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Flashcards in Abduction Deck (13)
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1
Q

What is the act, section and for abduction

A

S208 (a) or (b) or (c) CA 61

14 yrs

2
Q

What are the 5 elements

A

1- Unlawfully

2- Takes away
OR
Detains

3- A person

4- Without consent
OR
With consent obtained fraud or duress

5- With intent to
(a)- Marry him or her
(b)- have sexual connection with him or her
(c)- Cause him or her to be married
or
To have sexual connection with some other person

3
Q

what 2 points need to be covered for UNLAWFULLY.

A

Without lawful justification, authority or excuse

R v Crossan
-Taking away and detaining are separate and distinct offences. The first involves taking the victim away. the second of detaining them

4
Q

Takes away plus case law.

What does taking away mean

A

Takes away- R v Wellard
- The offence of kidnapping is the denial of liberty coupled with the taking the victim away from a place they want to be.

5
Q

Detains plus case law

What is the concept of detaining

A

Detains- R v Pryce

- Detaining is an active concept meaning to keep in confinement or custody.

6
Q

Person

A

Gender neutral proven by judicial notice or circumstantial evidence

7
Q

Consent plus case law

A

Consent is a person conscious and voluntary agreement to something desired or proposed by another

R v Cox
- Consent must be full,free, voluntary and informed. Freely and voluntary give by a person in a position to make a rational judgement

8
Q

Obtain consent by fraud

How was the offender obtained this

A
  • Obtained by the misrepresentation of the facts or the offenders intention.
9
Q

Duress

How has the offenders obtained nu duress

A
  • Consent obtained by actual or implied force to the victim or another person
10
Q

Explain intent plus the case law?

A

Intent
- There are 2 specific types of intention in an offence. First there must be an intent to commit an act. Second an intent to get a specific result

R v Mohi
- The offence is committed at the time of taking so long as there is the necessary intent. It is not necessary that the crown should show the intent was carried out.

11
Q

Explain

a- Marry him or her

A

Marry

- Means to engage in marriage in accordance with the Marriage Act 55

12
Q

Explain

b - Have sexual connection

A

Sexual Connection - S2 CA61
a- connected affected by the introduction into the genitalia or anus of one person otherwise than for genuine medical purposes-
- A part of the body of another person or
- An object held manipulated by another person
or
b- Connection effected by the mouth or tongue of one person and a part of the genitalia or anus of another person
or
c- the continuation of connection described in paragraph a or b

13
Q

If the victim is under 16 years can they consent at all?

A

S202A CA61

- A child under 16 yrs cannot consent to being taken away or detained.

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