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10 Cards in this Set
- Front
- Back
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Act and section of abduction |
Section 208 CA61 |
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Elements of abduction |
Unlawfully Takes away OR detains A person Without consent OR obtained by fraud/duress With intent to: - marry - have sexual connection - cause to be married to someone else - cause to have sexual connection with someone else |
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Definition of unlawfully |
Without lawful justification or excuse |
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What is R v Crossan? |
Taking away and detaining are two separate and distinct offences. The first was completed when the prisoner took the woman against her will. Then detained her against her will constited a new and different offence |
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R v Wellard |
Kidnapping is the depravation of liberty coupled with a carrying away from the place where the victim wants to be |
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R v Pryce |
Detaining is an active concept meaning to keep in confinement or custody. This is contrasted to the passive concept of harbouring or mere failure to hand over |
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R v Mohi |
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 |
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Kidnapping section and act |
Section 209 CA61 |
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Kidnapping elements |
Unlawfully Takes away OR detains Without consent/obtained by fraud/duress With intent to: - hold for Ransom - hold to service - cause to be confined - cause to be imprisoned - cause to be sent or taken out of NZ |
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Why is consent of a young person not a defence under s208-210? |
When the person is under 16 their consent does not have any effect |
