Abduction / Kidnapping Definitions

Question 1

Unlawfully

Answer 1

Without lawful justification, or excuse.

Question 2

Takes Away or Detains

Answer 2

R V CROSSAN
Taking away and detaining are separate and distinct offences. The first consists of taking the victim away, the second of detaining them.

Question 3

Takes Away

Answer 3

Physically removed from one place to another.
R V WELLARD
The essence of the offence of kidnapping is the “deprivation of liberty coupled with carrying away from the place where the victim wants to be”.
R V WELLARD

Question 4

Detains

Answer 4

R V PRYCE
Detaining is an active concept meaning to “keep in confinement or custody”.
This is contrasted to the passive concept of “harbouring” or mere failure to hand over.

Question 5

Consent

Answer 5

A persons conscious and voluntary agreement to something desired or proposed by another.
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 6

To obtain consent by fraud

Answer 6

Consent obtained by the misrepresentation of the facts or the offenders intentions.

Question 7

To obtain consent by duress

Answer 7

Consent obtained by actual or implied threat of force to the victim or another person. Can include forms or pressure or coercion.

Question 8

Intent, two types

Answer 8

Two types of intention in an offence, in a criminal context:

• An intention to commit the act
• An intention to get a specific result

Question 9

R V MOHI

Answer 9

The offence is committed at the time of the taking away, so long as there is, at that moment, the necessary intent.
It has never regarded as necessary …. that the intent is carried out.

Question 10

Marry

Answer 10

Engage in a marriage solemnised in accordance with the provisions of the Marriage Act 1955.

Question 11

Sexual Connection

CA.61 S.2

Answer 11

a) connection effected by the introduction into the genitalia or anus of one person (otherwise than for genuine medical purposes) of
- a part of the body of another person
- an object manipulated by another person
b) connection between the mouth or tongue of one person and a part of another person genitalia or anus
c) the continuation of connection in a kind described

Question 12

Ransom

Answer 12

A sum of money demanded or paid for the release of a person being held.

Question 13

Service

Answer 13

to keep as a servant or slave.

Question 14

Confined

Answer 14

Restricting their movements to within a geographical area.

Question 15

Imprisoned

Answer 15

To be held as if in prison.