case law-kidnapping/abduction

Question 1

R V Chartrand

Answer 1

“Unlawfully” means without lawful justification, authority or excuse.

Question 2

R V Wellard

Answer 2

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

Question 3

R V Crossan

Answer 3

Taking away and detaining are “ separate and distinct offences. The first involves taking the victim away; the second detaining them.

Question 4

R V Pryce

Answer 4

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

Question 5

R V Cox

Answer 5

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

Question 6

R v Mohi

Answer 6

The offence is committed at the time of the 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 7

R V Forrest and Forrest

Answer 7

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