Case Law / Definitions

Question 1

R v Crossan

Answer 1

Takes away / Detains

Taking away and detaining are seperate and distinct offences.

Question 2

Unlawfully

Answer 2

Without lawful justification or excuse.

Question 3

R v Wellard

Answer 3

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

Question 4

R v Pryce

Answer 4

Keep in confinement or custody

Question 5

Consent

Answer 5

Consent is persons conscious and voluntary agreement to something desired or proposed by another.

Question 6

R v Cox

Answer 6

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

Question 7

Consent obtained by fraud

Answer 7

Deceive the victim into agreeing to a proposition by misrepresenting the facts or their intentions.

Question 8

Consent obtained by duress

Answer 8

Demands based on fear of the consequence if they refuse.

Question 9

R v Collister

Answer 9

Intent

Actions and words of the Defendant before, during and after the event.

Surrounding Circumstances of the offence

The act itself

Question 10

R v Mohi

Answer 10

Kidnapping / Abduction complete

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

Question 11

Ransom

Answer 11

A ransom is a sum of money demanded or paid for the release of a person being held captive.

Question 12

Confine

Answer 12

Restricting their movements to within a geographical area, but also has a wider meaning that includes curtailing their activity and exercising control and influence over them.

Question 13

Imprison

Answer 13

To put them in prison or to confine them as if in a prison.