Liabilities - Abduction/Kidnapping

Question 1

Definition of unlawfully

Answer 1

Without lawful justification or excuse

Question 2

Definition of takes away (209) ?

Answer 2

Physically moved
R v Wellard: Loss of liberty and taking from place Victim wants to be

Question 3

Definition of detains ?

Answer 3

R v Pryce
Detains is an active concept “Keep in confinement or custody”

Question 4

Definition Person ?

Answer 4

Approved JN and CE

Question 5

Definition consent ?

Answer 5

Agreement to something desired or proposed
R v Cox
Consent is full, voluntary, free and informed. Freely and voluntary given by a person to form rational judgement

Question 6

Definition Fraud ?

Answer 6

Deceiving victim by misrepresenting the facts

Question 7

Definition Duress ?

Answer 7

Agreement based on fear of refusal

Question 8

S209A ?

Answer 8

A young person cannot consent to being taken away or detained

Question 9

Definition intent ?

Answer 9

An intent to commit a deliberate act with intent to get a specific result

R v Mohi
Offence committed at the time of taking as long as having necessary intent
R v Waaka
Intent may be formed at anytime during the taking away.

Question 10

Definition Ransom ?

Answer 10

Money demanded or paid for release

Question 11

Definition Service ?

Answer 11

Hold as service or slave

Question 12

Definition confined ?

Answer 12

Restricting movements

Question 13

Definition imprisoned

Answer 13

As if in prison

Question 14

Definition sent out of NZ ?

Answer 14

Intent for victim to leave NZ. Sent or leaves under duress

Question 15

Definition of taken out of NZ

Answer 15

Person accompanying them out of NZ

Question 16

Elements of Abduction s208 ?

Answer 16

• Unlawfully
• Takes away / Detain
• Any person
• without their consent / consent obtained by fraud or duress
• with intent to
(a) go through a form of marriage / civil union
(b) have sexual connection with
(c) cause people to go through a form of marriage / civil union / have sexual connection with some other person

Question 17

Definition Sexual Connection

Answer 17

Introduction into genitalia or anus by another persons other than medical purpose, using part of their body or object manipulated

Question 18

Definition of Intent (209)

Answer 18

Intent to commit act, intent to get specified result
R v M Accused intended to take away or detain the complainant and they knew that the complainant wasn’t consenting

Question 19

Elements Kidnapping

Answer 19

S209
* Unlawfully
* Takes away or Detains
* A person
* Without their consent OR consented obtained by fraud OR consented obtained by duress
* with intent to
(a) Hold of ransom or service
(b) cause to be imprisoned or confined
(c) Cause to be sent or taken out of New Zealand