Abduction/Kidnapping

Question 1

R v Pryce

Answer 1

Detaining is an active concept meaning to “keep in confinement or custody”

Question 2

R v Crossan

Answer 2

TAKES AWAY / DETAINS

Taking away and detaining are two separate and distinct defences

Question 3

Define TAKING AWAY

Answer 3

The victim is physically removed from one place to another

Question 4

Define DETAINS

Answer 4

Doing something to impose a constraint or restraint

Question 5

R v Mohi

Answer 5

TAKING AWAY

Offence is completed at the time of taking away, so long as there was a necessary intent at the time.

Question 6

Define UNLAWFULLY

Answer 6

Without lawful justification, authority or excuse

Question 7

R v Cox (re consent)

Answer 7

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

Question 8

Define CONSENT

Answer 8

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

Question 9

Define OBTAINED BY FRAUD

Answer 9

Deceive the victim into agreeing to a proposition by misrepresenting the facts or their intentions

Question 10

Define OBTAINED BY DURESS

Answer 10

From actual or implied threat of force or other pressure/coercion.

A victim may “acquiesce to an offenders demands based on fear of the consequences if they refuse”

CRITICAL QUESTION: whether threats/pressure/coercion are such that they destroy the reality of consent and overbear the will of the individual

Question 11

R v Wellard

Answer 11

(Relevant to all abduction/kidnapping offences)

The essence of the offence is the deprivation of liberty coupled with a carrying away from the place the victim wants to be

Question 12

Define: …with intent to have SEXUAL CONNECTION with the person

Answer 12

Sexual connection in this context:

connection effected by the introduction into genitalia/anus otherwise than for genuine medical purposes of a part of the body or object held/manipulated…

Question 13

Define RANSOM

Answer 13

A sum of money demanded or paid for the release of a person being held captive

Question 14

Define CONFINED/IMPRISONED

Answer 14

Confined: restricting movements to within a geographical area… exercising control and influence…”

Imprisoned: put them in prison or to confine them as if in prison

Question 15

210 Abduction of a young person

How old is a young person?

Answer 15

Under 16 years old

R v Forrest & Forrest!

Question 16

R v Cox (re possession)

Answer 16

Possession involves 2 elements:

Physical: actual or potential physical custody or control

Mental: knowledge of it AND an intention to exercise possession

Question 17

Define ENTICES AWAY

Answer 17

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

Question 18

What is the good faith defence?

Answer 18

A person who claims in good faith a right to the possession of a YP cannot be convicted of 210 Abduction.

Question 19

Can a young person consent to being taken away?

Answer 19

NO!

Question 20

The abductor was mistaken about the YP’s age… thought she was 18 etc… is this a defence?

Answer 20

NO

Question 21

R v Forrest & Forrest

Answer 21

The best evidence possible in the circumstances should be adduced by the prosecution in the victim’s age.

Question 22

What section is ABDUCTION?

Answer 22

Section 208, crimes act 1961

Question 23

What section is Kidnapping?

Answer 23

Section 209, crimes act 1961

Question 24

Elements of ABDUCTION?

Answer 24

• unlawfully
• takes away/detains
• a person
• without their consent/with consent obtained by fraud/duress
• with intent to
  a) go through a form of marriage/civil union
  b) have sexual connection with the P
  c) cause the P to go through a or b with some other person

Question 25

Elements of Kidnapping? S209

Answer 25

• unlawfully
• takes away/detains
• a person
• without their consent/with consent obtained by fraud/duress
• with intent to
  a) hold him/her for ransom/service
  b) cause him/her to be confined/imprisoned
  c) cause him/her to be sent/taken out of NZ

Question 26

Elements of 210 Abduction of a YP

Answer 26

• with intent to deprive a (parent/guardian/other P having lawful care/charge)
• of the possession of a YP
• unlawfully (takes away/entices away/detains)
• the YP