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Canada (509,854)
CRJS 3011 (12)
Doug King (12)
Lecture 11

CRJS 3011 Lecture 11: Criminal Law Lecture 11 April 3rd

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Criminal Justice
CRJS 3011
Doug King

Criminal Law Lecture 11 April 3 rd Kidnapping 279(1) You cant do a kidnapping without also doing a forcible confinement Kidnapping is a specific intent offence so we will look for the ulterior purpose Crimes against personsserious crimes Can be charged with kidnapping in three different Actus Reus (actions) o To cause refers to specific intent purpose 1. intent to cause the person to be confined or imprisoned against the persons will 2. to cause the person to be unlawfully sent or transported out of Canada against the persons will human trafficking type of stuff 3. to hold the person for ransom or to service against the persons will ulterior motive is in ransom o kidnapping implies physical constraint (not necessarily tying them up, but also locking them away, forcible confinement etc.) typically involves movement meaning that you move the victim from one location to another physically confine someone, move them to captive or imprison or send them to another country or to get something from themspecific intent key to understandingkidnapping is specific intent offence where you have to show the person was engaged in an action to pursue an ulterior motive and it has to be one of the three Forcible Confinement 279(3) General intent offences In essence, kidnapping without moving someone Crown does not have to prove that the person was confined for an ulterior purpose Just intention to forcibly confine someone o Confines, imprisons, or forcibly seizes another person; no specific intent or ulterior motive o Dont have to prove it was the intent of the person to forcibly confine someone, but that they intended to do the actions that resulted in the forcible confinement o Lesser included offence under a kidnappingevery time you kidnap someone you forcibly confine them as well o Nonresistance o You cannot say as an accused for kidnapping and forcible confinement, that the victim did not resistthis is not evidence that the person was not being kidnapped or forcible confined and complying with the actions
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