Abduction & Kidnapping Flashcards
Explain Sullivan V “Remote guns” Early of Caithness
Possession includes not just those who have physical custody of firearms but also those of who have control over them remotely.
Explain R v “Guardian” Chartrand
It is sufficient that the taker knew or foresaw that his actions were likely to deprive the parent or guardian of the ability to exercise control over their children.
Outline the “Abducting Youth” offences
Section 210(1) or (2) CA61
(1)
- everyone is liable for 7 years imprisonment, who
- with intent to deprive a parent/guardian of the Young Person and
- unlawfully take/detain/entice away the young person
(2)
- everyone is liable for 7 years imprisonment, who
- receives a Young Person
- knowing that they have been unlawfully taken/detained/enticed away with intent to deprive the parent/guardian of the Young Person
What is the “Good Faith” defence?
Section 210A CA 61
A person who claims in good faith a right to the possession of the Young Person, cannot be convicted under 209 because they get possession of the Young Person.