Kidnapping

Question 1

What offence section in CA is kidnapping

Answer 1

s63A

Question 2

What are the 5 elements of kidnapping

(common law)

Answer 2

One – The accused took or carried the complainant away. TC

Two – The accused deprived the complainant of his or her liberty. DL

Three – The accused did this by force or fraud. FF

Four – The complainant did not consent. NC

Five – The accused acted without lawful justification or excuse. WEJ

use this offence when a crook has taken a person against their will. i.e crook enters night club and takes female away w/o her consent

Question 3

What are the POP for

Statutory Kidnapping

Answer 3

• Leads take entices away (LET)
• Any person (AP)
• with intent to
  
  • demand ransom for person to be released
  • Gain advantage for himself or for another from the detention of the person

Crook kidnaps Lebron JAMES with force against his will. Accused has then made demands for money in exchange for his release

Question 4

when does the offence of kidnapping begin and end

is it necessary to also charge for the offence of false imprisonment

Answer 4

Kidnapping is a continuing offence that begins when the victim is initially taken away, and ends when the victim is released.

It is not necessary to separately charge false imprisonment when the victim is taken away and then detained at a fixed location.

Question 5

Outline POP for

Abduction - any age

Answer 5

• (A) takes or detains TorD (B) or
  
  • causes (B) to be TorD by AP and
  • (B) does not consent to being TorD
• (A) knows (B) does not consent to being TorD or
  
  • (B) probably does not consent to being TorD
• (A) Intends for (B) to take part in sexual act with him or
  
  • (B) to take part in sexual act with AP (C) or
  • (A) or (C) will marry (B) w/o her consent

Crook takes a female off her bike along a bike path, drags her into the toilet blocks and forces her to have sex

Question 6

What are the POP for

Abduction <16

Answer 6

• TorD another person or
  
  • causes victim to be taken away or detained by another person
• Victim is <16
• Against will of PorG who has lawful charge of victim and
  
  • accused knows victim <16 or
  • probably knows they are
• PorG does not consent for victim to be TorD
• Accused intends victim to take part in sexual act

Crook enters neighbours house and has sex with 14y.o female knowing that she is 14 regardless whether she consents