Abduction/Kidnapping

Question 1

R v Crossan

Answer 1

Taking away/Detains:
Taking away and detains are seperate and distinct offences. The first being the taking the victim away and the second detaining them.

Question 2

R v Wellard

Answer 2

Takes away (Kidnapping):
The essence of kidnapping is the depravation of liberty coupled with carrying the victim away from the place they want to be.

Question 3

R v Pryce

Answer 3

Detains:
Detaining is an active concept meaning to “keep in confinement of custody”.

This is in contrast to the passive concept of harbouring or merely failure to hand over.

Question 4

R v Cox

Answer 4

Consent:
Consent must be full, voluntary, free and informed.
Freely and voluntarily given by a person in a position to form rational judgement.

Question 5

R v Moho

Answer 5

Intent:
The offence is committed at the time of taking away, so long as there is, at that moment the necessary intent.

Not necessary for the Crown to show the intent was carried out.