Abduction and Kidnapping - Case Law

Question 1

R v Wellard

Answer 1

Loss of liberty and taking from place victim wants to be

Question 2

R v Crossan

Answer 2

Take away and detained are separate and distinct offences

Question 3

R v Pryce

Answer 3

Detains is an active concept. Keep in confinement or custody

Question 4

R v Cox

Answer 4

Consent is full, voluntary, free and informed. Freely and voluntary given by a person to form rational judgement

Question 5

Mohi

Answer 5

Offence committed at the time of taking as long as having necessary intent

Question 6

R v Waaka

Answer 6

Intent formed at the time of taking away.

If a taking away commences without intent but intent is formed during the taking away then that is sufficient.

Question 7

R v M

Answer 7

 Must prove that the accused intended to take away or detain the complainant and knew done without consent.

Question 8

R v Forrest v Forrest

Answer 8

Best evidence possible in the circumstances should be adduced by the prosecution in proof of age