ABDUCTION/KIDNAPPING

Question 1

R V WELLARD

Answer 1

THE ESSENCE OF THE OFFENCE OF KIDNAPPING IS THE DEPRIVATION OF LIBERTY COUPLED WITH A CARRYING AWAY FROM THE PLACE THE VICTIM WANTS TO BE

Question 2

R V PRYCE

Answer 2

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 3

R V COX

Answer 3

CONSENT MUST BE FULL VOLUNTARY FREE AND INFORMED. IT MUST BE FREELY AND VOLUNTARILY GIVEN BY A PERSON IN A POSITION TO FORM A RATIONAL JUDGMENT

Question 4

R V MOHI

Answer 4

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 5

R V CROSSNAN

Answer 5

TAKING AWAY AND DETAINING ARE SEPERATE AND DISTICT OFFENCES. THE FIRST CONSISTS OF TAKING THE VICTIM AWAY, THE SECOND IF DETAINING THEM