SPOF 6212 - Learning unit 4.pdf

SPOF 6212 Learning unit 4 Crimes against freedom of movement and parental authority  Kidnapping Unlawfully and intentionally depriving a person of his freedom of movement and / or if such a person is a child, the custodians of their control over the child Elements of crime...

SPOF 6212 Learning unit 4 Crimes against freedom of movement and parental authority  Kidnapping Unlawfully and intentionally depriving a person of his freedom of movement and / or if such a person is a child, the custodians of their control over the child Elements of crime Deprivation Freedom of movement (or parental control) Unlawfully – no ground of justification Intentionally – dolus directus, dolus indirectus or dolus eventualis  Elements of crime Intention Deprivation X must know that Y has not consented to Removal need not be Freedom of movement Unlawful removal or, if Y is a by force, could also (or parental control) child, that her parents be by deception have not consented May be justified where Does not need to be Child stealing is someone acts in an X need not intend to physical removal merely a form of deprive Y permanently official capacity of her freedom of e.g. where Y is kidnapping (e.g. lawful arrest by movement – sufficient hidden or Parent cannot policeman) or where if X intends to release imprisoned where commit crime in there is consent Y on payment of a she happens to be respect of own child ransom Duration is usually X’s motive in depriving irrelevant Y of freedom of movement = irrelevant  Abduction Unlawfully and intentionally removing an unmarried minor from control of his / her parents or guardian, without their consent, intending that he / she, or somebody else, may marry or have sexual intercourse with the minor  Removal Elements of crime X (perpetrator) must remove Y (minor) from one place to another X may be male or female Removal need not be forcible – generally Y consents to removal Sufficient if X and Y arrange to meet at a place away from parents’ house Of an unmarried minor – may be male or female From control of his / her parents or guardian – protected legal interest is authority of parents or guardian over minor Elements of crime With intention to marry or have sexual intercourse with minor – not required continued … that marriage or sexual intercourse should actually have taken place Without consent of parents or guardian – whether Y consented to removal is immaterial Unlawfulness – may be justified by necessity e.g. where X acts under compulsion Intention – must relate to all elements of crime https://www.walkfree.org/global-slavery-index/ Prevention and Combating of Trafficking in Persons Act 7 of 2013 ACTS MEANS PURPOSE ACTS + MEANS + PURPOSE = HUMAN WHAT HOW WHY TRAFFICKING