Abduction/Kidnapping - Case Law

Question 1

R v CROSSAN

Answer 1

‘Takes away’ and ‘detains’ are separate and distinct offences.

Takes away offence is complete when the offender 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

R v WELLARD

Answer 2

Relates to ‘taking away’.

The essence of kidnapping is the deprivation of liberty coupled with a carrying away from a place the victim wants to be.

Question 3

R v PRYCE

Answer 3

Detaining is to keep in confinement or custody. This is in contrast to the passive concept of harbouring or mere failure to hand over.

Question 4

R v COX

Answer 4

Consent must be full, voluntary, free and informed… Freely and voluntarily given by a person in a position to form a rational judgment.

Question 5

R v MOHI

Answer 5

The offence is committed at the time of taking away so long as there is at the time, necessary intent. It is not necessary to show the intent was carried out.

Question 6

R v FORREST and FORREST

Answer 6

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.