Liability: Abduction Under 16

Question 1

Abduction of a young person under 16:

Liability for TAKING -

Act, section, penalty, & elements?

Answer 1

Abduction of a young person under 16

CA61 s210 (1)

7 years

With intent to
Deprive a parent or guardian or other person
Having lawful care or charge
Of a young person
Of the possession
Of the young person
Unlawfully takes or entices away or detains the young person

Question 2

Abduction of a young person under 16:

Liability for RECEIVING -

Act, section, penalty, & elements?

Answer 2

CA61 s210 (2)

7 years

Receives a young person
Knowing that he or she has been
Unlawfully taken or enticed away or detained
With intent to deprive a parent or guardian or other person
Having lawful care or charge of him or her
Of the possession of him or her

Question 3

CA61 210 (3)

Answer 3

(3)
For the purposes of (1) and (2)

(a)
It is immaterial whether the young person consents or is taken or goes or is received at his or her own suggestion.

(b)
It is immaterial weather the offender believes the young person to be of or over the age of 16

Question 4

CA61 210 (4)

Answer 4

(4)
Young person means a person under the age of 16 year

Question 5

210:

What are the 2 main intents?

Answer 5

Enticing away (also Taking and detaining) and

Depriving a parent (or others)

Question 6

210:

What would be regarded as the best possible evidence of a young persons age?

Answer 6

(1) A birth certificate in conjunction with
(2) Independent evidence that identifies they are the person named on it

Ideally that would be a parent.

Question 7

210:

What case law is used regarding proving the age of the victim?

Answer 7

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age

Question 8

210:

Possession of the young person will need to be proved. What is the best case law for this?

Answer 8

Cox

Question 9

210:

Definition: “Takes, entice…”

Answer 9

Tempt or persuade

Question 10

210A

Answer 10

A “good faith” right to the possession of a young person is a defence against 209 and 210 because he or she gets possession

Question 11

210:

What is a defence for 209 and 210

Answer 11

Having possession on good faith

Question 12

Section 127:

Is there a presumption that a person is incapable of sexual connection because of his or her age?

Answer 12

No

Question 13

210:

Is it necessary to prove the defendant intended to permanently deprive the parent?

Answer 13

No

Question 14

What does 210A say

Answer 14

A person who claims in good faith a right to the possession of the person under 16 cannot be convicted of an offences against sections 209 and 210…