CIA Kidnapping

Question 1

From legislation perspective :

What does ‘Crimes In Action’ mean

Answer 1

‘Crimes in action’

• Have unique complexities not normally encountered
• Occur whilst investigation is being conducted
• Have life threatening consequences
• Are time critical and high risk
• May be difficult to determine which offence type is being dealt with from initial information given

Question 2

Outline Common Law:

False Imprisonment

Answer 2

• Common Law Offence Elements:

1. Accused DEPRIVED another person of his liberty
2. Accused INTENDED to deprive the person of his liberty
3. Deprivation of liberty was UL

Question 3

Describe what type of offence is

Kidnapping

Answer 3

A continuing offence

• begins when victim is initially taken away
• ends when victim is released

Question 4

Outline 5 elements of

Common Law Kidnapping

Answer 4

CL Kidnapping has 5 elements

1. Accused TOOK or CARRIED person away
2. Accused DEPRIVED another person of his LIBERTY
3. Accused did this by FORCE or FRAUD
4. Person taken did NOT CONSENT to the conduct
5. Accused acted W/O LAWFUL JUSTIFICATION

Question 5

Outline 2 elements of

Statutory Kidnapping

Answer 5

Statutory Kidnapping has the following 2 elements

A. The accused lead, took, enticed or detained a person;

B. The accused did so either:

I) With the intent to demand from that person or any other person any payment by way of ransom for the return or release of that person; or

II) With intent to gain for him or herself or

any other person an advantage, however arising, from the detention of that person