Kidnapping

Question 1

Kidnapping

Answer 1

Section 209, Crimes Act 1961
Penalty: 14 years
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 or her for ransom or to service
(b) with intent to cause him or her to be confined or imprisoned
(c) with intent to cause him or her to be sent or taken out of NZ

Question 2

Unlawfully

Answer 2

R v Chartrand

Unlawfully means “without lawful justification, authority or excuse”

Question 3

takes away

Answer 3

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

Question 4

with intent to hold him or her for RANSOM

Answer 4

R v Mohi
The offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent. It has never been regarded as necessary…that the Crown should show the intent was carried out
Ransom
is a sum of money demanded or paid for the release of a person being held captive

Question 5

with intent to hold him or her to SERVICE

Answer 5

R v Mohi
The offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent. It has never been regarded as necessary…that the Crown should show the intent was carried out
Service
the offenders intent is to keep the victim a servant or slave

Question 6

with intent to cause him or her to be CONFINED

Answer 6

restricting their movement to within a geographical area, includes curtailing their activity and exercising control and influence over them

Question 7

with intent to cause him or her to be IMPRISONED

Answer 7

means to put them in prison or confine them as if in prison.

Question 8

with intent to cause him or her to be SENT OR TAKEN OUT OF NZ

Answer 8

SENT: the offenders intent is for the victim to leave NZ
TAKEN: that the victim is in the company or custody of a person accompanying them out of NZ