Kidnapping S209(c) CA61

Question 1

What are elements to S209(c) CA61

Answer 1

• Unlawfully
• Takes away or detains
• A person
• Without their consent or with consent obtained by fraud or duress
• With intent to cause him/her to be sent or taken out of NZ

Question 2

Define “Intent to cause to be sent out of NZ”

Answer 2

Under this provision the offender’s intent if for them to leave NZ. The term SENT may include situations where the victim leaves NZ on their own accord as a result of a threat or other form of duress

Question 3

Define “Intent to cause to be taken out of NZ”

Answer 3

The word taken suggests that the victim is in the company to custody of a person accompanying them out of NZ