Abduction S208(a) CA61

Question 1

What are the elements to Abduction S208(a) CA61

Answer 1

• Unlawfully
• Takes away or Detains
• A person
• Without their consent or with consent obtained by fraud or duress
• With intent to Go through a form of marriage or civil union

Question 2

Define Unlawfully

Answer 2

Unlawfully means without lawful justification, authority, or excuse

Question 3

Define Takes Away

Answer 3

Taking away generally refers to situations where the victim is physically removed from one place to another.

Question 4

R v Wellard

Answer 4

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 5

R v Crossan

Answer 5

Taking away and detaining are separate and distinct offences. The first consists of taking the victim away; the second of detaining her. The first offence was complete when the prisoner took the women away against her will. Then having taken her away, he detained her against her will, and his conduct in detaining her constituted a new and different offence

Question 6

Define Detains

Answer 6

Detaining is an active concept rather than a passive one. It involves doing something to impose a constraint or restraint on the person being detained.

Question 7

R v Pryce

Answer 7

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 8

Define Person

Answer 8

This offence is gender neutral and that fact that the victim is a person is generally accepted by judicial notice or proved by circumstantial evidence. The age of the victim is not relevant

Question 9

Define Consent

Answer 9

Consent is a person’s conscious and voluntary agreement to something desired or proposed by another.

Question 10

Define Consent obtained by fraud

Answer 10

In some cases, the offender may deceive the victim into agreeing to a proposition by misrepresenting the facts or their intentions. Eg R v Wellard, the offender gained the victims consent by fraudulently representing himself as a Police Officer

Question 11

Define Consent obtained by Duress

Answer 11

In other cases, a victim may acquiesce to an offenders demands based on fear of the consequence if they refuse. Duress may arise from actual or implied threats of force but can include other forms of pressure or coercion

Question 12

R v Cox

Answer 12

Consent must be Full, voluntary, free and informed……freely and voluntarily given by a person in a position to form a rational judgement.

Question 13

Define Intent

Answer 13

There are two types of intent. Firstly, and act or omission that is done deliberately, the act or omission must be more than involuntary or accidental. The second type is the intent to produce a specific result. AIM OBJECT PURPOSE

Question 14

Mohi

Answer 14

The offence is complete once there has been a period of detention or taking away accompanied by the necessary intent, regardless of whether that intent was carried out

Question 15

R v Waaka

Answer 15

Intent may be formed at any time during the taking away. If a taking away commences without the intent to have intercourse, but that intent is formed during the taking away, then that is sufficient for the purposes of the section.

Question 16

Define “Cause him or her to marry another person”

Answer 16

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

Question 17

Crown must Prove x6

Answer 17

(1) The defendant took away or detained the person
(2) The taking or detention was intentional
(3) The taking or detention was unlawful
(4) The taking or detention was without the persons consent or consent was induced by fraud or duress
(5) The defendant knew there was no consent to taking or detaining
(6) The defendant intended a-c