Liability 209 (a) or (b) or (c)

Question 1

Kidnapping

Section and Penalty

Answer 1

Section 209(a) or (b) or (c) Crimes Act 1961

14 Years Imprisonment

Question 2

Kidnapping

Ingredients

Answer 2

.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) 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 NZ

Question 3

.1 Unlawfully

Answer 3

Without lawful justification, authority or excuse.

Question 4

.2 Takes away

OR

Detains

Answer 4

Takes away and detains are “separate and distinct offences”. The first consists of taking the victim away. The second of detaining them.
R v Crossan

_____

Takes away:
The essence of the offence of kidnapping is the deprivation of liberty coupled with carrying from the place where the victim wants to be.
R v Wellard

OR

Detains:
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.
R v Pryce

Question 5

.3 A person

Answer 5

Gender neutral, proven by judicial notice and circumstantial evidence.

Question 6

.4 Without his or her consent

OR

With his or her consent obtained by fraud or duress

Answer 6

Consent:
A person conscious and voluntary agreement to something desired proposed by another.

_____

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

_____

Consent by fraud:
Consent obtained by the misrepresentation of the facts or the offender’s intentions.

OR

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

_____

A child under the age of 16 years cannot consent to being taken away or detain.
Sec. 209A, Crimes Act 1961

Question 7

.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 NZ

Answer 7

Intent:
In the criminal law context there are two specific types pf intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

_____

The offence is committed at the time of taking 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.
R v Mohi

_____

Ransom:
Sum of money demanded or paid for the release of a person being held capture.
or
Service:
Hold as a servant or slave.

OR

Confined:
Restricting their movements to within a certain geographical area.
or
Imprisoned:
Held as if in prison.

OR

Sent out of NZ:
To be sent out of NZ shores.
or
Taken out of NZ:
Taken suggests the victim i company or custody of a person accompanying them out of NZ.