Abduction of a young person U16 S210(2) CA61 Flashcards
What are the elements of Abduction of a young person U16 S210(2) CA61
- Receives
- A young person
- Knowing that he/she has been unlawfully taken or enticed away or detained with intent to deprive a parent or guardian or other person having the lawful charge of him/her of the possession of him/her
Define Receives
Receiving a young person must be done with the knowledge, that the YP was taken away/enticed/detained with the necessary intent of the person responsible. Receiving a YP will include receiving physical custody.
Define YP S210(4) CA61
In this section a YP means a person under the age of 16 years
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
Define Belief YP is over 16 years of age S210(3)(b) CA61
It is immaterial whether the offender believes the YP is of or over the age of 16 years of age
Define Knowing
Simester and Brookbanks suggest knowing means “knowing or correctly believing, the defendant may know something wrongly but cannot know something that is false”
Define Takes Away
Taking away generally refers to situations where the victim is physically removed from one place to another.
R v Wellard
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.
R v Crossan
Taking away and detaining are separate and distinct offences. The first consists of taking the victim away; the second of detaining her. The first offence was complete when the prisoner took the women away against her will. Then having taken her away, he detained her against her will, and his conduct in detaining her constituted a new and different offence
Define Detains
Detaining is an active concept rather than a passive one. It involves doing something to impose a constraint or restraint on the person being detained.
R v 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.
Define Intent for S210 CA61
There must be an intent to take away/entice/detain Young person and an intent to deprive YP from parent/guardian/other person of lawful care/charge of YP, of the possession of the YP. In regards to S210(2) CA61 the person who receives YP not need the intent to deprive provided they knew that the person responsible has such intent.
Define “Person having lawful care/charge
A person who has the custodial rights of the YP
