Abduction Kidnapping Flashcards
(18 cards)
Define Unlawfully
Without lawful justification or excuse
Define Detains
Is an active concept rather than a passive one. It involves doing something to impose constraint or restraint on the person detained.
E.g. Being locked into a bedroom.
Define Consent
Must be full, voluntary, free and informed given be a person in a position to form a rational judgement.
Define Duress
May arise from the actual or implied threat of force, including applying pressure or coercion.
Define Intent
The intention to commit the act and secondly, an intention to get a specific result.
Explain sexual connection
- The introduction into the genitalia or anus of one person. Other than for medical purposes.
A part of the body of another person
An object held or manipulated by another person or - Connection between the mouth or tongue of one person and a part of another persons genitalia or anus or
- The continuation of connection described in 1&2.
R v Crossan
Hint: Separate offending, Taking away/detains
Taking away and detaining are separate and distinct offences.
R v Crossan
Hint: Separate offending, Taking away/detains
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 against her will.
R v Crossan
Hint: Separate offending, taking away/detains
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 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.
R v Pryce
Hint : detaining
R v Cox
Hint : consent
Consent must be full, voluntary, free and informed. Freely and voluntarily given by a person in a position to form a rational judgement.
Explain R v Mohi
Hint: intent
The offence is committed at the time of taking away, so long as there is at that moment the necessary intent.
Explain R v Forrest v Forrest
Hint: proving age
The best evidence possible in the circumstances should be adduced by the prosecution in proof of victims age.
Explain R v Forrest v Forrest
Hint: proving age
The best evidence possible in the circumstances should be adduced by the prosecution in proof of victims age.
Can’t just assume age, which is a common defence.
For exam answer add failing to ascertain age with a birth certificate and/or seeking parental confirmation.
Explain R v Cox
Hint: two elements of possession
Possession involves two elements. The first offence called the physical element, is actual or potential physical custody or control. The second often described as the mental element is a combination of knowledge and intention. Knowledge in the sense of the awareness by the accused that the substance is in his possession and an intention to exercise possession.
Is there any exemption to abduction or kidnapping?
Yes
s210A. People claiming in good faith right to possession of young person under 16.
E.g. where there is a parenting order in place and Dad collects child for a prearrangement but got the dates wrong or have been changed. Having a genuine excuse.
Explain s127 CA61
Hint: presumption of law with age.
There is NO presumption of law that a person is incapable of sexual connection because of their age.
Basically a sicko can’t argue that it’s impossible to have had sex with a small child.
Explain R v Wellard
Kidnapping is the deprivation of liberty coupled with a carrying away from the place where the victim wants to be.
