Kidnapping

Question 1

Section

Answer 1

Section 209 (a) or (b) or (c), Crimes Act 1961

Question 2

Penalty

Answer 2

14 years

Question 3

Ingredients

Answer 3

1) Unlawfully
2) Takes away or Detains
3) A person
4) Without consent OR With consent obtained by fraud or duress
5) With intent to
a) To hold him or her for ransom or to service OR
b) To cause him or her to be imprisoned or confined
c) To cause him or her to be sent or taken out of NZ

Question 4

Unlawfully

R v Chartrand

Answer 4

Without lawful justification, authority or excuse.

Question 5

R v Crossan

Taking away v Detaining

Answer 5

Taking away and detaining are separate and distinct offences. The first consists of taking the victim away; the second of detaining them

Question 6

Takes away

R v Wellard

Answer 6

The essence of the offence of kidnapping is the”deprivation of liberty coupled with the carrying away from the place where the victim wants to be.

Question 7

“Detaining is an active concept meaning to keep in confinement or custody…..

Answer 7

This is to be contrasted to the passive concept of harbouring or mere failure to hand over.

Question 8

What is the two elements of consent

Answer 8

1) conscious and

2) voluntary agreement to something desired or proposed by another

Question 9

R v Cox (consent)

What are six elements

Answer 9

1) Full
2) Voluntary
3) Free and
4) Informed
5) Freely and voluntarily given
6) By a person in a position to form a rational judgement.

Question 10

Consent obtained by a misrepresentation of he facts or the offenders intentions

Answer 10

To obtain consent by duress

Question 11

Can a child under the age of 16 consent to being taken away or detained?

Answer 11

No

Question 12

A fleeting or passing thought is not sufficient; there must be a firm intent or a firm purpose to effect the act

a) R v Waaka
b) R v Mohan
c) R v Mohi

Answer 12

R v Waaka

Question 13

A decision to bring about, in so far as it lies within the accused power, the commission of the offence.

a) R v Waaka
b) R v Mohan
c) R v Mohi

Answer 13

R v Mohan

Question 14

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.

a) R v Waaka
b) R v Mohan
c) R v Mohi

Answer 14

R v Mohi

Question 15

Ranson

Answer 15

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

Question 16

Service

Answer 16

Hold as servant or slave

Question 17

Confined

Answer 17

Restricting their movements to within a geographical area.

Question 18

Imprisoned

Answer 18

To be held as if in prison

Question 19

Sent out of NZ

Answer 19

Sent-Normal meaning, to be sent outside NZ shores

Question 20

Taken out of NZ

Answer 20

“Taken” suggests victim in company or custody of a person accompanying them out of NZ