Kidnapping - S209 Flashcards
Kidnapping
Section/Penalty/Elements
S209 CA61
14 years imprisonment
1) Unlawfully
2) Takes away or Detains
3) A Person
4) Without his or her consent
OR
With his or her consent obtained by fraud or duress
5) 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 NZ
S209
Element 1
Unlawfully
What case laws and definitions for this element?
Define unlawfully:
without lawful authority or excuse
S209
Element 2
Takes away OR Detains
What case laws and definitions for this element?
Define:
Takes away: physically removed from one place
Case laws:
R v Wellard
R v Crossan
R v Pryce
S209
Element 4
without their consent OR with consent obtained by fraud or duress
What case laws and definitions for this element?
Definition:
Fraud, Duress
Case law:
R v Cox (Consent)
S209
Element 5
With Intent to….
What case laws and definitions for this element?
Case laws:
R v Collister
R v Mohi
S209
Element 5
Ransom, Service, Confined
What case laws and definitions for this element?
Definition:
Ranson: Money demanded or paid for release
Service: hold servant/slave
Confined: restricted movement
Case law:
R v Wellard
loss of liberity and taking from the place the victim wants to be
Case law:
R v Crossan
Takes away and detained are seperate and distinct offences
Case law:
R v Pryce
Active concept “kept in confinement or custody”
Case law:
R v Cox (Consent)
Consent is full, voluntary, free and informed
Define:
Fraud
Fraud: misrepresenting the facts
Define:
Duress
Duress: Agreement based on fear or refusal
Case law:
R v Collister
R v Collister:
The actions/words before/during/after, the surrounding circumstances, and the nature of the act itself, infer intent
Note: Intent
Case Law:
R v Mohi
Offence complete at the time of the taking, accompanied by the necessary intent.
