Kidnapping

Question 1

What is the section and penalty for Kidnapping?

Answer 1

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

- 14 years imprisonment

Question 2

What are the elements for kidnapping?

Answer 2

1. Unlawfully
2. Takes away or detains
3. any person
4. without consent or consent by fraud or duress
5. With intent to:

(a) to hold for ransom or to service or
(b) to cause him or her to be confined or imprisoned OR
(c) to cause him or her to be sent or taken out of New
Zealand

Question 3

What is R v M (taking / intention)

Answer 3

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

Question 4

What must be proved?

Answer 4

1. The defendant took or detained a person
2. the taking or detaining was deliberate and intentional
3. the taking or detaining was unlawful
4. there was no consent or consent obtained by
   fraud or duress for the taking away or detaining
5. the defendant knew that the person was not
   consenting.
6. The defendant intended:

a) to hold for ransom or service or
b) to detain or imprison or
c) to send out of New Zealand

Question 5

What is ransom?

Answer 5

A demand for a sum of money to be paid in exchange for the person being held. To release