Case Law/Definitions for Kidnapping / Abduction Flashcards
Case Law for Takes Away
R V CROSSAN
Takes away and detained are separate and distinct offences.
R V WELLARD
Loss of libery and taking from a place the victim wants to be
Case Law for Detains
R V PRYCE
Detains is an active concept “Keep in confinement or custody”.
Case Law for Consent
R V COX
Consent needs to be full, voluntary, free and informed, and given by a person who can form rational judgement.
Case Law for Intent
R V COLLISTER
Actions or words spoken before, during or after the incident. Surrounding circumstances and the nature of the act itself.
R V MOHI
The offence is committed at the time of taking away,
so long as there is, at that moment, the necessary
intent
Case Law for Abduction (Young Person)
R V CHARTRAND
“Whether 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”
Case Law for Possession
R V COX
Two elements
1. Physical custody and control
2. Mental knowledge and intention to possess.
Case Law for age
R V FORREST AND FORREST
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
Case law for Knowing
AP SIMMESTER and WJ BROOKBANKS
Knowing means “knowing or correctly believing”. The Defendant may believe something wrongly, but cannot know something that is false.
Definition of Takes
Move from one place to another
Definition of detains
To hold in confinement or custody
Any person definition
Gender neutral, proven by JN / CE
Definition of consent
Conscious and voluntary agreement to do something desired or proposed by another
Definition of Fraud
Deceiving a victim by misrepresenting the facts.
Definition of Duress
agreement based on fear or refusal of the consequences
Crimes Act 1961 Section 209A
A young person under 16 cannot consent to being taken away or detained
