Abduction/kidnapping Flashcards
Unlawfully
Without lawful justification or excuse
Takes away
Physically removed from one place
R V WALLARD
+
R V CROSSAN
Detains
R V PRYCE -Detains is an active concept “keep in confinement or custody”
R V CROSSAN
Consent
Agreement to something desired or proposed.
R V COX
Fraud
Deceiving victim by misrepresenting the facts
R V WALLARD
Duress
Agreement based on fear of refusal
Intent
An intention to commit a deliberate act and get a specific result
R V COLLISTER
R V MOHI
R V CHARTRAND (210)
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 form of marriage / civil union
Takes away or detains victim for another to marry or have sexual connection with
R V CROSSAN
(Takes away or detains)
Takes away and detained are separate and distinct offences
R V WALLARD
(Takes away and fraud)
Loss of liberty and taking from place victim wants to be
R V PRYCE
(Detains)
Detains is an active concept. “Keep in confinement or custody”
R V COX
(consent)
Consent is full, voluntary, free, and informed. Freely and voluntary given by a person to form rational judgment.
R V COLLISTER
(Intent)
Words, actions before, during, and after infer necessary intent
Intent can be inferred circumstances