Abduction/Kidnapping - case law

Question 1

Taking away vs detaining

Answer 1

R v Crossan [1943]
Taking away and detaining are “separate 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

Answer 2

R v Wellard [1978]
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 3

Detains

Answer 3

R v Pryce
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 4

Consent

Answer 4

R v Cox 7/11/96
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

Intent

Answer 5

R v Mohi [1982]
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 6

Proof of age

Answer 6

R v Forrest and Forrest [1970]

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

Question 7

Possession

Answer 7

R v Cox [1990]
Possession involves two… elements. The first, often called the physical element, is actual or potential physical custody or control. The second, often described as the mental element… is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession… and an intention to exercise possession.