Abduction Of A Young Person Under 16

Question 1

Abduction of a young person under 16
Section 210(1) Crimes Act 1961

Answer 1

With intent to deprive a parent or guardian or other person having the lawful care or charge of a young person or the possession of a young person.

Unlawfully

Takes or entices or detains

The young person.

Question 2

With intent to:
- Deprive a parent or guardian or other person having the lawful care or charge of a young person or the possession of the young person.

Answer 2

Intent:

• commit the act (depriving parent of possession)
• get the result.
  Permanent depriving is intentional.

R v Chartrand - depriving might not be primary intent, however it’s sufficient if the actions are likely to result in depriving.

Possession: Cox - 2 elements
Mental- Custody/ control
Physical: Knowledge/ intent

Question 3

Unlawfully

Answer 3

Unlawfully: without lawful justification or excuse.

S210a defence - a person who claims in good faith a right to the possession of a young person under the age of 16 years cannot be convicted.

Question 4

Takes or entices or detains

Answer 4

Crossan- takes away and detained are “separate and distinct offenses” (always use)

Takes away - physically removed from one place.
Wellard - loss of liberty and taking from place victim wants to be.

Detains: Pryce - Detains is an active concept. “Keep in confinement or custody”

Question 5

The young person

Answer 5

Young person under 16

Forest and Forest - Best evidence possible, proof of victims age.

Question 6

Abduction of young person under 16 
Section 210(2) CA 1961

Answer 6

Receives
A young person
Knowing that he or she has been unlawfully taken or enticed away or detained with intent to deprive a parent or guardian or other person having the lawful care or charge of him or her or possession of him or her.

Question 7

Receives

Answer 7

Physical custody of the young person

Question 8

A young person

Answer 8

Person under 16

Forest and Forest - Best evidence possible, proof of victims age.

Question 9

Knowing that he or she has been unlawfully taken or enticed away or detained with intent to deprive a parent or guardian or other person having the lawful care or charge of him or her.

Answer 9

S210a defence - A person who claims in good faith a right to the possession of a young person under the age of 16 years cannot be convicted.

Knowing: knowledge that young person has been abducted.

Simester and Brookbanks - knowing or correctly believing, cannot know if false.