Kidnapping Flashcards
Kidnapping
Section and Penalty
Section 209 (a) or (b) or (c) Crimes Act 1961 14 years imprisonment
Ingredients
- Unlawfully
- Takes away OR detains
- A person
- Without his or her consent OR with his or her consent obtained by fraud or duress
- With intent to:
(a) hold him or her for ransom or service OR
(b) cause him or her to be imprisoned or confined OR
(c) cause him or her to be sent or taken out of NZ
Define confined
Restricting their movements to within a geographical area
Define imprisoned
To be held as if in prison
Define ‘sent or taken out of NZ’
Sent out of NZ - To be sent out of NZ shores
Taken out of NZ - Taken suggest the victim is in the company or custody of a person accompanying them out of NZ.
Define Ransom
Ransom is a sum of money demanded or paid for the release of a person being held captive
Define Service
Relates to situations where the offenders intent is to keep the victim as a servant or slave.
R V M
The crown must prove that the accused intended to take away or detain the complainant and that he or she knew that the complainant was not consenting