Day 8: Kidnapping/Abduction

Question 1

Section 209A:

Answer 1

For the purpose of Sections 208 and 209, a young person under the age of 16 cannot consent to being taken away or detained

Question 2

Section 210(3)(a)

Answer 2

For the purposes of subsections (1) and (2) it is immaterial whether the young person consents, or is taken or goes or is retrieved at their own suggestion

Question 3

Section 210(3)(b)

Answer 3

For the purposes of subsection (1) and (2) it is immaterial whether the offender believes the young person to be of or over the age of 16

Question 4

Section 210A:

Answer 4

People claiming in good faith to be right to possession of a young person under 16 cannot be convicted.

Question 5

Time constraints in terms of detaining:

Answer 5

The Crimes Act does not specify a minimum period for which a persons freedom must be impacted before they are ‘detained’.

More than fleeting or trifling.

Question 6

How can consent be conveyed?

Answer 6

Words, conduct or both

Question 7

Intent in abduction cases:

Answer 7

In abduction, form of marriage, civil union and sexual connection appear only as matters of intent, and it is not necessary to prove that they actually occurred or were even attempted.

Question 8

When is the offence complete in abduction?

Answer 8

As soon as he detains or takes the victim with one of the specified intents.

Question 9

Abduction

Section and Elements

Answer 9

Section 208, CA 61

• 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

(b) have sexual connection with the person

(c) cause the person to go through a form of marriage or civil union or to have sexual connection with some other person

Question 10

Kidnapping

Section and Elements

Answer 10

Section 209 CA 61

• 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 cause
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 NZ

Question 11

Abduction of a young person under 16 (1)

Answer 11

Section 210(1) CA 61

With intent to deprive:
*a parent
*a guardian
*other person having
lawful care or charge of a
young person

• of the possession of the young person
• unlawfully
  *takes away
  *entices away
  *detains
• the young person

Question 12

Abduction of a young person under 16 (2)

Answer 12

Section 210 (2) CA 61

• Receives
• A young person
• Knowing that he or she has been
  *unlawfully taken away
  *enticed away
  *detained
• With intent to deprive a parent or
  guardian or other person having the
  lawful care or charge of them of having
  the possession of them

Question 13

R v Wellard

Answer 13

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 14

R v Crossan

Answer 14

Taking away and detaining are “separate and distinct offences”

Question 15

R v Pryce

Answer 15

Detaining is an active concept. “Keep in confinement or custody:” Contrasted to the mere failure to hand over

Question 16

R v Cox*

Answer 16

Consent must be “full, voluntary, free and informed”. Freely and voluntarily given by a person in a position to form a rational judgement.

Question 17

R v Mohi

Answer 17

The offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent.

Question 18

R v Chartrand

Answer 18

Depriving might not be primary intent, however it’s sufficient if the actions are likely to result in depriving