Violence Offences -Abduction & Kidnapping Flashcards
List the section, elements and penalty for Kidnapping
Kidnapping
S.209 CA1961
14 Yrs Imprisonment
-Unlawfully
-Takes away (or) Detains
-A person
-Without their consent (or) with consent obtained by fraud or duress
-With intent to;
-Hold him or her for ransom or to service
-Cause him or her to be confined or imprisoned
-Cause him or her to be sent or taken from New Zealand
What was held in R v M?
The Crown must prove that the accused intended to take away or detain the victim and knew that they were not consenting
What was held in R v Pryce?
Detaining is an active concept that means to keep in confinement or custody, in contrast to the passive concept of harbouring.
What must the Crown prove for a charge of S.210 (2)
- The person received a young person under the age of 16
- The receiving was intentional
- The defendant knew that the young person had been unlawfully taken away, enticed away or detained, by someone other than the parent or guardian or other person having lawful care or charge of them, of the possession of that young person
- The defendant intended by reason of the receiving to deprive a parent or guardian or other person having lawful care or charge of him or her of the possession of that young person
What was held in R v Mohi?
The offence is complete once there has been a taking or detention accompanied by the necessary intent, regardless of whether that intent was carried out.
List the Section, elements and punishment for Abduction
Abduction
S.208 CA1961
14 Yrs Imprisonment
-Unlawfully
-Takes away (or) Detains
- A person
-Without consent (or) with consent obtained by fraud (or) duress
-With intent to:
a) go through some form of marriage or civil union with them
b) have sexual connection with them
c) cause them to go through some form of marriage or civil union with some other person
What was held in R v Wellard?
The essence of kidnapping is the deprivation of liberty coupled with the carrying away of the victim from where they want to be
List the Section, elements and punishment for Kidnapping
Kidnapping
S.209 CA1961
14 Yrs Imprisonment
-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
b) cause him or her to be confined or imprisoned
c) cause him or her to be take (or) sent from New Zealand
Does the person kidnapping have to be responsible for the confinement?
No, whilst the kidnapper must have the intent to cause the victim to be confined or imprisoned, the do NOT have to physically effect the confinement themselves.
What was held in R v Waaka?
The intent can be formed at any time during the taking away. If a taking away commences without the intent to have intercourse, but that intent is formed during the taking away, that is sufficient for this section.
Define posession
Actual or potential control over something or someone
What must the Crown prove the defendant must know for a charge under S. 210 (2)?
That the defendant knew that the young person they were receiving had been abducted
Define the necessary intent for a charge under S.210 (1)
There must be an intention to take, entice or detain the young person AND an intent to deprive the parent, guardian or other person having lawful care or charge of the possession of the young person
What is the critical question when it comes to establishing if there was consent obtained by duress?
Were the threats or pressure or whatever it is of such a nature so as to destroy the reality of consent and overbear the will of the victim
Define to be confined?
To restrict someones movements to a specific geographical location or to curtail or control someones activity, to exercise control over them
