Abduction/Kidnapping - Case Law

Question 1

Taking away

Answer 1

R v Wellard

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 2

Taking away vs detaining

Answer 2

R v Crossan

Taking away and detaining are separate and distinct offences. The first consists of taking the victim away and the offence is complete when the offender takes the victim away against their will. The second offence is when the offender, after taking the victim away then detains her against her will which constitutes a new and difference offence.

Question 3

Detaining

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 harboring or mere failure to hand over.

Question 4

Consent

Answer 4

R v Cox

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

Question 5

Intent - M

Answer 5

R v Mohi

The offence is complete once there has been a period of detention or a taking accompanied by the necessary intent, regardless of whether that intent was carried out.

Question 6

Intent - W

Answer 6

R v Waaka

Intent may be formed at any time during the taking away. If a taking away commences without the intent to have intercourse, but that intent is formed during the taking away, then that is sufficient for the purposes of the section

Question 7

Kidnapping - what must be proved

Answer 7

R v M

The crown must prove that the accused intended to take away or detain the complainant and that the accused knew that the complainant was not consenting

Question 8

Proof of Age

Answer 8

R v Forrest and Forrest

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