Kidnapping Flashcards
Kidnapping - section and ingredients
Section 209(a) or (b) or (c) of crimes act - 14 years
- unlawfully
- takes away or detains
- a person
- without consent OR with consent obtained by fraud or duress
- 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
OR
c) to cause him or her to be sent or taken out of NZ
What does unlawfully mean - R v Chartrand
Without lawful justification, authority or excuse
R v Crossan on taking away
Taking away and detaining are separate and distinct offences. The first consists of taking the victim away, the second of detaining them
R v Wellard on taking away
The essence of kidnapping is the deprivation of liberty coupled with a carrying away from the place the victim wants to be
R v Pryce on detains
Detaining is an active concept meaning to keep in confinement or custody. This is to be contrasted to the passive concept of harbouring or mere failure to hand over over
A person
Gender neutral, proven by judicial notice or by circumstantial evidence
What is consent
Consent is a persons conscious and voluntary agreement to something desired or proposed by another
R v Cox on consent
consent must be free, voluntary, full and informed, freely and voluntarily given by someone in a position to form a rational judgement
What is meant by obtaining consent by fraud
Consent obtained by the misrepresentation of the facts or the offenders intentions
What is meant by obtaining consent by duress
Consent obtained by actual or implied threat of force to the victim or another person. Can include other forms of pressure or coercion
What age does a person need to be to be able to consent to being taken away or detained
A child under the age of 16 years cannot consent to being taken away or detained
section 209A of the crimes act
what is intent
Mean to do it, they desire a specific result and act with the aim or purpose of achieving it
R v Mohan on intent
A decision to bring about, in so far as it lies within the power of the accused, the commission of the offence
R v Waaka on intent
A fleeting or passing thought is not sufficient, there must be a firm intent or firm purpose to effect an act
R v Mohi on intent while taking away
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
