Kidnapping Flashcards
Kidnapping Legislation
Section 209 C A 1961
Every one is liable to imprisonment for a term not exceeding 14 years who
- unlawfully
- takes away or detains
- a person
- without his or her consent or
- with his or her consent obtained by fraud or duress,
(a) with intent to hold him or her for ransom or to service; or
(b) with intent to cause him or her to be confined or imprisoned; or
(c) with intent to cause him or her to be sent or taken out of New Zealand.
Kidnapping - What must be proved ? R V M
“The Crown must prove that the accused intended to take away or detain the complainant and that he or she knew that the complainant was not consenting”
Ransom meaning
A “ransom” is a sum of money demanded or paid for the release of a person being held captive
Intent to hold for service meaning
To keep the victim as a servant or slave.
Intent to cause to be confined meaning
-Can include restricting their movements to within a
geographical area,
-Also includes curtailing their activity and exercising control and influence over them.
Intent to cause to be imprisoned meaning
Has a narrower meaning than “confined”
Eg: locked in a room or boot of a car etc