Case Law

Question 1

R V CROSSAN
Taking away and detaining

Answer 1

1. Taking away is complete when the offender takes the victim away against her will.
2. Having taken her away, he detains her against her will and his conduct in detaining her constitutes a new and different offence.

Question 2

R V Wellard

(Use in both abduction and kidnapping liabilities)

Answer 2

Deprivation of liberty coupled with a carrying away from the place where the victim wants to be.

Question 3

R V PRYCE
Detaining

Answer 3

Is an active concept meaning to keep in confinement or custody.

Question 4

R V COX
Consent

Answer 4

Must be full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgment.

Question 5

R V MOHI
Proving abduction/kidnapping

Answer 5

The offence is committed at the time of taking away, as long as there is, at that moment the necessary intent.

Question 6

R V FORREST AND FORREST

Answer 6

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

Question 7

R V COX
Possession

Answer 7

1. Physical element, is actual or potential physical custody or control.
2. Mental element, is a combination of knowledge and intention