Abduction/kidnapping

Question 1

R v Wellard (Taking away)

Answer 1

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”

Question 2

R v Crossan (Taking away)

Answer 2

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 woman 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”.

Question 3

R v Pryce

Answer 3

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.

Question 4

R v Cox (Consent)

Answer 4

Consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgement”.

Question 5

R v Mohi

Answer 5

The offence is committed at the time of 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.

Question 6

R v Forrest and Forrest

Answer 6

“The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age”.