Abduction of a Young Person under 16

Question 1

Abduction of a Young Person under 16 - Takes/Entices/Detains

Section, Penalty, Elements

Answer 1

Section 210(1) CA61 - 7 years imp

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

Unlawfully

Takes OR entices away OR detains the young person

Question 2

Abduction of a Young Person under 16 - Receives

Section, Penalty, Elements

Answer 2

Section 210(2) CA61 - 7 years imp

Receives a young person, knowing they have 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 of possession of him or her

Question 3

R V FORREST and FORREST

Answer 3

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

Question 4

Define Knowing

Answer 4

Knowing means to know or correctly believe. The defendant mat believe something that is false but cannot know something that is incorrect.

Question 5

Consent not a defence

Answer 5

S210(3)(a) CA61

For the purposes of subsection (1) and (2) it is immaterial whether the young person consents, or is taken or goes or is received at his or her own suggestion.

Question 6

Is there a defence is the person believes the young person is over 16?

Answer 6

No.

S210(3)(b) CA61

It is immaterial whether the offender believes the young person to be of or over the age of 16

Question 7

Good faith defence

Answer 7

Section 210A CA61
A person who claims in good faith a right to the possession of a young person under the age of 16 cannot be convicted of an offence against S209 or 210 because he or she gets possession of the young person. Does not apply to S208