Kidnapping, Section 209 (a) or (b) or (c) Crimes Act 1961, Penalty 14 years

Question 1

Kidnapping
Act/Section/Penalty

Liability Wording

Answer 1

209 (a) or (b) or (c) Crimes Acts 1961
Penalty: 14 years

1. Unlawfully
2. Takes Away OR Detains
3. A person
4. Without Consent
   OR
   With consent obtained by fraud or duress
5. With intent to:
   (a) To hold him or her for ransom or to service
   OR
   (b) To cause him or her to be imprisoned or confined
   OR
   (c) To cause him or her to be sent or taken out of New Zealand

Question 2

R v Chartrand

- Unlawfully

Answer 2

Without lawful justification, authority or excuse

Question 3

R v Wellard

- Takes Away

Answer 3

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

Question 4

R v Pryce

- Detains

Answer 4

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 5

A Person

Answer 5

Gender neutral. Proven by judicial notice or circumstantial evidence

Question 6

“Consent”

Answer 6

“Consent” is a person’s conscious and voluntary agreement to something desired or proposed by another.

Question 7

R v Cox

Answer 7

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

Question 8

To obtain consent by fraud

Answer 8

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

Question 9

To obtain consent by duress

Answer 9

Consent obtained by actual or implied force to the victim or another person. Can include other forms of pressure or coercion.

Question 10

Child Under 16 years

Section 209A Crimes Act 1961

Answer 10

A child under the age of 16 years cannot consent being taken away or detained.

Question 11

Intent

Answer 11

Mean to do it, they desire a specific result and act with the aim or purpose of achieving it.

Question 12

R v Mohan

Answer 12

A decision to bring about, in so far as it lies in the accused’s power, the commission of the offence

Question 13

R v Waaka

Answer 13

A fleeting or passing thought is not sufficient; there must be a firm intent or a firm purpose to effect an act.

Question 14

R v Mohi

Answer 14

The offence is committed at the time of carrying away, so long as there is, at that moment, the necessary intent. It has never been regarded as necessary that the Crown should show the intent was carried out.

Question 15

Ransom

Answer 15

A sum of money demanded or paid for the release of a person being held capture

Question 16

Service

Answer 16

Hold as a servant or slave

Question 17

Confined

Answer 17

Restricting their movements to within a geographical area

Question 18

Imprisoned

Answer 18

To be held as if in prison

Question 19

Sent out of New Zealand

Answer 19

Sent - normal meaning, to be sent outside New Zealand’s shores

Question 20

Taken out of New Zealand

Answer 20

“Taken” suggests victim in company or custody or a person accompanying them out of New Zealand