Abduction & Kidnapping Flashcards

1
Q

Explain Sullivan V “Remote guns” Early of Caithness

A

Possession includes not just those who have physical custody of firearms but also those of who have control over them remotely.

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2
Q

Explain R v “Guardian” Chartrand

A

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.

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3
Q

Outline the “Abducting Youth” offences

A

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
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4
Q

What is the “Good Faith” defence?

A

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.

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