Abduction & Kidnapping

Question 1

Difference Between Taking Away Vs Detaining

Answer 1

“Taking away” and “detaining” are two separate and distinct acts giving rise
to two different offences, and the prosecution should specify which of the acts
is being alleged. Where there is evidence of both taking away and detaining,
two charges should be laid.

Question 2

Define Taking Away

Answer 2

“Taking away” generally refers to situations where the victim is physically
removed from one place to another, for example a baby that is taken from its
mother at gunpoint and driven to another location to be held for ransom.

Question 3

Define Detaining

Answer 3

“Detaining” is an active concept rather than a passive one. It involves doing
something to impose a constraint or restraint on the person detained.

Question 4

Define Ransom

Answer 4

Kidnapping is often used as a means to extort money from the victim’s family
or from those who would seek to have the victim returned.
A “ransom” is a sum of money demanded or paid for the release of a person
being held captive.

Question 5

Define Service

Answer 5

This provision relates to situations where the offender’s intent is to keep the
victim as a servant or slave.

Question 6

Define Confine

Answer 6

“Confining” a person can include restricting their movements to within a
geographical area, but also has a wider meaning that includes curtailing their
activity and exercising control and influence over them.
Note that the inclusion of the words “to cause” in this section suggest that
although the kidnapper must intend to be responsible for the victim being
confined, it is not necessary for him to directly effect the confinement
himself.

Question 7

Define Imprison

Answer 7

To “imprison” a person means to put them in prison, or to confine them as if
in prison. It has a narrower meaning than “confine” as discussed above, and
may apply in situations where the victim is, for example, locked in a room or
in the boot of a car.