KIDNAPPING

Question 1

Section, Act, Penalty

Answer 1

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

Question 2

Unlawfully

Answer 2

Without lawful justification, authority or excuse

Question 3

Crown to prove - Case Law

Answer 3

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.

Question 4

Ransom

Answer 4

A sum of money demanded or paid for the release of a person being held captive

Question 5

Intent to hold for service

Answer 5

To keep the Victim as a servant or slave

Question 6

Intent to cause to be confined

Answer 6

Restricting their movements within a geographical area and also includes curtailing their activity and exercising control and influence over them

Question 7

Intent to cause to be imprisoned

Answer 7

To put in prison or confine them as if they were in a prison. Narrower meaning than confine

Question 8

Intent to cause to be sent out or taken out of NZ

Answer 8

Leave New Zealand perhaps as the result of a threat.

Taken suggests in the company or custody of another

Question 9

Taking Away vs. Detaining - Case Law

Answer 9

Crossan
Taking away and detaining are “separate and distinct offences. The first consists of taking the victim away. The second of detaining them.

Question 10

Take Away - Case Law

Answer 10

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.

Question 11

Detaining - Case Law

Answer 11

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.

Question 12

Detaining - Case Law

Answer 12

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.

Question 13

Person

Answer 13

Person

Gender neutral proven by judicial notice or circumstantial evidence.

Question 14

Person

Answer 14

Person

Gender neutral proven by judicial notice or circumstantial evidence.

Question 15

Consent - Definition and Case Law

Answer 15

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.

Question 16

Consent - Definition and Case Law

Answer 16

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.

Question 17

Consent obtained by fraud

Answer 17

Consent obtained by the misrepresentation of the facts or the offenders intentions.

Question 18

Consent obtained by duress

Answer 18

Actual or implied threat of force to the victim or another person. Can include other forms of pressure or coercion.

Question 19

Intent

Answer 19

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

Question 20

When is the offence complete - Case law

Answer 20

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.

Question 21

Intent Formed - Case Law

Answer 21

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.