Abduction of Young Person - S210

Question 1

Abduction of young person under 16
(Takes)

Act/Section/Penalty/Elements

Answer 1

CA61; S210(1)
7 years imprisonment

1) 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
2) Unlawfully
3) Takes OR entices away OR detains
4) the young person

Question 2

Abduction of young person under 16
(Receives)

Act/Section/Penalty/Elements

Answer 2

CA61; S210(2)
7 years imprisonment

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

Question 3

What if the under 16 consents to being taken away?

Answer 3

Consent is not a defence.

CA61; S210(3)(a)

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.

A person under 16 years of age cannot consent to being taken away or detained.

Question 4

What if there is belief that person is over 16?

Answer 4

Belief that person over 16 = no defence

S210(3)(b) CA61

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

Question 5

Good Faith Defence

Answer 5

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

Question 6

Case laws that apply
(Note same four as S208 and S209)

Answer 6

R v Wellard = loss of liberity and taking from the place the victim wants to be
R v Crossan = Takes away and detained are seperate and distinct offences
R v Pryce = Active concept “kept in confinement or custody”
R v Mohi = Offence complete at the time of the taking, accompanied by the necessary intent.