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CIB Criminal Liabilities > Abduction/Kidnapping > Flashcards

Flashcards in Abduction/Kidnapping Deck (5)
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1

ABDUCTION

Section 208 (a) or (b) or (c)
Crimes Act 1961
14 Years

Unlawfully
Takes Away or Detains
A Person
Without his or her consent
OR
With his or her consent obtained by fraud
OR
With his or her consent obtained by duress
With intent to
(A) Marry him/her
OR
(B) Have sexual connection with him/her
OR
(C) Cause him/her to be married or have sexual connections with some other person

2

Abduction/Kidnapping Case Law

Unlawfully: R V CHARTRAND - Unlawfully means without lawful justification, authority or excuse.

R V WELLARD - Kidnapping is the deprivation of liberty coupled with a carrying away from the place where the victim wants to be.

Detains: R V PRYCE - Active concept 'to keep in confinement or custody'. This is to be contrasted to the passive concept of 'harbouring' or mere failure to hand over.

Takes away: R V CROSSAN - Detaining and taking away are separate and distinct offences.

Consent: R V COX - Must be full, voluntary, free and informed. Freely and voluntarily given by a person in a position to form a rational judgement.

Duress: PAO v LAU YIU LONG - whatever form it takes is a coercion of the will so as to vitiate (invalidate) consent.

Intent: R V MOHAN - Intent involves a decision to bring about in so far as it lies within the accused's power, the commission of the offence.

Intent: R V WAAKA - A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act.

Intent: R V MOHI - Offence is committed at the time of the taking away, so long as there is at the moment the necessary intent. Crown does not need to show the intent was carried out.

3

Sexual Connection - Crimes Act, Section 2

a) - Connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purpose:
- 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's genitalia or anus.
or
c) The continuation of connection of a kind described in (a) or (b).

4

KIDNAPPING

Section 209 (a) or (b) or (c)
Crimes Act 1961
14 years

Unlawfully
Takes away OR Detains
A Person
Without his or her consent
OR
With his or her consent obtained by fraud
OR
With his or her consent obtained by duress
With intent to
(A) Hold him/her for ransom or service
OR
(B) Cause him/her to be confined or imprisoned
OR
(C) Cause him/her to be sent or taken out of New Zealand

5

Describe what is mean in Sections 209 (a), (b) and (c)?

A - Ransom = A sum of money demanded or paid for the release of a person being held captive.
OR Service = Offender intends to keep the victim as a servant or slave

B - Confined = Restricting their movements to within a geographical area, but can also include curtailing activity and exercising control/influence over them.
OR Imprisoned = To be held as if in prison

C - Sent out of New Zealand = sent, normal meaning.
OR Taken out of = suggests victim in company or custody of a person accompanying them out of NZ.