Liabilities - Abduction of a YP

Question 1

Ingredients for 210(1)

Answer 1

• With intent to deprive a parent / guardian / other person having lawful care / charge of YP / possession of a young person
• unlawfully
• Takes / Entices / Detains
• Young Person

Question 2

Definition of Unlawfully

Answer 2

Without lawfully justification or excuse

Question 3

What is 210A defence

Answer 3

A person claim in good faith a right to the possession of a young person under 16 years cannot be convicted

Question 4

Definition Takes ?

Answer 4

Physically removed
R v Wellard - Loss of liberty and taking from place victim wants to be

Question 5

Definition of Detains ?

Answer 5

R v Pyrce
Detains is an active concept. Keep in confinement or custody

Question 6

Definition young person

Answer 6

Under 16
Forrest v Forrest
Best evidence possible, proof of victim age

Question 7

Elements to 210(2)

Answer 7

• Receives
• A YP
• Knowing he/she has been unlawfully taken/enticed away/detained
• with intent to deprive a parent / guardian / person having lawful care or charge / possession of him/her

Question 8

Definition of receives

Answer 8

Physical custody of the YP

Question 9

Definition of knowing ?

Answer 9

Knowledge YP has been abducted
Simester and Brookbanks
Knowing or correctly believing, cannot be false