Kidnapping Flashcards

1
Q

Kidnapping

Section 209 (a) or (b) or (c) Crimes Act 1961
14 years imprisonment

Section and Penalty

A
Section 209 (a) or (b) or (c) Crimes Act 1961
14 years imprisonment
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2
Q

Kidnapping S209 1 -a-b-c CA61 14y

A
  • 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 service OR
    (b) cause him or her to be imprisoned or confined OR
    (c) cause him or her to be sent or taken out of NZ
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3
Q

Define confined

A

Restricting their movements to within a geographical area

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4
Q

Define imprisoned

A

To be held as if in prison

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5
Q

Define ‘sent or taken out of NZ’

A

Sent out of NZ - To be sent out of NZ shores

Taken out of NZ - Taken suggest the victim is in the company or custody of a person accompanying them out of NZ.

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6
Q

Define Ransom

A

Ransom is a sum of money demanded or paid for the release of a person being held captive

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7
Q

Define Service
(servant or a slave)

A

Relates to situations where the offenders intent is to keep the victim as a servant or slave.

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8
Q

R V M

A

The crown must prove that the accused intended to take away or detain the complainant and that he or she knew that the complainant was not consenting

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