Abduction / Kidnapping Definitions Flashcards
Unlawfully
Without lawful justification, or excuse.
Takes Away or Detains
(R v Crosson)
R V CROSSAN
Taking away and detaining are separate and distinct offences.
The first consists of taking the victim away, the second of detaining them.
Takes Away
Physically removed from one place to another.
R V WELLARD
The essence of the offence of kidnapping is the “deprivation of liberty coupled with carrying away from the place where the victim wants to be”.
Detains (case law)
R V PRYCE
Detaining is an active concept meaning to “keep in confinement or custody”. This is contrasted to the passive concept of “harbouring” or mere failure to hand over.
Consent
R V COX
Consent must be full, voluntary, free and informed . . . freely and voluntarily given by a person in a position to form a rational judgement.
To obtain consent by fraud
Deceive the victim into agreeing to a proposition by misrepresenting the facts or their intentions.
To obtain consent by duress
Acquiesce to an offender’s demands based on fear of the consequences if they refuse.
Duress may arise from the actual or implied threat of force to the victim or another person, but can also include other forms of pressure or coercion.
Entices
To tempt, persuade, or attract by arousing hope or desire
Intent, two types
An intention to commit the act with an intention to bring about a specific outcome
R V MOHI
The offence is committed at the time of the taking away, so long as there is, at that moment, the necessary intent. It has never regarded as necessary …. that the intent is carried out.
Marry
Engage in a marriage solemnised in accordance with the provisions of the Marriage Act 1955.
Sexual Connection
a) connection effected by the introduction into the genitalia or anus of one person (otherwise than for genuine medical purposes) of
- a part of the body of another person
- an object manipulated by another person
b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus
c) the continuation of connection in a kind described
Ransom
A sum of money demanded or paid for the release of a person being held captive.
Service
to keep as a servant or slave.
Confined
Restricting their movements to within a geographical area but also means curtailing their activity and exercising control and influence over them.
R v Cox
(Lots and lots of Cox!)
Consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgment Application: consent
R v Forrest and Forrest
(Forest, trees, paper)
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age Application: proving age
R v Wellard
(It’s ‘well hard’ to carry a person away)
The essence of the offence of kidnapping is the “deprivation of liberty coupled with a carrying away from the place where the victim wants to be”.
Application: kidnapping (takes away)
R v Pryce (Pryce - price - $$$ = ransom)
Detaining is an active concept meaning to “keep in confinement or custody”. This is to be contrasted with the passive concept of “harbouring” or mere failure to hand over.
Application: kidnapping (detains)
R v Mohi
(Mohi - Mohair - from an Angoran goat - intends to shave the goat for the mohair at the time of taking him away)
The offence is committed at the time of the taking away, so long as there is, at that moment, the necessary intent. It has never been regarded as necessary … that the Crown should show the intent was carried out.
Application: kidnapping/abduction - offence complete
R v Chartrand
(He sharted and ran when he was busted for abduction)
“Whether the defendant may have had an innocent motive, or intended to interfere with possession for a very short time is beside the point”. Application: abduction (young person)
R v Cox
(Coxen in a rowing 8 - think of a coxen in a rowing 8 - steroids for the team are in the back but he knows where they are - they’re under his control and he has an intention to dish them out to the team before the race)
Possession involves two … elements.
The first, often called the physical element, is actual or potential physical custody or control.
The second, often described as the mental element … is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession … and an intention to exercise possession.
Application: possession
