Abduction - S208

Question 1

Abduction

Section/Penalty/Elements

Answer 1

S208 CA61

14 years imprisonment

1) Unlawfully
2) Takes away or Detains
3) A Person
4) Without his or her consent
OR
With his or her consent obtained by fraud or duress

5) With Intent to:
(a) go through a form of marriage or civil uinion
(b) have sexual connection with the person
(c) cause the person to go through a form of marriage or civil union OR to have sexual connection with some other person

Question 2

S208
Element 1
Unlawfully

What case laws and definitions for this element?

Answer 2

Define unlawfully:
without lawful authority or excuse

Question 3

S208
Element 2
Takes away OR Detains

What case laws and definitions for this element?

Answer 3

Define:
Takes away: physically removed from one place

Case laws:
R v Wellard
R v Crossan
R v Pryce

Question 4

S208
Element 4
without their consent OR with consent obtained by fraud or duress

What case laws and definitions for this element?

Answer 4

Definition:
Fraud, Duress

Case law:
R v Cox (Consent)

Question 5

S208
Element 5
With Intent to….

What case laws and definitions for this element?

Answer 5

Case laws:
R v Collister
R v Mohi

Question 6

S208
Element 5
Sexual Connection

What case laws and definitions for this element?

Answer 6

Definition:
Sexual Connection: introduction into the genitalia or anus of one person, (otherwise than for geniune medical purposes), a part of the body of another person or an object held or manipulated by another person.

Question 7

Case law:
R v Wellard

Answer 7

loss of liberity and taking from the place the victim wants to be

Question 8

Case law:
R v Crossan

%%

Answer 8

Takes away and detained are seperate and distinct offences

Question 9

Case law:
R v Pryce

Answer 9

Active concept “kept in confinement or custody”

Question 10

Case law:
R v Cox (Consent)

Answer 10

Consent is full, voluntary, free and informed

Question 11

Define:
Fraud

Answer 11

Fraud: misrepresenting the facts

Question 12

Define:
Duress

Answer 12

Duress: Agreement based on fear or refusal

Question 13

Case law:
R v Collister

Answer 13

R v Collister:
The actions/words before/during/after, the surrounding circumstances, and the nature of the act itself, infer intent

Note: Intent

Question 14

Case Law:
R v Mohi

Answer 14

Offence complete at the time of the taking, accompanied by the necessary intent.