Case Law & Definitions - Abduction/Kidnapping

Question 1

R v Crossan

Answer 1

Taking away and detaining are “separate and distinct offenders. The first consist a of taking the victim away; the second of detaining her. The first offence was complete when the prisoner took the women away against her will. Then, having taken her away, he detained her against her will, and his conduct in detaining her constituted a new and different offence.

Question 2

R v Wellard

Answer 2

The essence of the offence of kidnapping is the “deprivation of liberty coupled with a carrying away from the place where the victim wants to be”.

Question 3

R v Pryce

Answer 3

Detaining is an active concept meaning to “keep in confinement or custody”. This is to be contrasted to the passive concept of “harbouring” or mere failure to hand over.

Question 4

R v Mohi

Answer 4

The offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent. It has never been regarded as necessary that the Crown should show the intent was carried out.

Question 5

R v Chartrand

Answer 5

Where the defendant may have had an innocent motive, or intended to interfere with possession for a very short period of time is beside the point. It is not necessary to prove the accused intent a permanent deprivation.

Question 6

Provisions under 209A (Young Person)

Answer 6

For s208 & s209 - A person the age of 16 years cannot consent to being taken away or detained.

Question 7

s210(3)(a) & (b)

Answer 7

s210(3)(a) For s210(1) & (2) - Immaterial whether a young person consents or is taken or goes or is received at his or her own suggestion. s210(3)(b) For 210(1) & (2) - Immaterial whether the offender believes the young person to be of or over 16

Question 8

Describe Unlawfully

Answer 8

Without lawful justification or excuse. If raised by defence, Prosecution must prove beyond reasonable doubt.