Abduction/kidnapping

Question 1

R v Crossan (1943)

Answer 1

Taking away and detaining are “seperate and distinct offences. The first consists 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 2

Taking away

Vs

Detaining

Answer 2

Taking away generally refers to situations where the victim is physically removed from one place to another.

Detaining is an active concept rather than a passive one. It involves doing something to impose a constraint or restraint on the person detained. Crimes Act does not specify minimum time.

Question 3

R v Wellard

Answer 3

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 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 Mohi

Answer 6

The offence is committed at the time of 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 7

R v Forrest and Forrest

Answer 7

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