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Violence Part 3 - Abduction/Kidnapping > Abduction - S208 > Flashcards

Abduction - S208 Flashcards

1
Q

Abduction

Section/Penalty/Elements

A

S208 CA61

14 years imprisonment

1) Unlawfully
2) Takes away or Detains
3) A Person
4) Without his or her consent
OR
With his or her consent obtained by fraud or duress

5) With Intent to:
(a) go through a form of marriage or civil uinion
(b) have sexual connection with the person
(c) cause the person to go through a form of marriage or civil union OR to have sexual connection with some other person

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2
Q

S208
Element 1
Unlawfully

What case laws and definitions for this element?

A

Define unlawfully:
without lawful authority or excuse

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3
Q

S208
Element 2
Takes away OR Detains

What case laws and definitions for this element?

A

Define:
Takes away: physically removed from one place

Case laws:
R v Wellard
R v Crossan
R v Pryce

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4
Q

S208
Element 4
without their consent OR with consent obtained by fraud or duress

What case laws and definitions for this element?

A

Definition:
Fraud, Duress

Case law:
R v Cox (Consent)

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5
Q

S208
Element 5
With Intent to….

What case laws and definitions for this element?

A

Case laws:
R v Collister
R v Mohi

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6
Q

S208
Element 5
Sexual Connection

What case laws and definitions for this element?

A

Definition:
Sexual Connection: introduction into the genitalia or anus of one person, (otherwise than for geniune medical purposes), a part of the body of another person or an object held or manipulated by another person.

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7
Q

Case law:
R v Wellard

A

loss of liberity and taking from the place the victim wants to be

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8
Q

Case law:
R v Crossan

%%

A

Takes away and detained are seperate and distinct offences

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9
Q

Case law:
R v Pryce

A

Active concept “kept in confinement or custody”

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10
Q

Case law:
R v Cox (Consent)

A

Consent is full, voluntary, free and informed

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11
Q

Define:
Fraud

A

Fraud: misrepresenting the facts

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12
Q

Define:
Duress

A

Duress: Agreement based on fear or refusal

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13
Q

Case law:
R v Collister

A

R v Collister:
The actions/words before/during/after, the surrounding circumstances, and the nature of the act itself, infer intent

Note: Intent

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14
Q

Case Law:
R v Mohi

A

Offence complete at the time of the taking, accompanied by the necessary intent.

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15
Q

S208 CA61

14 years imprisonment

1) Unlawfully
2) Takes away or Detains
3) A Person
4) Without his or her consent
OR
With his or her consent obtained by fraud or duress

5) With Intent to:
(a) go through a form of marriage or civil uinion
(b) have sexual connection with the person
(c) cause the person to go through a form of marriage or civil union OR to have sexual connection with some other person

A

Abduction

Section/Penalty/Elements

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16
Q

Define unlawfully:
without lawful authority or excuse

A

S208
Element 1
Unlawfully

What case laws and definitions for this element?

17
Q

Define:
Takes away: physically removed from one place

Case laws:
R v Wellard
R v Crossan
R v Pryce

A

S208
Element 2
Takes away OR Detains

What case laws and definitions for this element?

18
Q

Definition:
Fraud, Duress

Case law:
R v Cox (Consent)

A

S208
Element 4
without their consent OR with consent obtained by fraud or duress

What case laws and definitions for this element?

19
Q

Case laws:
R v Collister
R v Mohi

A

S208
Element 5
With Intent to….

What case laws and definitions for this element?

20
Q

Definition:
Sexual Connection: introduction into the genitalia or anus of one person, (otherwise than for geniune medical purposes), a part of the body of another person or an object held or manipulated by another person.

A

S208
Element 5
Sexual Connection

What case laws and definitions for this element?

21
Q

loss of liberity and taking from the place the victim wants to be

A

Case law:
R v Wellard

22
Q

Takes away and detained are seperate and distinct offences

A

Case law:
R v Crossan

%%

23
Q

Active concept “kept in confinement or custody”

A

Case law:
R v Pryce

24
Q

Consent is full, voluntary, free and informed

A

Case law:
R v Cox (Consent)

25
Q

Fraud: misrepresenting the facts

A

Define:
Fraud

26
Q

Duress: Agreement based on fear or refusal

A

Define:
Duress

27
Q

R v Collister:
The actions/words before/during/after, the surrounding circumstances, and the nature of the act itself, infer intent

Note: Intent

A

Case law:
R v Collister

28
Q

Offence complete at the time of the taking, accompanied by the necessary intent.

A

Case Law:
R v Mohi

Violence Part 3 - Abduction/Kidnapping (5 decks)

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