Kidnapping

Question 1

Act and section

Answer 1

S209 (a) or (b) CA 1961

Question 2

Penalty

Answer 2

14 years

Question 3

Ingredients

Answer 3

Unlawfully
Takes away or detains
A person
Without consent or
With consent obtained by fraud or duress
With intent to hold him or her for ransom or service or
With intent to cause him or her to be confined or imprisoned

Question 4

Unlawfully case law

Answer 4

R v Chartrand

Without lawful justification, authority or excuse

Question 5

Takes away case law

Answer 5

R v Crossan
Taking away and detain are distinctive and separate offences. The first involves taking the victim away and the second involves detaining her

R v Wellard
The essence of the offence of kidnapping is the deprevation of liberty coupled with a carrying away from the place where the victim wants to be

Question 6

Detains case law

Answer 6

R v Crossan
Taking away and detaining are separate and distinctive offences. The first involves taking the victim away and the second involves detaining her.

R v Pryce
Detaining is an active concept meaning to keep in confinement or custody. This is to be contrasted to the passive act of harbouring or mere failure to hand over

Question 7

Consent

Answer 7

A persons concious and voluntary agreement to do something desired or proposed by another

R v Cox
Consent must be free, voluntary, full and informed. Given by a person in a position to form a rational judgement.

Question 8

Consent by fraud

Answer 8

Consent obtained by misrepensation of the facts or the offenders intentions

Question 9

Consent by duress

Answer 9

Consent obtained by actual or implied violence to the victim or any other person or fear of the consequences if they refuse

Question 10

Intent

Answer 10

Mean to do it. They desire a specific result and act with the aim or purpose of achieving it.

R v Waaka
A fleeting or passing thought is insufficient. There must’ve a firm intent to effect the act

R v Mohan
A decision to bring about in so far as it lies within the accused power the commission of the offence

Question 11

Ransom

Answer 11

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

Question 12

Service

Answer 12

To hold as a slave or servant

Question 13

Confined

Answer 13

Restricting their movements to a geographical area

Question 14

Imprisoned

Answer 14

To be held as if in prison