ABDUCTION OF A YOUNG PERSON DEPRIVE Flashcards
Section, Act, Penalty
Elements - Deprive
210 (1) CA 1961 - 7yrs With intent to deprive a parent or guardian or other person having lawful care or charge of a young person of the possession of the young person Unlawfully Takes away or entices away or detains the young person
Section, Act, Penalty
Elements
210(2) CA 1961 - 7yrs
With intent to deprive a parent or guardian or other person having lawful care or charge of him or her or possession of him or her
Receives a young person
Knowing they have been unlawfully taken, enticed away or detained away
Offence Complete - Case Law
Mohi
The offence is complete once there has been a period of detention or a taking accompanied by the necessary intent, regardless of whether that intent was carried out
Age - Case Law
Forret and Foorest
The best evidence possible in circumstances should be adduced by the prosecution in proof of the Victims age
Taking away Vs Detaining - Case Law
Crossan
Taking away and detaining are seperate and distinct offences. The first consists of taking the Victim away and the second of detaining them.
Case Law
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
Case Law
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
Detaining - Case Law
Pryce
Detaining is an active concept meaning to keep in confinement or custody. this is to be contrasted to the passive concept of harbouring or mere failure to hand over
Knowing - Case Law
Simester and Brookbanks
Knowing means knowing or correctly believing. The Defendant may believe something wrongly but cannot know something that is false.
Not a defence under 210
- Consent is not a defence. It is immaterial whether the young person consents or is take or goes or is received at his or her own suggestion.
- It is immaterial whether the offender believes the young person to be of or over the age of 16
Intent
Whether the defendant may have had an innocent motive, or intended to interfere with possession for a very shirt period of time is besides the point.
Dont have to prove that the accused intended to permanently deprive.
Young Person
Someone under the age of 16
Possession - Case Law
Cox
Unlawfully
Without lawful authority
Entice
To tempt, persuade or attract by arousing hope or desire
