Abduction and Kidnapping CIB 010 Flashcards
R v Chartrand
Unlawfully means without lawful justification, authority or excuse
R v Wellard
The essence of the offence of kidnaping is the deprivation of liberty coupled with a taking away from the place where the victim wants to be
R v Pryce
Detaining is an active concept meaning to keep in confinement or custody. This is to be contrasted to the passive concept of harbouring or mere failure to hand over
R v Mohi
The offence is complete once there has been a period of detention or a taking accompanied by the necessary intent, regardless of whether that intent was carried out
R v Crossan
Taking away and detaining are separate and distinct offences. The first consists of taking the victim away, the second of detaining her. The first offence was complete when the prisoner took the woman way against her will. The, having taken her away, he detained her against her will, and his conduct in detaining her constituted a new and different offence
R v Cox
Consent must be full voluntary free and informed. Freely and voluntarily given by a person in a position to form a rational judgement
Person
Gender neutral. Proven by judicial notice or circumstantial evidence
Consent
Consent is a persons conscious and voluntary agreement to something desired or proposed by another
Consent obtained by fraud
The offence may deceive the victim into agreeing to a proposition by misrepresenting the facts or their intentions
Consent obtained by duress
A victim may acquence to an offenders demands based on fear of the consequences in they refuse.
Duress may arise from the actual or implied threat of force to the victim or to another person, but can include other forms of pressure or coercion.
Defence - S209A CA61
Consent is not a defence to charges under S208-210 when the person taken is under the age of 16 years.
For the purposes of S208 and S209 a person under the age of 16 years cannot consent to being taken away or detained.
Intent
A person intends to do an action if he wants to do that action, believes it is possible for him to achieve something he wants by doing that actions and behaves as he does because of his desire or belief.
R v Mohan - intent involves a decision to bring about, in so far as it lies within the accused power, the commission of an offence
R v Wakka - A fleeting or passing thought is not sufficient; there must be a firm intent to purpose to effect an act.
In abduction, marriage and sexual connection appear only as matters of intent, and it is not necessary to prove they actually occurred or were even attempted.
Ransom
A sum of money demanded or paid for the release of a person being held captive
Service
Relates to situations where the offenders intent is to keep the victim as a servant or slave
Imprison
To be in a prison or confine as if in a prison. Narrower meaning than confined and may apply in situations where the victim is locked in a room or the boot of a car
