ABDUCTION & KIDNAPPING - Legislation Flashcards Preview

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Flashcards in ABDUCTION & KIDNAPPING - Legislation Deck (5)
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1
Q

ABDUCTION

A

ABDUCTION - Section 208 (a) or (b) or (c) C.A.61 - PENALTY 14 years

  • Unlawfully

R V CHARTRAND

  • Takes away OR Detains

R V CROSSAN

R v WELLARD

R v PRYCE

  • 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

R v COX

  • With intent to:

R v MOHAN

R v WAAKA

R v MOHI

  • (a) Marry him/her OR
  • (b) Have sexual connection with him/her OR
  • (c) Cause him/her to be married or have sexual connection with some other person
2
Q

KIDNAPPING

A

KIDNAPPING

Section 209 (a) or (b) or (c) C.A.61 - PENALTY 14 years

  • Unlawfully

R V CHARTRAND

  • Takes away OR Detains

R V CROSSAN

R v WELLARD

R v PRYCE

  • 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

R v COX

  • With intent to:

R v MOHAN

R v WAAKA

R v MOHI

  • (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
3
Q

ABDUCTION OF YOUNG PERSON UNDER 16 YEARS (1)

A

ABDUCTION OF YOUNG PERSON UNDER 16 - 210(1) Crimes Act 1961

Everyone is liable to a term of imprisonment not exceeding 7 years who:

  • With intent:
  • To deprive a parent or guardian or other person having lawful care or charge of a young person
  • Of the possession of the young person
  • Unlawfully takes OR entices away OR detains
  • The young person
4
Q

ABDUCTION OF YOUNG PERSON UNDER 16 YEARS (2)

A

ABDUCTION OF YOUNG PERSON UNDER 16 - 210(2) Crimes Act 1961

Everyone is liable to a term of imprisonment not exceeding 7 years who:

  • Receives a young person
  • Knowing that he or she has been unlawfully taken OR enticed away OR detained
  • With intent to
  • Deprive a parent or guardian or other person having lawful care or charge of a young person
5
Q

Statutory defence of good faith

A

Statutory defence of good faith - 210A Crimes Act 1961

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 of an offence against s209 or s210 because he or she gets possession of the young person.