11. Kidnapping/Abduction Flashcards
(37 cards)
Define “unlawfully”.
Without lawful justification or excuse.
Define “taking away” in regards to abduction/kidnapping
Cite relevant case law.
A situation where the victim is removed from one place to another.
R v Wellard - kidnapping is the deprivation of liberty and taking away from where the victim wants to be.
R v Crossan - taking away and detaining are separate and distinct offences.
Define “person”.
Gender neutral term, proved by judicial notice or circumstantial evidence.
Define “consent”.
Cite relevant case law.
Consent is a person’s conscious and voluntary agreement to something desired/proposed by another.
R v Cox - consent is full, voluntary, free and informed. Freely and voluntarily given by someone capable of forming rational judgement.
Define “fraud”
Deceive the victim into agreeing to a proposition by misrepresenting the facts of their intention.
Define “duress”
Acquiesce to an offenders demands based on fear of the consequences if they refuse.
Define “intent”.
Cite the relevant source.
Intent to commit an act and intent to get a specific result (aim, object, purpose- Simester and Brookbanks)
Define “sexual connection”
The introduction into the genitalia or anus of one person, by the body part of another, or by an object held/manipulated by another.
Also includes connection of the mouth/tongue to another’s genitalia or anus.
Excludes legitimate medical purposes.
Define “ransom”
A sum of money demanded or paid for the release of a person being held captive.
Define the element “intent to hold for service”
Intent to keep the victim as a servant or slave.
Define “confined”
Restricting a person’s movements to within a geographical area.
Also can include curtailing their activity through control/influence.
Define “imprisoned”
To confine them as if in a prison.
Define the element “sent away from NZ”.
Victim leaves NZ on their own, perhaps due to duress.
Define the element “taken from NZ”.
Is in the company/custody of a person accompanying them out of NZ
Define “Young Person” for the purposes of s210 of the Crimes Act 1961.
Under 16 years of age.
s210 Relates to abduction of a young person under 16.
Define “possession”.
Cite relevant case law.
R v Cox.
Possession is comprised of two elements - physical (custody/control) and mental (intent/knowledge)
Define “entice”
Tempt, persuade, or attract by arousing hope or desire.
Define the element “receives a young person”
Knowing that a young person has been unlawfully taken, receiving them into their possession.
Define “knowing”.
Cite the relevant source.
Correctly believing.
Simester and Brookbanks
What does s208 of the Crimes Act 1961 relate to?
What are the elements of this offence?
What is the maximum penalty?
Abduction.
- 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.
14 years imprisonment
What does s209 of the Crimes Act 1961 relate to?
What are the elements of this offence?
What is the maximum penalty?
Kidnapping.
- Unlawfully
- Takes away OR detains
- A person
- Without their consent OR with consent obtained by fraud or duress
- with intent to,
a) hold him or her for ransom OR to service, OR
b) cause him or her to be confined OR imprisoned, OR
c) cause him OR her to be sent OR taken out of New Zealand.
14 years imprisonment
What is an important note to make regarding “take away/detains” when it comes to abduction/kidnapping?
Cite relevant case law.
Taking away and detaining are two distinctly separate acts.
Where evidence of both exists, two separate charges should be laid.
R v Crossan - taking away and detaining are separate and distinct offences.
Regarding abduction/kidnapping, does the intent need to be contemporaneous with the taking/detaining act?
Cite relevant case law.
No - offenders intent need not be specific to when the victim is detained. It may be formed later in the offending.
R v Waaka - helped a friend carry a comatose woman to a nearby wall, placed her down and then decided to rape her.
What does s210(1) of the Crimes Act 1961 relate to?
What are the elements of this offence?
What is the maximum penalty?
Abduction of a young person under 16.
- 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.
7 years imprisonment.
