Abduction and Kidnapping Flashcards
Consent
R v Cox - Consent must be full, voluntary, free, and infirmed. Freely and voluntarily given by a person in a position to form a rational judgement.
Proof of Age
R v Forrest and Forrest - The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
Intent - defined
R v Mohan - Intent involves a decision to bring about, in so far as it lies within the accused’s power, the commission of an offence.
Deprive a parent or guardian
R v Chartrand - It is sufficient that the taker knows or foresees that his or her actions would be certain or substantially certain to result in the parents (guardian’s etc) being deprived of the ability to exercise control over the child.
Ideal Possession
Warner v Metropolitan Police Commissioner - Ideally the possessor of a thing has complete physical control over it. They have knowledge of it’s existence, situation, and its qualities.
Intent in abduction cases
R v Mohi - 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.
Intent - requirement
R v Waaka - A fleeting or passing thought is not sufficient; there must be a firm intent or a firm purpose to effect an act.
Taking away
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.
Constructive Possession
Sullivan v Earl of Caithness - Possession includes not merely those who have physical custody of firearms, but also those who have firearms under their control at their behest, even though for one reason or another they may be kept at another location.
Unlawfully
R v Chartrand - Unlawfully means “without lawful justification, authority, or excuse”.
Takes Away v Detaining
R v Crossan - Taking away and detaining are separate and distinct offences. The first consists of taking the victim away, the second 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 of detaining her constituted a new and different offence.
Detains
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.
