Kidnapping Flashcards

1
Q

Kidnapping

Section and Penalty

A

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

14 years imprisonment

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2
Q

Kidnapping Ingredients

A

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.

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3
Q

Unlawfully

A

Without lawful justification, authority or excuse

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4
Q

R v Crossan

A

Taking away and detaining are “separate and distinct offences. The first consists of taking the victim away. The second of detaining them.
The first offence was complete when the prisoner took the woman away against her will. Then, having taken her away, he detained her against her will, and his conduct in detaining her constituted a new and different offence.

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5
Q

R v Wellard

A

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

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6
Q

R v Pryce

A

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.

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7
Q

Person

A

Gender neutral proven by judicial notice or circumstantial evidence.

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8
Q

Consent

And

R v Cox

A

Consent is a persons conscious and voluntary agreement to something desired or proposed by another.

R v Cox

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

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9
Q

To Obtain Consent by FRAUD

A

Consent obtained by the misrepresentation of the facts or the offenders intentions.

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10
Q

To obtain consent by DURESS

A

Actual or implied threat of force to the victim or another person. Can include other forms of pressure or coercion.

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11
Q

Child under 16

A

Section 209A Crimes Act 1961

For the purposes of S208 and S209, a person under the age of 16 years cannot consent to being taken away or detained.

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12
Q

Intent

A

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

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13
Q

Mohi

A

The offence is complete once there has been a period of detention or a taking accompanied by the necessary intent, regardless of whether that intent was carried out.

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14
Q

R v Waaka

A

Intent may be formed at any time during the taking away. If a taking away commences without the intent to have intercourse, but that intent is formed during the taking away, then that is sufficient for the purposes of the section.

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15
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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16
Q

With Intent to:

a) Hold him or her for RANSOM or to SERVICE

A

Ransom:
A sum of money demanded or paid, for the release of a person being held capture.

Service:
Hold as a servant or slave.

17
Q

b) To cause him or her to be IMPRISONED or CONFINED

A

Confined:
Restricting their movements to within a geographical area. (Includes wider meaning of curtailing their activity and exercising control and influence over them).

Imprisoned:
To be held as if in prison. (locked in a room or boot of a car)

18
Q

c) To cause him or her to be SENT or TAKEN OUT of NZ

A

Sent out of New Zealand:
Victim leaves country on their own, perhaps as a result of a threat or other form of duress

Taken out of New Zealand:
Taken suggests victim in company or custody of a person accompanying them out of New Zealand.

19
Q

Kidnapping Liability

A
Unlawfully
- meaning
Takes away
-R v Crossan
-R v Wellard
OR Detains
- R v Crossan
- R v Pryce
A person
- meaning
Without his/her consent
- Consent meaning
- R v Cox (consent)
OR With his/her consent obtained by fraud or duress
- Consent meaning
- R v Cox (consent)
-Fraud meaning (if appropriate)
- Duress meaning (if appropriate)
- Child Consent
With intent to:
- intent meaning
- R v Mohi
- R v Waaka
- R v M
Hold him/her for ransom or to service
- Ransom meaning
-Service meaning
To cause him/her to be imprisoned or confined
-Imprisoned meaning
- Confined meaning
To cause him/her to be sent or taken out of NZ
-Sent/Taken out of NZ meaning.