Abduction/Kidnapping

Question 1

R v Forrest and Forrest

Answer 1

Best evidence possible for proof of age.

Question 2

Knowing (Simester and Brookbanks)

Answer 2

Knowing or correctly believing. Cannot know if false.

Question 3

R v Pryce

Answer 3

Detains is an active concept, “keep in confinement or custody”. (As opposed to harbouring/failure to handover).

Question 4

R v Wellard

Answer 4

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

Question 5

R v Crossan

Answer 5

Takes away and detained are “separate and distinct offences”.

Question 6

s210A defence (to Abduction of YP)

Answer 6

A person who claims in good faith a right to the possession of a YP under 16 cannot be convicted.

Question 7

Intent

Answer 7

Commit the act (deliberate). Get the result.

Question 8

R v Mohi

Answer 8

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

Question 9

R v Cox

Answer 9

Consent is full, voluntary, free and informed. Freely and voluntarily given by a person capable of forming rational judgement.

Question 10

Consent

Answer 10

Agreement to something desired or proposed.

Question 11

Fraud

Answer 11

Deceiving victim by misrepresenting the facts.

Question 12

Duress

Answer 12

Agreement based on fear of refusal.
CRITICAL QUESTION: Whether the threats, pressure or coercion are such that they destroy the reality of consent and overbear the will of the individual.

Question 13

s209A defence

Answer 13

A young person cannot consent to being taken away or detained.

Question 14

Sexual connection

Answer 14

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

Question 15

Unlawfully

Answer 15

Without lawful justification or excuse.