Kidnapping Elements And Case Law

Question 1

Kidnapping 
Section 209 (a) or (b) or (c) CA1961

Answer 1

Unlawfully 
Takes away or detains 
A person 
Without their consent or consent obtained by fraud or duress 
With intent to:
A) Hold for random or service
B) Cause to be imprisoned or confined 
C) Cause to be sent or taken out of New Zealand

Question 2

Unlawfully

Answer 2

Without lawful justification or excuse

Question 3

Takes away or detains

Answer 3

Crossen: takes away and detained are separate and distinct offenses (always use)

Takes away: physically removed from one place.
Wellard - Loss of liberty and taking from place victim wants to be.

Detains: Pryce - Detains is an active concept. “Keep in confinement or custody.

Question 4

A person

Answer 4

Accepted by Judicial notice or Circumstancial evidence.

Question 5

Without their consent or consent obtained by fraud or duress

Answer 5

Consent: Agreement to something desired or proposed.
Cox - Consent is full, voluntary, free and informed. Freely and voluntary given by a person to form rational judgment.

Fraud: Deceiving victim by misrepresenting the facts.

Duress: Agreement based on fear of refusal.

S209a - a young person cannot consent to being taken away or detained.

Question 6

With intent to:
A) Hold for ransom or service
B) Cause to be imprisoned or confined
C) Cause to be sent or taken out of New Zealand

Answer 6

Intent - an intent to commit a deliberate act with intent tobget a specific result.
Mohi - Offence committed at the time of taking as long as having necessary intent.

Ransom: money demanded or paid for release

Serive: hold as servant or slave

Confined: restricting movements

Imprisoned: as if in prison

Sent out of New Zealand: intent for victim to leave New Zealand. Sent or leaves under duress.

S210a defence - a person who claims in good faith a right to the possession of a young person under the age of 16 years cannot be convicted.