Kidnapping Flashcards
Kidnapping Act, Section, Punishment
CA 1961 Section 209 14 years
Ingredients Kidnapping
Unlawfully
Takes away OR detains
A Person
Without their consent OR consent obtained by fraud or duress
With Intent to
A - Hold for ransom or service
B - Cause to be imprisoned or confined
C - Cause to be sent or taken out of New Zealand
The actus reus elements of kidnapping are identical to those of abduction the only difference is…
The offenders intent
Is it necessary to prove that the intent was actually carried out?
No. If it can be proved the offender kidnapped a person with intent to hold them for ransom, the offence is complete as soon as the victim is detained whether or not the ransom is sought.
For a conviction under section 209 the Crown must prove that:
The defendant took away or detained a person
Taking or detention was intentional or deliberate
Taking or detention was unlawful
Taking was done without that persons consent or with consent induced by fraud or duress
The defendant knew that there was no consent to the taking or detention and
The defendant intended to
A - hold the person for ransom or to service or
B - Cause the person to be confined or imprisoned
C - Cause the person to be sent or taken out of NZ
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
What is a ransom?
A sum of money demanded or paid for the release of a person being held captive
Explain intent to hold to service?
When the offenders intent is to keep the victim as a servant or slave
Explain intent to cause to be confined
Confining a person can include restricting their movements to within a geographical area but also gas a wider meaning that includes curtailing their activity and exercising control and influence over them.
The word “To cause” in this section suggest that although the kidnapped must intend to be responsibility for the victim being confined it it not necessary for him to directly effect the confinement himself
To imprison means
Put them in prison or confine tham as if in prison, a narrower meaning that “cause to be confined”
Cause to be sent out of NZ means
That the offenders intent is for the victim to leave NZ. The term sent may include situations where the victim leaves the country on their own perhaps as the result of a threat or other form of duress
Intent to cause to be taken out of NZ means
The word taken suggests that the victim is in the company or custody of a person accompanying them out of NZ
