Case Law - Kidnapping and Abduction

Question 1

R v Wellard

Answer 1

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 2

R v Crossan

Answer 2

Taking away and detaining are separate and distinct offences. The first consists of taking the victim away; the second of detaining her. The first offence was complete when the prisoner took woman 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 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 Cox

Answer 4

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

Question 5

R v Mohi

Answer 5

The offence is complete once there has been a period of detention or taking away accompanied by the necessary intent, regardless of whether that intent was carried out.

Question 6

R v Waaka

Answer 6

Intent may be formed at any time during the taking away. If a taking away commences without the intent to have intercourse, but that intent is formed during the taking away, then that is sufficient for the purposes of the section

Question 7

R v M

Answer 7

The Crown must prove that the accused intended to take away or detain the complainant and that he or she knew that the complainant was not consenting

Question 8

R v Forrest and Forrest

Answer 8

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