Kidnapping Case Study
Kidnapping
Definition
Kidnapping is an area of criminal law, and is action or crime of forcefully taking away and holding somebody prisoner, usually for ransom.
In Victoria, the law for kidnapping is:
Crimes Act 1958 - SECT 63A
Kidnapping
63A. Kidnapping
Whosoever leads takes or entices away or detains any person with intent to demand from that person or any other person any payment by way of ransom for the return or release of that person or with intent to gain for himself or any other person any advantage (however arising) from the detention of that person shall, whether or not any demand or threat is in fact made, be guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum).
Why does society have this law?
Society has kidnapping as a criminal law because it keeps society safe and protects you from people taking you. Laws establish a code of conduct for the community to live by, set a boundary for acceptable behaviour, reflect changing values and protects the community from harm.
Elements of a criminal law * Actus Reus – act of committing a crime * Mens Rea – guilty mind * Causation – act of causing something * Concurrence – where actus reus and mens rea occur at the same time
An indictable offence is a serious criminal offence that allows the accused or defendant to be tried before a judge and jury. A defendant/accused is the party or person charged with a criminal offence. A prosecutor is the party in a criminal trial who presents the case against the offender. The prosecutor is appointed by the Director of Public Prosecutions to work on a particular case, but is not necessarily a fulltime employee of the DPP.
The Crown refers to the monarch of Australia or their representative in Australia. It also refers to the state, which is acting on behalf of the Queen in bringing criminal charges against those who have committed crimes.
Some crimes do not require the prosecution to prove mens rea, all that
Definition
Kidnapping is an area of criminal law, and is action or crime of forcefully taking away and holding somebody prisoner, usually for ransom.
In Victoria, the law for kidnapping is:
Crimes Act 1958 - SECT 63A
Kidnapping
63A. Kidnapping
Whosoever leads takes or entices away or detains any person with intent to demand from that person or any other person any payment by way of ransom for the return or release of that person or with intent to gain for himself or any other person any advantage (however arising) from the detention of that person shall, whether or not any demand or threat is in fact made, be guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum).
Why does society have this law?
Society has kidnapping as a criminal law because it keeps society safe and protects you from people taking you. Laws establish a code of conduct for the community to live by, set a boundary for acceptable behaviour, reflect changing values and protects the community from harm.
Elements of a criminal law * Actus Reus – act of committing a crime * Mens Rea – guilty mind * Causation – act of causing something * Concurrence – where actus reus and mens rea occur at the same time
An indictable offence is a serious criminal offence that allows the accused or defendant to be tried before a judge and jury. A defendant/accused is the party or person charged with a criminal offence. A prosecutor is the party in a criminal trial who presents the case against the offender. The prosecutor is appointed by the Director of Public Prosecutions to work on a particular case, but is not necessarily a fulltime employee of the DPP.
The Crown refers to the monarch of Australia or their representative in Australia. It also refers to the state, which is acting on behalf of the Queen in bringing criminal charges against those who have committed crimes.
Some crimes do not require the prosecution to prove mens rea, all that