Abduction And Kidnapping

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Abduction

Section 208(a)(b)(c)

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Unlawfully

Takes away OR detains

A person

Without his or her consent OR with his or her consent obtained by fraud of duress

With intent to

A) marry him or her

B) have sexual connection with him or her

C) cause him or her to be married to or to have sexual connection with some other person

Front 2

Kidnapping

Section 209(a)(b)(c)

Back 2

Unlawfully

Takes away OR detains

A person

Without his or her consent OR with his or her consent obtained under duress

With intent to

A) hold him or her for random or to service

B) to cause him or her to be imprisoned or confined

C) to cause him or her to be sent or taken out of NZ UN

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Unlawfully

Back 3

Without lawful justification, authority or excuse

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R v Crossan - Taking away and detaining are separate offences

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Taking away and detaining are

- separate and distinct offences.

The first offence was complete when the prisoner took the women away against her will. Then, having taken her away, he detained her against her will, and his conduct in detaining her constituted a new and different offence

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R v Wellard - Takes away

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The essence of the offence of kidnapping is the “deprivation of liberty coupled with a carrying away from the place where the victim wants to be"

Go where he or she did not want to go

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R v Pryce - Detains

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Detaining is an active concept meaning to “keep in confinement or custody”. This is to be contrasted to the passive concept of “harbouring” or mere failure to hand over

Crimes Act does not specify a minimum period for which a person's freedom must be curtailed however there will be a point where a detention is so fleeting as to not amount to an intrusion for the purposes of 208-210

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R v Cox - Consent

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Consent must be

Full, voluntary, free and informed (FVFI)

Freely and voluntarily given by a person in a position to form a rational judgement

A person's conscious and voluntary agreement to something desired or proposed by another

May be conveyed by words, conduct or both

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R v Mohi - Intent

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

It has never been regarded as necessary … that the Crown should show the intent was carried out

Offender becomes criminally liable as soon as he detains the victim with one of the specified intents

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R v Waaka - Intent

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Intent may 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, then that is sufficient for the purposes of the section

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R v M - Kidnapping - intent and consent

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The crown must prove that the offender intended to take away or detain the complainant and that the offender knew that the complainant was not consenting

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R v Forest and Forest - age

Back 11

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age

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Consent by fraud or duress

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Consent by fraud - misrepresentation of the facts or the offenders intentions

Consent by duress - actual or implied threat of force to the victim or another person. Can include other forms of pressure or coercion

A child under 16 years cannot consent to being taken away or detained

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Abduction - with intent to A) Marry

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Engage in a marriage solemnised in accordance with the provisions of the Marriage Act 1995

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Abduction - with intent to B) Sexual Connection

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a) connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, or i) a part of the body of another person; or ii) an object held or manipulated by another person

b) connection between the mouth or tongue of one person and a part of another person's genitalia or anus

c) the continuation of connection of a kind described in paragraph a) or b)

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Abduction - with intent to C) Cause him or her to be married or to have sexual connection with some other person

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Abductor takes away or detains a victim to enable another person to marry them

The offenders intent is to enable another person to have sexual connection with the victim

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Kidnapping - with intent to A) hold him or her for ransom or to service

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Ransom: a sum of money demanded or paid for the release of a person being held capture

Service: hold as a servant or slave

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Kidnapping - with intent to B) cause him or her to be imprisoned or confined

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Confined: restricting their movement within a geographical area

Wider meaning that includes curtailing their activity and exercising control and influence over them

Imprisoned: Narrower meaning than 'confine' eg locked in the boot of a car or room

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Kidnapping - with intent to C) cause him or her to be sent or taken out of NZ

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Sent out of NZ

Taken: suggest victim in company or custody of a person accompanying them out of NZ

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Young person under 16

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Under 208 and 209 a young person cannot consent to being taken away or detained

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Section 210A

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Person claiming in good faith right to possession