Court of Appeal Wellington
18 September; 7 November 1996
Richardson P, Gault, Thomas, Blanchard and Neazor JJ
18 September; 7 November 1996
Richardson P, Gault, Thomas, Blanchard and Neazor JJ
Criminal law — Offences — Abduction — Mother having custody of child — Father having weekend access — Father failing to return child after weekend — Whether father guilty of offence under s 210 of Crimes Act 1961 — Whether child "detained" — Time at which father "gets possession" of child — Crimes Act 1961, s 210.
Statutes — Interpretation — Penal statute — Meaning of "detains" and "gets possession" — Purposive and literal meanings — Avoidance of anomalous results — Crimes Act 1961, s 210.
Family and domestic relationships — Infants and children — Observations as to invocation of criminal law for breach of custody and access arrangements — Crimes Act 1961, s 210.
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