Kidnapping Flashcards
What is the section for kidnapping?
86 Crimes Act
What are the aggravating circumstances for kidnapping? 86(2) Crimes Act 1900
In company of another person OR
Abh on the victim
20 years
What are the special aggravating factors of kidnapping? 86(3) Crimes Act 1900
a) IN COMPANY of another person or persons, AND
b) At the time of, or immediately before or after the commission of the offence, ACTUAL BODILY HARM is occasioned to the victim.
25 years
What are the proofs of kidnapping in accordance with Section 86 of the Crimes Act 1900?
Section 86 Crimes Act - Kidnapping
1) A person who takes or detains a person without the person’s consent;
a) With the intention to hold her or him to RANSOM; or
b) With the intention committing a SERIOUS INDICTABLE OFFENCE; or
c) With the intention of obtaining any other ADVANTAGE
What is the definition of detaining?
Detaining includes causing the person to remain where he or she is.
What is the definiton of taking?
Taking includes causing the person to accompany a person and causing the person to be taken.
What is ransom?
Redemption of a kidnapped person for a price. But doesn’t have to be money.
What is hold for advantage?
Can be anything as long as you can prove they gained something by holding them.