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CMY3706 WITH 100% VERIFIED QUESTIONS AND ANSWERS South African common law defines kidnapping as follows: - ANSWER-"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, R367,41   Add to cart
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CMY3706 WITH 100% VERIFIED QUESTIONS AND ANSWERS South African common law defines kidnapping as follows: - ANSWER-"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,

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CMY3706 WITH 100% VERIFIED QUESTIONS AND ANSWERS South African common law defines kidnapping as follows: - ANSWER-"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 ...

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  • April 11, 2024
  • 37
  • 2023/2024
  • Exam (elaborations)
  • Questions & answers

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  • cmy3706
  • cmy3706 with 100 verified questions and answers
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CMY3706 WITH 100% VERIFIED QUESTIONS AND ANSWERS South African common law defines kidnapping as follows: - ANSWER -"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 - ANSWER -hijacking or robbery Kidnapping for ransom is associated with instances where - ANSWER -the offender seeks money or a specif ic action as an outcome, such as debt recovery, propaganda, revenge or sexual purposes Phillips (in Van Heerden, 2017) defines kidnapping for ransom as - ANSWER -the "taking and holding of a person in an unknown location for the intention of seeking some f orm 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 - ANSWER -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. Kidnapping is a diverse and evolving phenomenon that is especially prevalent in - ANSWER -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 Noor -Mohammed (2014 in Van Heerden, 2017) is of the opinion that when career kidnapping for ransom incidents occurs - ANSWER -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 - ANSWER -"the taking of a person against his/her will, or decision through violence, force, threat or intimidation". British law defines kidnapping as - ANSWER -"the nature of the offence is an atta ck on, and infringement of, the personal liberty of an individual" British law contains four criteria - ANSWER -• 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 American law defines extortion as - ANSWER -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 - ANSWER -the practice of obtaining something, especially money, through force or threats. South African law defines extortion as being when - ANSWER -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 - ANSWER -financial loss or "something that can be converted into or expressed in terms of money or economic value". Non patrimonial damage - ANSWER -when an intentional or negl igent 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 - ANSWER -"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". Abductions thus focus on a specific group of victims - ANSWER -namely minors abduction is generally associated with - ANSWER -specific types of kidna pping, namely bride kidnapping or in crimes where paedophiles are involved. The modus operandi and motive for kidnapping are to - ANSWER -forcefully remove an adult or minor, denying them liberty in return for a certain type of ransom. to secure the relea se of the abduction victim - ANSWER -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 - ANSWER -the different types of kidnappings and to accurately capture reliable statistics per kidnapping type. Currently, no distinction is made between the different types o f kidnappings, resulting in - ANSWER -all incidents being generically reflected in the annual crime statistics under the Crime Administration System (CAS) crime code: 52205 as "man -stealing" (kidnapping).

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