Abduction of a young person under 16

Question 1

Abduction of a young person under 16, Subsection (1)

Answer 1

Section 210(1), Crimes Act 1961
Penalty: 7 years
With intent 
to deprive a parent or guardian or other person having the lawful care or charge 
of a young person of the 
possession of the young person
 unlawfully
 takes away or entices away or detains the 
young person

Question 2

With Intent Case law

Answer 2

R v Mohi
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 3

young person

Answer 3

“in this section young person means a person under the age of 16 years”

Question 4

proof of age case law

Answer 4

R v Forrest and Forrest

The best evidence possible is the circumstances should be adduced by the prosectuion in proof of the victims age

Question 5

unlawfully case law

Answer 5

R v Chartrand

Unlawfully means “without lawful justification, authority or excuse”