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DDC 2024 - Email CBQJ87 for access > Kidnapping/Abduction > Flashcards

Kidnapping/Abduction Flashcards

1
Q

Elements: Crimes Act 1961, Section 208

A

Abduction

  • 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 or 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
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2
Q

Elements: Crimes Act 1961, Section 209

A

Kidnapping

  • 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 for ransom or to service or
    b) cause him or her to be confined or imprisoned
    c) cause him or her to be sent or taken out of New Zealand
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3
Q

Elements: Crimes Act 1961, Section 210(1)

A

Abduction of a young person under 16

  • 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 away or entices away or detains
  • The young person
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4
Q

Elements: Crimes Act 1961, Section 210(2)

A

Abduction of a young person under 16 (receives)

  • 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
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5
Q

Definition: Unlawfully

A

Without lawful justification or excuse

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6
Q

Definition: Taking away

A

Refers to situations where the Victim is physically removed from one place to another

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7
Q

Case Law: Taking away vs Detaining

A

R v Crossan

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8
Q

Case Law: Taking away

A

R v Wellard

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9
Q

Definition: Detains

A

Doing something to impose a constraint or restraint on the person detained.

Active concept rather than passive one.

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10
Q

Case Law: Detains

A

R v Pryce

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11
Q

Definition: Consent

A

Conscious and voluntary agreement to something desired or proposed by another

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12
Q

Case Law: Consent

A

R v Cox

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13
Q

Defintion: Consent obtained by fraud

A

The offender may deceive the victim into agreeing to a proposition by misrepresenting the facts or their intentions.

(Impersonating Police example)

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14
Q

Case Law: Consent obtained by fraud

A

R v Wellard(1)

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15
Q

Definition: Consent obtained by duress

A

Victim agrees to demands based of fear of the consequences if they refuse.

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16
Q

Case Law: Intent in abduction

A

R v Mohi

17
Q

Definition: Intent to cause person to go through marriage or civil union or sexual connection

A

Relates to situations where the abductor takes away or detains a victim to enable another person to go through a form or marriage or civil union with them.

Example of detaining a young hindu woman for the purposes of enforcing an arranged marriage.

Or a gang prospect who abducts a woman and takes her back to a gang pad to be raped by other gang members.

18
Q

Definition: Ransom

A

A sum of money demanded or paid for the release of a person being held captive

19
Q

Definition: Hold him or her to service

A

Offender intends to keep the victim as a servant or slave.

20
Q

Definition: Confined

A

Restricting their movements within a geographical area but also curtailing their activity and exercising control and influence over them

21
Q

Definition: Imprisoned

A

Put them in prison, or to confine them as if in prison.

e.g locked in a room or boot of a car

22
Q

Case Law: Intent to deprive a parent or guardian or other person having the lawful care or charge of a young person

A

R v Chartrand

23
Q

Case Law: Possession

A

R v Cox

24
Q

Definition: Entice

A

Tempt, persuade or attract by arousing hope or desire

25
Q

Definition: Receives Young Person

A

Receives YP knowing the YP has been unlawfully taken with necessary intent

E.G father takes child from its mother contrary to order and hides him at grandparents house.

If grandparents knew he was taken unlawfully they would be liable for receiving.

26
Q

Definition: Good faith

A

Statutory Defence

A person who claims in good faith a right to the possesion of a YP under 16 can not be convicted.

27
Q

Age for consent

A

A person can not consent under sections 208-210 when a person taken is under the age of 16 years

DDC 2024 - Email CBQJ87 for access (14 decks)

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