Abduction - Offence breakdown

Question 1

What happens if the defence raises the question of lawfulness?

Answer 1

The prosecution will need to prove the act was unlawful beyond reasonable doubt

Question 2

What is the minimum period a persons freedom needs to be taken from them before they are considered to be detained

Answer 2

There is no specified time period but a mere delay or keeping back for a short or trifling period of time may not constitute detaining

Question 3

What is consent obtained by fraud?

Answer 3

Is when an offender deceives the victim into agreeing to a proposition by misrepresenting the facts or their intentions

Question 4

What is consent obtained by duress?

Answer 4

When a victim consents to the demands of the offender based on fear of what may happen if they refuse. It is not limited to physical threats and can include other forms of pressure or coercion

Question 5

What needs to be proved for marriage and sexual connection?

Answer 5

That the intent to marry or have a sexual connection was present. It is not necessary to prove that they actually occurred