Why No Charge Of Kidnapping?

sandyRoe | 20:16 Tue 22nd Jul 2014 | Law

8 Answers

Yesterday near where I live two teenagers forced their way into a woman's car and forced her to drive them about a mile before they let her go and continued on in it.
One of them has been charged with a litany of offences, but not kidnapping. Does that crime require a demand for a ransom?

http://www.bbc.co.uk/news/uk-northern-ireland-28409170

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2sp_

I've no real idea, sandy, but maybe the hijacking charge covers it?

Poor woman.

jennyjoan

Sure nothing happens - a slap on the wrist, fine or community service.

sandyRoe

Question Author

jennyjoan, if they were convicted of kidnapping it would be more than a slap on the wrist they'd get.

2sp_

Maybe it's hijacking they could argue it was the car they were after, not the woman. If they wanted to "take" the woman it would be kidnapping.

Maybe?

sandyRoe

Question Author

That's probably it, no intent to kidnap.

Peter Pedant

from the CPS guidelines

R v Dzokamshure [2009] 1 Cr. App. R. (S.) 112
Appellant's relationship with a woman for six months had ended. Months later he went to her home, broke his way in, punched her, dragged her out and forced her into her car. Another man was seated therein. The appellant drove the car on the motorway and prevented her from answering a call on her mobile phone. Eventually he stopped on a slip road and allowed her to get out. Previous good character. Guilty plea. The victim had indicated that that she did not want him to serve a custodial sentence and was unwilling to give evidence. Sentence of 18 months' imprisonment upheld.

so you dont get an awful lot
may be the answer

WHy does the CPS do anything ? is a closed book to me so I am surprised to see myself answering....

Peter Pedant

Clearly an intent to falsely imprison ( sorry I splat an infincitive )
so it could get up and run

wolf63

The damage to the woman will be long-lasting. She could have been raped or murdered, and this would have been in her mind the entire time.

Do no criminals actually plan their crimes to enable them to obtain maximum financial reward with minimum hurt and damage to people?

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