Abduction/Kidnapping

Question 1

R v Chartrand

Answer 1

Unlawful means “Without lawful justification, authority or excuse

Question 2

R v Wellard

Answer 2

the essence of the offence of kidnapping is the “Deprivation of liberty coupled with a carrying away from the place where the victim wants to be.”

Question 3

R v Crossan

Answer 3

taking away and detaining are “separate and distinct offences. the first consist of taking (the victim) away; the second of detaining her. the first offence was complete when the prisoner took the woman away against her will. then, having taken her away, he detained her against her will, and his conduct in detaining her constituted a new and different offence.”

Question 4

R v Pryce

Answer 4

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

Question 5

R v Cox

Answer 5

consent must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to form a rational judgement

Question 6

R v Mohan

Answer 6

Intent involves a decision to bring about in so far as it lies with in the accused’s power the commission of the offence.

Question 7

R v Waaka

Answer 7

A fleeting or passing thought is not sufficient, there must be a firm intent of a firm purpose to effect an act.

Question 8

R v Mohi

Answer 8

Offence is committed at the time of the taking away, so long as there is at that moment the necessary intent, It has never been regarded as necessary….. that the crown should show the intent was carried out.

Question 9

R v Forrest and Forrest

Answer 9

the best evidence possible in the circumstances should be adduced by the prosecution in proof of (the victims) age.

Question 10

Warner Metropolitan Police Commissioner

Answer 10

the term “possession” must be given a sensible and reasonable meaning in its context. ideally, a possessor of a thing has:

• Complete physical control over it;
• Knowledge of it existence, its situation and its qualities.

Question 11

Sullivan v Earl of Caithness

Answer 11

Possession includes “not merely those who have physical custody of firearms…but also those who have firearms under their control at their behest, even though for one reason or another they may be keep at (another location)”.