R v Chartrand - Unlawfully
R v Chartrand
Unlawfully means “without lawful justification, authority or excuse”
R v Wellard - Kidnapping
R v Wellard
Kidnapping is the “deprivation of liberty coupled with the carrying away from the place where the victim wants to be”.
R v Pryce - Detaining
R v Pryce
Detaining is an active concept meaning “to keep in confinement or custody” in contrast to the passive concept of “harbouring” or mere failure to hand over.
R v Mohi - offence is complete
R v Mohi
The offence is committed at the time of taking away, so long as there is, at that moment, the nessary intent. It has never been regarded as necessary…. that the Crown should show the intent was carried out.
R v Crosson - Taking away
R v Crosson
Taking away and detaining are “separate and distinct offences”. The first consists of taking the victim away; the second, detaining them.
R v Cox - Consent
R v Cox
Consent must be “full, voluntary, free an informed… freely and voluntarily given by a person in a position to form a rational judgement”.
R v MOHAN, R v WAKKA, R v MOHI - Intent
R v MOHAN
Intent involves a decision to bring about in so far as it lies within the accused’s power, the commission of the offence.
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.
R v MOHI
Offence is commited at the time of the taking away, so long as there is at the moment the necessary intent. Crown does not need to show that the intent was carried out.