Abduction and Kidnapping Questions Flashcards
1
Q
Taking away and detaining are two separate and distinct acts. Outline the differences and the relevant case law
A
R v Crossan
Taking away and detaining are two separate and distinct acts giving rise to two different offence, and the prosecution should specify which of the acts is being alleged. Where there is evidence of both, two charges should be laid.
2
Q
Detail the elements of kidnapping
A
Section 209 CA61
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 for service
Cause him or her to be confined or imprisoned
Cause him or her to be sent or taken out of New Zealand
3
Q
What are the
A