Abduction and kidnapping Flashcards
Abduction - Act and Section
Crimes Act 1961 208
Abduction - Elements
Unlawfully
Takes away
Or
Detains
A person
Without their consent or
with consent obtained by fraud or duress
With intent to
(a) Go through any form or marriage or civil union or
(b) have sexual connection with the person or
(c) Cause the person to go through a form or marriage or civil union or have sexual connection with some other person.
R v Crossan
Taking away and detaining are “seperate and distinct offences”
R v Welland - Taking away
The essence of the offence of kipnapping is the deprivation of liberty coupled with a carrying away from the place where the victim wants to be”
R v Pryce - Detains
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.
Consent obtained by fraud
Deceive the victim into agreeing to a proposition by misrepresenting the facts or their intentions.
Consent obtained by Duress
Acquiesce to an offender’s demands based on fear of the consequences if they refuse.
May arise from the actual or implied threat of force to the victim or another person but can include other forms of pressure or coercion
R v Mohi
The offence is committed at the time of taking away as long as there, at that moment, the necessary intent. It has never been regarded that the crown should show the intent was carried out.
Kipnapping - Act and Section
Crimes Act 1961 209
Kipnapping - Elements
Unlawfully
Takes away or
detains
a person
Without consent or
With consent obtained by fraud or duress
With intent to
(a) Hold him of her for ransom or to service or
(b) Cause him of her to be confined or imprisoned
(c) Cause him to her to be sent or taken out of New Zealand.
Kipnapping - Act and Section
Crimes Act 1961 209
Kipnapping - Elements
Unlawfully
Takes away or
detains
a person
Without consent or
With consent obtained by fraud or duress
With intent to
(a) Hold him of her for ransom or to service or
(b) Cause him of her to be confined or imprisoned
(c) Cause him to her to be sent or taken out of New Zealand.
Ransom
Is a sum of money demanded or paid for the release of a person being held captive.
Confine
Confining a person can include restricting their movements to within a geographical area, but also has a wider meaning that includes curtailing their activity and exercising control and influence over them.
Imprison
To “Imprison” a person means to put them in prison, or to confine them as if in prison. It has a narrower meaning than confine.
