Abduction/Kidnapping

Question 1

Abduction
Section 208, Crimes Act 1961

Answer 1

Unlawfully
Takes away or detains
A Person
Without their consent or with consent obtained by fraud or duress
With intent to:
(a) go through a form of marriage or civil union or
(b) have sexual connection with the person or
(c)cause the person to go through a form of marriage or civil union or to have sexual connection with some other person.

Question 2

Kidnapping
Section 209, Crimes Act 1961

Answer 2

Unlawfully
Takes away or detains
A Person
Without their consent or with consent obtained by fraud or duress
With intent to:
(a) hold him or her random or to service or
(b) cause him or her to be confined or imprisoned or
(c) cause him or her to be sent or taken out of New Zealand

Question 3

Abduction of Young Person Under 16
Section 210(1) Crimes Act 1961

Answer 3

With intent to deprive a parent or guardian or other person having lawful care or charge of a young person
if the possession of the young person
unlawfully takes away or entices away or detains
the young person

Question 4

Abduction of Young Person Under 16
Section 210(2) Crimes Act 1961

Answer 4

Receives
a young person
knowing that he or she has been unlawfully taken away or enticed away or detained
with intent to deprive a parent or guardian or other person having the lawful care or charge of him or her of the possession of him or her.

Question 5

Unlawfully

Answer 5

Without lawful justification or excuse.

Question 6

Takes Away

Answer 6

Physically removed from one place to another.

Question 7

Detains

Answer 7

Detains is an active concept rather than a pssive one. Imposing contrain or restraint on a person.
R v Pryce

Question 8

R v Crossan

Answer 8

Takes away and detained are “separate and distinct

offences”.

Question 9

R v Wellard

Answer 9

Kidnapping loss of liberty and taking from place victim wants to
be.

Question 10

R v Pryce

Answer 10

Detains is an active concept. “Keep in confinement or
custody”.

Question 11

Consent

Answer 11

A persons conscious and voluntary agreement to something desired or proposed by another.

Question 12

R v Cox

Answer 12

Consent is full, voluntary, free and informed. Freely and
voluntary given by a person to form rational judgment.

Question 13

Fraud

Answer 13

Deceiving the victim by misrepresenting thr fact.

Question 14

Duress

Answer 14

Agreement based on fear of refusal.

Question 15

Intent

Answer 15

R v Collister. Intention to commit the act t and intention to get a specific result.

Question 16

R v Mohi

Answer 16

Offence committed at the time of taking as long as
having necessary intent.

Question 17

Sexual Connection

Answer 17

Introduction into genitalia or anus by another person, other
than for medical purpose, using part of their body or object
manipulated.

Question 18

Ransom

Answer 18

Money demanded or paid for release.

Question 19

Service

Answer 19

Hold or a servant or slave.

Question 20

Confined

Answer 20

Restricted movement.

Question 21

Imprisoned

Answer 21

As if in prison.

Question 22

Young person

Answer 22

Under the age of 16

Question 23

R v Chartrand

Answer 23

Depriving might not be primary intent,
however its sufficient if the actions are likely to result in
depriving.

Question 24

Good faith defence

Answer 24

A person who claims in good faith a right to
the possession of a young person under the age of 16 years
cannot be convicted.

Question 25

R v Forrest and Forrest

Answer 25

Best evidence possible, proof of victims age.

Question 26

Consent of young person defence

Answer 26

No defence