Abduction Flashcards
1
Q
Unlawfully
A
Without lawful justification or excuse
Ie
Being dragged into a car by another
2
Q
Taking away
Case law
A
Physically removed from one place to another
R v Willard
Deprivation of liberty coupled with a carrying away from the place where the victim wants to be.
3
Q
Detains
Case law
A
Doing something to impose a constraint or restraint on the person detained.
R v pryce
Detaining is an active concept meaning
Keeping in confinement or custody
This is ti be contrasted to the passive concept of harbouring or mere failure to hand over.
