CMY3706 ASSIGNMENT WITH QUESTIONS
AND ACTUAL ANSWERS SEMESTER 2 2024 DUE
AUGUST 2024/CMY3706 {LATEST}
Noor-Mohammed (2014 in Van Heerden, 2017) is of the opinion that when career kidnapping for ransom
incidents occurs - various definitional issues can cause challenges for the criminal justice system,
resulting in confusion, since kidnapping incidences can span multiple jurisdictions
In American law, kidnapping is defined as - "the taking of a person against his/her will, or decision
through violence, force, threat or intimidation".
South African common law defines kidnapping as follows: - "it consists in unlawfully and intentionally
depriving a person of his or her freedom of movement and/or, if such a person is a child, the custodians
of their control over the child"
kidnapping can include a broad range of actions that can be associated with other criminal acts, such as -
hijacking or robbery
Kidnapping for ransom is associated with instances where - the offender seeks money or a specific action
as an outcome, such as debt recovery, propaganda, revenge or sexual purposes
Phillips (in Van Heerden, 2017) defines kidnapping for ransom as - the "taking and holding of a person in
an unknown location for the intention of seeking some form of concession, regardless of whether a
monetary, political, social (ransom) demand is sought after"
Aspects that are of importance from the definitions of kidnapping are - the deprivation of a person's
freedom for a certain unknown period until some sort of compensation is agreed upon between the
perpetrators and the victim's family, after which the kidnapped hostage will be released.
,American law defines extortion as - a crime obtaining money or property by threat to a victim's property
or loved ones, intimidation or false claim of a right.
In British law, extortion is defined as - the practice of obtaining something, especially money, through
force or threats.
South African law defines extortion as being when - a person unlawfully and intentionally obtains some
advantage, which may be of either a patrimonial or a
non-patrimonial nature, from another by subjecting the latter to pressure which induces him/her to
hand over the advantage.
According to Mastrosimone (in Van Heerden, 2017), patrimonial damage relates to - financial loss or
"something that can be converted into or expressed in terms of money or economic value".
Non patrimonial damage - when an intentional or negligent act causes personal injury or "as something
that cannot be related to a person's financial estate, but compensation for something like pain and
suffering".
According to Snyman (in Van Heerden, 2017), in South African law abduction is defined as - "a person,
male or female, commits abduction if he or she unlawfully and intentionally removes an unmarried
minor, who may likewise be either male or female, from the control of his or her parents or guardian and
without the consent of such parents or guardian, intending that he or she or somebody else may marry
or have sexual intercourse with the minor".
British law defines kidnapping as - "the nature of the offence is an attack on, and infringement of, the
personal liberty of an individual"
British law contains four criteria - • the taking away or carrying away of one person by another
• by force or by fraud
• without the consent of the person so taken or carried away
• without lawful excuse
, Abductions thus focus on a specific group of victims - namely minors
abduction is generally associated with - specific types of kidnapping, namely bride kidnapping or in
crimes where paedophiles are involved.
The modus operandi and motive for kidnapping are to - forcefully remove an adult or minor, denying
them liberty in return for a certain type of ransom.
to secure the release of the abduction victim - specialised intervention is required to mitigate the threat
to life and physical harm.
>>> Such intervention normally consists of the activation of trained negotiators, investigators and tactical
resolution agencies.
There is no system or database in place or available in SA to distinguish between - the different types of
kidnappings and to accurately capture reliable statistics per kidnapping type.
Kidnapping is a diverse and evolving phenomenon that is especially prevalent in - Third World countries
with high levels of crime.
>>> These countries are generally poorly resourced and have inadequately trained police personnel,
corrupt public officials, ineffective intelligence services, a weak judiciary and a history of political or
social instability and conflict
Currently, no distinction is made between the different types of kidnappings, resulting in - all incidents
being generically reflected in the annual crime statistics under the Crime Administration System (CAS)
crime code: 52205 as "man-stealing" (kidnapping).
The reason for doubting the accuracy of the statistics can firstly be ascribed to - lack of confidence in the
SAPS and the judicial system of SA, resulting in an under-reporting of cases.
Information available globally on the true extent of kidnappings is limited due to - a lack of an
international legislative framework to prosecute transnational perpetrators.
