Kidnapping & Abduction

Question 1

What section of the Crimes Act 1961 covers Kidnapping?

Answer 1

S. 209 (a, b or c)

Question 2

Elements of Kidnapping, S. 209 CA 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 them for ransom or to service
(b) Cause then to be confined or imprisoned
(c) Cause them to be sent or taken from New Zealand

Question 3

R v M

Answer 3

Must prove that the accused intended to take away or detain the complainant and that they knew that the complainant was not consenting

Question 4

R v Cox

Answer 4

Consent must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to form a rational judgement

Question 5

Define ‘Obtains by duress’

Answer 5

Complies with the offender’s demands out of fear of the consequences of refusal, due to actual or implied threats of force to themselves or another person, or other forms of pressure of coercion

Question 6

Define ‘Consent’

Answer 6

Conscious and voluntary agreement towards another’s proposal

Question 7

Define ‘Obtains by fraud’

Answer 7

Misrepresentation of the facts or intentions

Question 8

Define ‘Ransom’

Answer 8

Sum of money demanded for the release of a person held captive

Question 9

Define ‘Confined or imprisoned’

Answer 9

Restricting a person’s movements to within a specific area, exercising control or influence over them

Question 10

What section of the Crimes Act 1961 covers Abduction?

Answer 10

S. 208 (a, b or c)

Question 11

Elements of Abduction

Answer 11

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 with that person, or
(b) Have sexual connection with that 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 12

Define ‘Detains’

Answer 12

Impose a constraint or restraint

Question 13

Define ‘Sexual Connection’

Answer 13

An introduction into Person A’s genitalia or anus, of any part of Person B’s body,
or any object held or manipulated by Person B,
or a connection between the mouth or tongue of Person B and Person A’s genitalia or anus,
or a connection between Person A’s mouth or tongue and Person B’s genitalia or anus

Question 14

R v Waaka

Answer 14

Intent may be formed at any time during the taking away. It a taking away commences without the intent to have intercourse, but that intent is formed during the taking away, then that is sufficient