Kidnapping/Abduction

Question 1

Unlawfully

Answer 1

Without lawful justification, authority or excuse.

Question 2

R v Wellard (taking away)

Answer 2

Deprivation of liberty coupled with a carrying away from the place where the victim wants to be. Also consent obtained by a lie.

Question 3

R v Pryce

Answer 3

Detains is an active concept meaning to keep in confinement or custody.

Question 4

Boyd v R

Answer 4

Actions of offender detained woman by “taking over control”. 10-15 mins was sufficient.

Question 5

R v Crossan

Answer 5

Taking away and detain are separate and distinctive offences.

Question 6

R v Waaka

Answer 6

Intent may be formed at anytime during the taking away.

Question 7

R v Cox

Answer 7

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

Question 8

R v Cort

Answer 8

Women getting into car at bus stop because of deceit.

Question 9

Entice

Answer 9

Tempt, persuade or attract by arousing hope or desire.

Question 10

Duress

Answer 10

Victim may acquiesce to the offenders demands based on fear of the consequences if they refuse. Hirani v Hirani - Hindi girl divorce, arranged marriage.

Question 11

R v M

Answer 11

Crown must prove the accused intended to take away AND knew the person was not consenting.

Question 12

Marriage

Answer 12

broader meaning than ‘marry’ under provision of Marriage Act 1955.

Question 13

Sexual connection

Answer 13

Introduction into the genitalia or anus of a person other than for medical purposes of;
i) A part of the body or,
ii) An object held or manipulated by another person or,
b) connection between mouth or tongue to genitalia or anus or,
c) continuation of connection of a kind in (a) or (b)

Question 14

Ransom

Answer 14

Sum of money demanded or paid for the release of a person being held captive.

Question 15

Service (kidnapping)

Answer 15

Servant or slave

Question 16

Confining

Answer 16

Restricting movements in a geographical area.

Question 17

Cause to be confined

Answer 17

Responsible for the person being confined but not necessary to directly affect the confinement.

Question 18

Prison

Answer 18

Put them in a prison or confine them as if in a prison.

Question 19

Sent out of NZ

Answer 19

Victim leaves NZ, possibly by themselves.

Question 20

Taken out of NZ

Answer 20

Victim leaves in the company or custody of another.

Question 21

R v Mohi

Answer 21

Offence is committed at the time of taking away, so long as at the moment of taking there is the necessary intent.

Question 22

s209A CA 1961

Answer 22

A young person under 16 cannot consent to being taken away or detained.