping

Question 1

Abduction

Section and Penalty

Answer 1

Section 208 (a) or (b) or (c) Crimes Act 1961

14 years imprisonment

Question 2

Abduction

Ingredients

Answer 2

1) Unlawfully
2) Takes away or Detains
3) A Person

4) Without his or her consent
OR
With his or her consent obtained by fraud or duress

5) With Intent to:
a) marry him or her or
b) have sexual connection with him or her or
c) cause him or her to be married to or to have sexual connection with some other person

Question 3

Unlawfully

Answer 3

Without lawful justification, authority or excuse

Question 4

R v Crossan

Answer 4

Taking away and detaining are “separate and distinct offences. The first consists of taking the victim away. The second of detaining them.
R v Crossan

Question 5

Takes Away

R v Wellard

Answer 5

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

Question 6

Detaining

R v Pryce

Answer 6

Detaining is an active concept meaning to keep in confinement or custody. This is to be contrasted to the passive concept of harbouring or mere failure to hand over.

Question 7

Person

Answer 7

Gender neutral proven by judicial notice or circumstantial evidence.

Question 8

Consent

And

R v Cox

Answer 8

Consent is a persons conscious and voluntary agreement to something desired or proposed by another.

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

Question 9

To Obtain Consent by FRAUD

Answer 9

Consent obtained by the misrepresentation of the facts or the offenders intentions.

Question 10

To obtain consent by DURESS

Answer 10

Actual or implied threat of force to the victim or another person. Can include other forms of pressure or coercion.

Question 11

Child under 16

Answer 11

Section 209A Crimes Act 1961

For the purposes of S208 and S209, a person under the age of 16 years cannot consent to being taken away or detained.

Question 12

Intent

Answer 12

In a criminal law context there are two specific types of an intention in an offence. Firstly there must be an intention to commit the act and secondly an intention to get a specific result.

Question 13

R v Mohi

Answer 13

The offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent. It has never been regarded as necessary… that the crown should show the intent was carried out.

Question 14

a) Marry him or her

Answer 14

In this context, “to marry” means to engage in a marriage solemnised in accordance with the provisions of the Marriage Act 1955.

Question 15

b) Have Sexual Connection With Him or her

Answer 15

Sexual Connection - Sec 2 Crimes Act 1961

(a) connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of-

(i) a part of the body of another person; or
(ii) an object held or manipulated by another person; or

(b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus; or
(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b).

Question 16

c) Cause to be married or have sexual connection with some other person:

Answer 16

This relates to situations where the abductor takes away or detains a victim to enable another person to marry them.

OR

Under this provision, the offenders intent is to enable another person to have sexual connection with the victim.

Question 17

Kidnapping

Section and Penalty

Answer 17

Sec 209 (a) (b) or (c) Crimes Act 1961

14 years imprisonment

Question 18

Kidnapping

Ingredients

Answer 18

1) Unlawfully
2) Takes away or detains
3) A person

4) Without his or her consent
OR
with his or her consent obtained by Fraud or Duress

5) With intent to:
a) To hold him or her for ransom or to service
OR
b) To cause him or her to be imprisoned or confined
OR
c) To cause him or her to be sent or taken out of NZ.

Question 19

b) To cause him or her to be IMPRISONED or CONFINED

Answer 19

Confined:
Restricting their movements to within a geographical area.

Imprisoned:
To be held as if in prison.

Question 20

c) To cause him or her to be SENT or TAKEN OUT of NZ

Answer 20

Sent out of New Zealand:
Sent - normal meaning, to be sent out of NZ shores.

Taken out of New Zealand:
Taken suggests victim in company or custody of a person accompanying them out of New Zealand.

Question 21

With Intent to:

a) Hold him or her for RANSOM or to SERVICE

Answer 21

Ransom:
A sum of money demanded or paid, for the release of a person being held capture.

Service:
Hold as a servant or slave.

Question 21

Good faith defence

Answer 21

Section 210A CA61

A person who claims in good faith a right to the possession of a young person under the age of 16 cannot be convicted of an offence against S209 or 210 because he or she gets possession of the young person.

Does not apply to S208

Question 22

Abduction of young person under 16

Answer 22

Section 210 CA61 - 7 years imp

(1) with intent to deprive a parent or guardian or other person who has the lawful care or charge of a young person of the possession of a young person, unlawfully takes away or detains the young person
(2) receives a young person, knowing they have been unlawfully taken away or detained with intent to deprive a parent or guardian or other person having the lawful care or charge of him or her or possession of him or her
(3) immaterial whether the young person consents or suggests it, and whether the accused the person believes they’re of or over 16