Kidnapping and Abduction definitions Flashcards
Unlawfully
Without lawful justification or excuse
Takes away
Taking away where the victim is physically removed from one place to another
Detains
Detaining is an active concept rather than a passive one. It involves doing something to impose a constraint or restraint on the person detained
Any person
Generally accepted by judicial notice or proved by circumstantial evidence
Without their consent
Consent is a persons conscious and voluntary agreement to something desired or proposed by another
Fraud
In some cases the offender may deceive the victim into agreeing to a proposition by misrepresenting the facts or their intentions
Duress
In other cases a Victim may agree to and offenders demands based on fear of the consequences if they refuse. Duress may also arise from actual or implied threat of force to the victim or another person but can also include other forms of pressure or coercion
Ransom
I ransom is a sum of money demanded or paid for the release of a person being held captive
For service
For service relates to situations where the offenders intent is to keep the victim as a servant or a slave
Confining
Confining a person can include restricting their movements to within a Geographical area that has a wider meaning that includes curtailing their activity and exercising control and influence over them
To cause
“To cause” suggests it is not necessary for the kidnapper to directly affect the confinement themselves
Sent
The offenders intent is for the victim to leave NZ
Taken
Suggests the victim is in the company or custody of a person accompanying them out of NZ
With intent
To commit a deliberate act and get a specific result
Cause the person to go through marriage etc
The abductor takes away or detains a victim to enable another person to go through marriage so you know that I have sexual connection
