Abduction Elements And Case Law

Question 1

Abduction Elements

Answer 1

Unlawfully
Takes away or detains
Any person
Without their consent or consent obtained by fraud or duress
With intent to:
A) Go through a form of marriage or civil union
B) Have sexual connection with
C) Cause person to go through a form or marriage or civil union or to have sexual connection with some other person.

Question 2

Unlawfully

Answer 2

Without lawful justification or excuse

Question 3

Takes away or detains

Answer 3

Crossan - Takes away & detained are separate and distinct offenses.

Takes away - Physically removed from one place.

Wellard - Loss of liberty and taking from place victim wants to be.

Detains: Pryce - detains is an active concept. “Keep in confinement or custody.

Question 4

Any Person

Answer 4

Accepted by Judicial notice or Circumstantial evidence

Question 5

Without their consent or with consent obtained by fraud or duress

Answer 5

Consent: Agreement to something desired or proposed. Cox - Consent is full, voluntary, free and informed. Freely and voluntary given by a person to form rational judgment.

Fraud: deceiving victim by misrepresenting the facts.

Duress: Agreement based on fear or refusal.

S209a - a young person cannot consent to being taken away or detained.

Question 6

With intent to:
A) Go through a form of marriage or civil union
B) have sexual connection with the person
C) Cause the person to go through a form of marriage or civil union or tonhave sexual connection with some other person.

Answer 6

Intent - an intent to commit a deliberate act with intent to get a specific result.
Mohi - Offence committed at the time of taking as long as having necessary intent.

Marriage/ civil union.
Engage in marriage/ civil union

Sexual connection
Introduction into genitalia or anus by another person, other than for medical purpose, using part of their body or object manipulated.

Go through a form of marriage/ civil union
Takes away or details victim for another to marry or have SC with.