Abduction Flashcards
Act and section
S208(b) CA 1961
Penalty
14 years
Ingredients
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
Unlawfully case law
R v Chartrand
Without lawful justification, authority or excuse
Takes away case law
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
Detains case law
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
Consent
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
Fraud consent
Consent obtained by the misrepresentation of the facts or the offenders intentions
Duress consent
Consent obtained by actual or implied threats against the victim or another person. Can include other forms of pressure or coercion
Intent
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
Sexual connection
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