Kidnapping S209(a) CA61

Question 1

What are the elements to Kidnapping S209(a) CA61

Answer 1

• Unlawfully
• Takes away or detains
• A person
• Without their consent or with consent obtained by fraud or duress
• With intent to hold him/her for ransom or to service

Question 2

Define Ransom

Answer 2

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

Question 3

Define “Hold to service”

Answer 3

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

Question 4

Under Kidnapping S209 CA61, what are the 6 things the crown must prove

Answer 4

(1) The defendant took away or detained the person
(2) The taking or detention was intentional or deliberate
(3) The taking or detention was unlawful
(4) The taking or detention was without the persons consent or consent was induced by fraud or duress
(5) The defendant knew there was no consent to taking or detaining
(6) The defendant intended a-c