Abduction/kidnapping

Question 1

Unlawfully

Answer 1

Without lawful justification or excuse

Question 2

Takes away

Answer 2

Physically removed from one place

R V WALLARD
+
R V CROSSAN

Question 3

Detains

Answer 3

R V PRYCE -Detains is an active concept “keep in confinement or custody”

R V CROSSAN

Question 4

Consent

Answer 4

Agreement to something desired or proposed.

R V COX

Question 5

Fraud

Answer 5

Deceiving victim by misrepresenting the facts

R V WALLARD

Question 6

Duress

Answer 6

Agreement based on fear of refusal

Question 7

Intent

Answer 7

An intention to commit a deliberate act and get a specific result

R V COLLISTER
R V MOHI
R V CHARTRAND (210)

Question 8

Marriage/civil union

Answer 8

Engage in marriage/civil union

Question 9

Sexual connection

Answer 9

Introduction into genitalia or anus by another person, other than for medical purpose, using part of their body or object manipulated

Question 10

Go through form of marriage / civil union

Answer 10

Takes away or detains victim for another to marry or have sexual connection with

Question 11

R V CROSSAN
(Takes away or detains)

Answer 11

Takes away and detained are separate and distinct offences

Question 12

R V WALLARD
(Takes away and fraud)

Answer 12

Loss of liberty and taking from place victim wants to be

Question 13

R V PRYCE
(Detains)

Answer 13

Detains is an active concept. “Keep in confinement or custody”

Question 14

R V COX
(consent)

Answer 14

Consent is full, voluntary, free, and informed. Freely and voluntary given by a person to form rational judgment.

Question 15

R V COLLISTER
(Intent)

Answer 15

Words, actions before, during, and after infer necessary intent

Intent can be inferred circumstances

Question 16

R V MOHI
(Intent)

Answer 16

Offence committed at the time of taking as long as having necessary intent

Question 17

Abduction (Takes for marriage or sex)
S208 a,b,c

Answer 17

• Unlawfully
• Takes away or detains
• Any person
• Without their consent or consent obtained by fraud or duress
• With intent to
  a) Go through form of marriage or civil union
  b) Have sexual connection with
  c) Cause person to go through form of marriage or civil union or have sexual connection with some other person

Question 18

Kidnapping
S209 a,b,c

Answer 18

• Unlawfully
• Takes away or detains
• A person
• without their consent or consent obtained by fraud or duress
• With intent to:
  a) Hold for ransom or service
  b) Cause person to be imprisoned or confined
  c) Cause person to be sent or taken out of New Zealand

Question 19

Abduction of a young person under 16yrs
S210(1)

Answer 19

• With intent to deprive a parent or guardian or other person the lawful care or charge of the young person or possession of the young person
• Unlawfully
• Takes or entices away or detains
• A young person

Question 20

Abduction of young person under 16 years (Receives)
S210(2)

Answer 20

• Recieves
• A young person
• knowing that he/she has been Unlawfully taken, enticed or detained, with intent to deprive a parent or guardian or other person the lawful care or charge of the young person or possession of the young person

Question 21

R V CHARTRAND
(Intent S210)

Answer 21

Depriving might not be the primary intent, however its sufficient if the result will likely result in depriving

Question 22

Entices

Answer 22

To tempt, persuade, or attract by arousing hope or desire

Question 23

Unlawfully (S210)
(Defense)

Answer 23

A person who claims in good faith a right to the possession of a YP under 16 cannot be convicted

Question 24

Knowing

Answer 24

Knowledge that the YP has been abducted

Question 25

R V SIMESTER AND BROOKBANKS
(Knowing)

Answer 25

Knowing or correctly believing. Cannot know if false

Question 26

Intent
S210

Answer 26

• Commit the act
• Get the result
• Permanent depriving is international

R V COLLISTER
R V CHARTRAND