*Kidnapping - s209(a)(b) & (c)

Question 1

Section & Penalty
- Kidnapping

Answer 1

• 209(a) or (b) or (c) Crimes Act 1961
• 14yrs

Question 2

*Elements
- Kidnapping

Answer 2

• 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 to service
  b) cause him or her to be confined or imprisoned
  c) cause him or her to be sent or taken out of NZ

Question 3

Unlawfully

Answer 3

Without lawful justification, authority or excuse.

Question 4

Taking away
- WELLARD

Answer 4

The essence of kidnapping is the deprivation of liberty coupled with a carrying away from the place where the victim wants to be.

Question 5

Taking away vs detaining
- CROSSAN

Answer 5

Taking away and detaining are “separate and distinct offences. The first consists of taking the victim away. The second of detaining them.

Question 6

Detains
- PRYCE

Answer 6

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.

Question 7

A person

Answer 7

Gender neutral. Proven by JN or CE.

Question 8

Consent

Answer 8

Consent is a persons conscious and voluntary agreement to something desired or proposed by another.

Question 9

COX
- Consent

Answer 9

Consent must be full, voluntary, free and informed. Freely and voluntarily given by a person in a position to form a rational judgement.

Question 10

Consent obtained by fraud

Answer 10

Consent obtained by the misrepresentation of the facts or the offenders intentions.

Question 11

Consent obtained by duress

Answer 11

Duress may arise from the actual or implied threat of force to the victim or another person.

But can also include other forms of pressure or coercion

Question 12

Intent

Answer 12

There are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

Question 13

MOHI
- Offence complete

Answer 13

The offence is complete once there has been a period of detention or a taking accompanied by the necessary intent, regardless of whether that intent was carried out.

Question 14

WAAKA
- Intent

Answer 14

• Intent may be formed at any time during the taking away.
• If a taking away commences without the intent to have intercourse, but that intent is formed during the taking away, then it’s sufficient for the purposes of the section.

Question 15

Ransom

Answer 15

A sum of money demanded or paid, for the release of a person being held captive.

Question 16

Service

Answer 16

Relates to situations where the offender’s intent is to keep the victim as a slave or servant.

Question 17

Cause to be imprisoned

Answer 17

• To imprison a person means to put them in prison, or to confine them as if in prison.

E.g. locked in a room or car boot.

Question 18

Cause to be confined

Answer 18

• To restrict a person’s movements to within a geographical area.
• Curtailing their activity & exercising control and influence over them.

Question 19

Cause to be sent or taken out of NZ

Answer 19

• The word “sent” suggests the victim leaves the country on their own, perhaps due to threats or duress.
• The word “taken” suggests that the victim is in the company or custody of a person accompanying them out of NZ.

Question 20

R v M

Answer 20

The crown must prove that the accused intended to take away or detain the complainant and that they knew the complainant wasn’t consenting.