ABDUCTION & KIDNAPPING Flashcards
s208 ABDUCTION FOR MARRIAGE OF SEXUAL CONNECTION LIABILITY
With intent to marry him or her, or
With intent to have SEXUAL CONNECTION with him or her, or
With intent to cause him or her to be married to or to have SEXUAL CONNECTION with some other person
WHAT IS ABDUCTION
A person who unlawfully takes away or detains a person without his or her consent or with his or her consent gained by fraud or duress
The distinct difference between “taking away” and detaining.
They are two separate offences and where evidence of both is present, two charges should be laid.
Taking away reffers to physically removing from one place to another
R v Crossan
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
R v Wellard
WHAT IS THE DEFINITION OF DETEAINING
Detaining is an active CONCEPT rather than a passive one. It involves doing something to impose a constraint or restraint on the person detained
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 FAILING TO HAND OVER
R v Price
WHAT IS CONSENT
Consent is a person’s CONSCIOUS and voluntary agreement to something desired or proposed by another.
It may be conveyed by words or conduct
CONSENT MUST BE “FULL VOLUNTARY, FREE INFORMED, FREELY AND VOLUNTARILY GIVEN BY A PERSON IN A POSITION TO FORM A RATIONAL JUDGEMENT
R v Cox
WHAT TWO UNLAWFUL METHODS COULD BE USED TO GAIN CONSENT
Consent by fraud - deceiving, misrepresenting the facts or intentions
Consent by duress - actual or implied threat of force to the victim or another person. Can also include forms of pressure or coercion.
THE OFFENCE IS COMMITED AT THE TIME OF TAKING AWAY, SO LONG AS THERE IS AT THAT MOMENT, THE NECESSARY INTENT. IT HAS NEVER BEEN REGARDED AS NECESSARY …….. THAT THE CROWN SHOULD SHOW THE INTENT WAS CARRIED OUT
R v Mohi
THE OFFENCE IS complete as soon as the offender detains the victim with one of the specified intents
SEXUAL CONNECTION LIABILITY
SEXUAL CONNECTION means;
(a) Connection effected by the introduction into the genitalia or anus of one person otherwise than for genuine medical purposes of
A part of the body of another person, or
An object held or manipulated by another person, or
(b) CONNECTION between the mouth or tongue of one person and part of another person genitalia or anus, or
(c) the continuation of CONNECTION of a kind described in paragraph a or b.
s209 KIDNAPPING LIABILITY
With intent to hold him or her for ransom or to service, or
With intent to cause him or her to be confined or imprisoned, or
With intent to cause him or her to be sent or taken out of New Zealand
WHAT IS KIDNAPPING
Some one who unlawfully takes away or detains a person without his or her consent or with his or her consent obtained by fraud or duress
