Kidnapping/Abduction - Case law

Question 1

R v WELLARD - Kidnapping (takes away)

Answer 1

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”.

Question 2

R v PRYCE - kidnapping (detains)

Answer 2

Detaining is an active concept meaning to “keep in confinement or custody”.
This is to be contrasted to the passive concept of “harboring” or mere failure to hand over.

Question 3

R v MOHI - Kidnapping/Abduction Offence Complete

Answer 3

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.

Question 4

R v CHARTRAND - Abduction (young person)

Answer 4

“Whether the defendant may have had an innocent motive, or intended to interfere with possession for a very short period of time I’d beside the point”.

Question 5

R v COX -Possession

Answer 5

Possession involves two elements. The first, often 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 an awareness by the accused that the substance is in his possession and an intention to exercise possession.