Kidnapping Exam
Kidnapping By Will Hutchison 9N
Definition & Identification
Kidnapping: Is an area of criminal law, and is the action or crime of forcefully taking away and holding somebody prisoner, usually for ransom. This must be proven by the prosecutor.
The law for kidnapping in Victoria
Crimes Act 1958 - SECT 63A
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.
Definition of a Criminal Law
Criminal Law is an area of law concerned with behaviour that is against an existing law and is harmful to society and, therefore, requires the imposition of a sanction.
Elements of a criminal law
Actus Reus (the act of committing a crime), mens rea (Guilty mind), causation (the act of causing something), concurrence (where Actus Reus and Mens Rea occur at the same time)
Age of criminal responsibility
Under Victorian law, a child under 10 years of age cannot be charged with having committed a criminal offence. It is assumed that a child under 10 years of age does not understand the consequences of their actions. Between the ages of 10 and 14, the law assumes a child is mentally incapable of committing a crime, but they can be charged with if the prosecution can prove that the child intended to commit the act and did so with ‘mischievous discretion’. This means that the child knew that the act was seriously wrong, more than just naughty. Children over the age of 14 can be charged in the same way adults are charged.
Sources of Criminal Law
The legislation regarding Criminal law in Victoria is the Crimes Act 1958 (above). This act of parliament lists Indictable offences and
Definition & Identification
Kidnapping: Is an area of criminal law, and is the action or crime of forcefully taking away and holding somebody prisoner, usually for ransom. This must be proven by the prosecutor.
The law for kidnapping in Victoria
Crimes Act 1958 - SECT 63A
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.
Definition of a Criminal Law
Criminal Law is an area of law concerned with behaviour that is against an existing law and is harmful to society and, therefore, requires the imposition of a sanction.
Elements of a criminal law
Actus Reus (the act of committing a crime), mens rea (Guilty mind), causation (the act of causing something), concurrence (where Actus Reus and Mens Rea occur at the same time)
Age of criminal responsibility
Under Victorian law, a child under 10 years of age cannot be charged with having committed a criminal offence. It is assumed that a child under 10 years of age does not understand the consequences of their actions. Between the ages of 10 and 14, the law assumes a child is mentally incapable of committing a crime, but they can be charged with if the prosecution can prove that the child intended to commit the act and did so with ‘mischievous discretion’. This means that the child knew that the act was seriously wrong, more than just naughty. Children over the age of 14 can be charged in the same way adults are charged.
Sources of Criminal Law
The legislation regarding Criminal law in Victoria is the Crimes Act 1958 (above). This act of parliament lists Indictable offences and