Abduction Flashcards

1
Q

Act and section

A

S208(b) CA 1961

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Penalty

A

14 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Ingredients

A

Unlawfully
Takes away or detains
A person
Without his or her consent or
With his or her consent obtained by fraud or duress
With intent to have sexual connection with him or her

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Unlawfully case law

A

R v Chartrand

Without lawful justification, authority or excuse

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Takes away case law

A

R v Crossan
Takes away and detains are separate and distinctive offences. The first involves taking the victim away and the second involves detaining her

R v Wellard
The essence of the offence of kidnapping is the deprevation of liberty coupled with a carrying away from the place where the victim wants to be

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Detains case law

A

R v Crossan
Takes away and detains are separate and distinctive offences. The first involves taking the victim away the second involves detaining her

R v Pryce
Detaining is an active concept meaning to keep in confinement or custody. This is to be contrasted with the passive concept of harbouring or mere failure to hand over

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Consent

A

A persons conscious and voluntary agreement to do something desired or proposed by another

R v Cox
Consent must be full, voluntary, free and informed given by a person in a position to make a rational judgement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Fraud consent

A

Consent obtained by the misrepresentation of the facts or the offenders intentions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Duress consent

A

Consent obtained by actual or implied threats against the victim or another person. Can include other forms of pressure or coercion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Intent

A

They mean to do it. They desire a specific outcome and act with an aim or purpose of achieving it.

R v Waaka
A fleeting or passing thought is insufficient. There must be a firm intent to effect the act

R v Mohan
A decision to bring about, in so far as it lies with in the accused power, the commission of the offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Sexual connection

A

S2 CA 1961
A) connection is effected by the introduction into the genitalia or anus of one person, other than for genuine medical reasons, of
1 a part of the body of another person or
2 an object held or manipulated by another person
B) the connection between the mouth or tongue of one person and a part of another persons genitalia or anus or
C) a continuation of the connection described in paragraph A or B

How well did you know this?
1
Not at all
2
3
4
5
Perfectly