Kidnapping Abduction Exam qs

Question 1

Three intents for kidnapping A B and C.

Answer 1

With intent to hold him/her for ransom or service OR
With intent to cause him/her to be confined or imprisoned OR
With intent to cause him/her to be sent or taken out of NZ.

Question 2

Under s210A CA 61, state the statutory defence for Kidnapping and Abduction of an YP?

Answer 2

A person who claims in good faith - a right to the possession of an YP under 16yrs - cannot be convicted under this section - because he/she gets possession of the YP.

Question 3

What must be proved with kidnapping and abduction

Answer 3

1.The Defendant took away or detained a person
2.The taking or detention was intentional or deliberate
3.The taking or detention was unlawful
4.The taking or detention was without that person’s consent

Question 4

What is R v M

Answer 4

The Crown must prove that the accused intended to take away or detain the complainant and that he or she knew that the complainant was not consenting.

Question 5

For a conviction under s210 (1) Abduction of YP under 16 of the CA61 the Crown must prove what

Answer 5

• The defendant Took, Enticed or Detained (TED) a person under 16yrs;
• The TED was deliberate and intentional;
• The TED was from a person who had lawful care of the young person;
• The defendant knew the other person had lawful care of the young person;
• The TED was unlawful; and
• It was done with the intent to deprive a parent, guardian or other person having lawful care or charge of the young person of possession of that young person

Question 6

For a conviction of Receiving a YP under s210 (2) Abduction of YP under 16 of the CA61 the Crown must prove what? What are the 4 things?

Answer 6

• The defendant received a person under 16yrs;
• The receiving was deliberate and intentional;
• The defendant knew the YP had been unlawfully TED by another from a parent, guardian or other person having lawful care or charge of YP of the possession of that YP; and
• The defendant intended by reason of the receiving to deprive a parent, guardian or other person having lawful care or charge of YP of the possession of that YP.

Question 7

Can a young person consent to being taken away for the purpose of s209-210 CA61. Explain your answer.

Answer 7

S210(3) A child under 16 cannot consent to being taken away or detained. It is immaterial whether the offender believes the young person consents, or is taken or goes or is received at his/her own suggestion.

Question 8

What happens if a Father takes a child when the mother has custody of them? Case law.

Answer 8

A parent may commit an offence of abduction (intent) in respect of their own child where their actions are unlawful, for example a father who takes his own child from its mother contrary to a Court Order

Question 9

A child in the legal custody of her mother has an argument with her mother. She calls her father and tells him to pick her up. He agrees and pick her up…

Answer 9

A) Abduction of a child as he has deprived the mother of possession.

Question 10

Mum has legal custody of her 15yr old. They had an argument and 15yr old calls Dad (who lives separately) and asked to be picked up. Dad agreed and picked her up keeping her with him for a few days before giving her back to Mum, Is Dad guilty of Abduction?

Answer 10

Yes, because he has deprived the person with lawful care (Mum) of possession of the young person. It does not have to be permanently deprived.