Please enable JavaScript.
Coggle requires JavaScript to display documents.
Kidnapping - Coggle Diagram
Kidnapping
- Kidnapping protects 2 different legal interests
- Two interests: the persons freedom of movement and the custodians or parents control over their children.
- Kidnapping is a principle that is against a persons freedom of movement.
- A kidnappers motive is immaterial to courts: it is sufficient for intention to deprive a person of their freedom of movement and the custodians parental care over their child to commit the crime
- Ulterior purpose is not a requirement for personal liability.
- No physical harm - can still constitute kidnapping.
- The law recognises that even if the victim consented in certain circumstances, it still constitutes as kidnapping.
- In the case where a child has consented to their removal, the exercise of the custodians parental control has been violated and therefore constitutes as kidnapping.
- Removal need not be by force, could also be by deception.
- It does not need to be a physical removal.
-
- Child stealing is merely a form of kidnapping
- Parent cannot commit the crime of kidnapping in respect of their own child.
- May be justified where someone is acting in their official capacity (lawful arrest by policeman).
- Or where there is consent.
- X must have known that Y did not provide their consent or if Y was a child below the age of 18 that the parents have not consented
- X may not have intended for permanently depriving Y of their freedom of movement, it is sufficient that they intend to release Y on payment of ransom.
- Xs motive for depriving Y of their freedom of movement is irrelevant.
- Element of removal with reference to the manner and duration thereof
- Not perfectly clear as to whether there should be a duration of the deprivation of freedom of movement.
- The favourable view is that the time factor is immaterial to the case.
- The only relevance is to distinguish the intention and therefore could constitute as assault involving the transient and incidental seizure where there is a short period of time, however, a short period of time such as a couple of hours is sufficient to be charged for kidnapping.
- Can a parent commit kidnapping in respect of their own child?
- Cannot commit the crime of kidnapping in respect of their own child.
- Even if the parent removes the child from their guardian who was granted with care.
-
- Unlawful and intentional deprivation of freedom of movement of a person and if they are under the age of 18, the custodians control over their child.