Kidnapping

Question 1

define kidnapping

Answer 1

unlawfully intentionally depriving a person of liberty of movement and/or his custodian of control

Question 2

what type of crime is kidnapping

Answer 2

common law crime

Question 3

what are the elements are kidnapping

Answer 3

deprivation
a person’s freedom of movement (and/or custodian control)
unlawfulness
intent

Question 4

what does the element of deprivation of a person’s movement include

Answer 4

freedom of a person and movement is a fundamental human right
deprivation is usually affected by force but forcible removal is not a requirement
there may also be no physical movement/removal
the duration of deprivation is irrelevant (may be relevant for the imposition of sentence)

Question 5

what are the factual scenarios for kidnapping

Answer 5

emotional
economic e.g. slavery/prostitution
financial e,g, to extract ransom
political e.g. terrorist kidnaps one for government to act

Question 6

what does the unlawfulness element involve

Answer 6

defences excluding unlawfulness
consent (not for children under 18: need parental/ custodians consent)
official capacity e.g. arrest
necessity
a parent cannot commit a crime In respect to their own child, even if they do not have custody of it merely contempt of court

Question 7

what does the intent element involve

Answer 7

kidnapper must have the intention to deprive a person of freedom of movement or, if a child parents/custodians did not consent
dolus required
motive irrelevant

Question 8

Describe what happened in the case of S v Amerika

Answer 8

the accused was sentenced to two counts of kidnapping and 3 years imprisonment for each charge. The accused had threatened the victim at her house one night with an axe telling her that he wanted the relationship back, the following day, she was on her way to work and he told her to shut up, initially beating with a stick after saying so, then forcing her to walk with him where he raped her.
the second victim who is deceased, the accused waited till she was alone and then raped her and killing her afterwards.

Question 9

describe what happened in the case of S v Mellors

Answer 9

A woman was kidnapped at the library. The woman was not taken anywhere but forced to make telephone calls. this was found to be kidnapping as the woman could not leave the library. hence her right of movement was infringed the court held that deprivation which lasted 2.5hrs was sufficient