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7.4.20.2 - Checklist: Kidnapping (Statutory)

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Two elements the prosecution must prove beyond reasonable doubt:

1. The accused lead, took or enticed the complainant away, or detained the complainant; and

2. The accused did so with the intention of demanding a ransom or gaining an advantage.

 

Taking the complainant

1.1 Did the accused lead, take or entice the complainant away?

Consider – Was the accused the effective cause of the complainant accompanying him or her?

If yes, then go to 2.1

If no, then go to 1.2

1.2 Did the accused detain the complainant?

Consider – Did the accused prevent the complainant from moving freely from one place to another, without a reasonable means of escape.

If yes, then go to 2.1

If no, then the accused is not guilty of kidnapping

Intention of accused

2.1 Did the accused take or detain the complainant with the intention of demanding a ransom?

If yes, then the accused is guilty of kidnapping (as long as you also answered yes to question 1.1 or 1.2)

If no, then go to 1.2

2.2 Did the accused take or detain the complaint with the intention of gaining an advantage?

If yes, then the accused is guilty of kidnapping (as long as you also answered yes to question 1.1 or 1.2)

If no, then the accused is not guilty of kidnapping

 

 

Last updated: 30 May 2014

See Also

7.4.20 - Kidnapping (Statutory)

7.4.20.1 - Charge: Kidnapping (Statutory)