KIDNAPPING Flashcards
Section, Act, Penalty
209 CA 1961 - 14yrs
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/her for ransom or to service
B) with intent to cause him/her to be confined or imprisoned
C) with intent to cause him/her to be sent or taken out of NZ
Unlawfully
Without lawful justification, authority or excuse
Crown to prove - Case Law
M
The crown must prove that the accused intended to take away or detain the complainant and that he/she knew that the complainant was not consenting.
Ransom
A sum of money demanded or paid for the release of a person being held captive
Intent to hold for service
To keep the Victim as a servant or slave
Intent to cause to be confined
Restricting their movements within a geographical area and also includes curtailing their activity and exercising control and influence over them
Intent to cause to be imprisoned
To put in prison or confine them as if they were in a prison. Narrower meaning than confine
Intent to cause to be sent out or taken out of NZ
Leave New Zealand perhaps as the result of a threat.
Taken suggests in the company or custody of another
Taking Away vs. Detaining - Case Law
Crossan
Taking away and detaining are “separate and distinct offences. The first consists of taking the victim away. The second of detaining them.
Take Away - Case Law
Wellard
The essence of the offence of kidnapping is the deprivation of liberty coupled with carrying away from the place where the victim wants to be.
Detaining - Case Law
Pryce
Detaining is an active concept meaning to keep in confinement or custody. This is to be contrasted to the passive concept of harbouring or mere failure to hand over.
Detaining - Case Law
Pryce
Detaining is an active concept meaning to keep in confinement or custody. This is to be contrasted to the passive concept of harbouring or mere failure to hand over.
Person
Person
Gender neutral proven by judicial notice or circumstantial evidence.
Person
Person
Gender neutral proven by judicial notice or circumstantial evidence.
Consent - Definition and Case Law
Consent is a persons conscious and voluntary agreement to something desired or proposed by another.
R v Cox
Consent must be full, voluntary, free and informed. Freely and voluntarily given by a person to form a rational judgement.
Consent - Definition and Case Law
Consent is a persons conscious and voluntary agreement to something desired or proposed by another.
R v Cox
Consent must be full, voluntary, free and informed. Freely and voluntarily given by a person to form a rational judgement.
Consent obtained by fraud
Consent obtained by the misrepresentation of the facts or the offenders intentions.
Consent obtained by duress
Actual or implied threat of force to the victim or another person. Can include other forms of pressure or coercion.
Intent
In a criminal law context there are two specific types of an intention in an offence. Firstly there must be an intention to commit the act and secondly an intention to get a specific result
When is the offence complete - Case law
Mohi
The offence is complete once there has been a period of detention or a taking accompanied by the necessary intent, regardless of whether that intent was carried out.
Intent Formed - Case Law
Intent may be formed at any time during the taking away. If a taking away commences without the intent to have intercourse, but that intent is formed during the taking away, then that is sufficient for the purposes of the section.
