Case Law pg 3

Question 1

R v Pryce

Answer 1

Kidnapping (detains)

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 2

R v Mohi

Answer 2

Kidnapping/abduction Offence complete

The offence is committed at the time of taking away, so long as there is, at that moment, the necessary … that the Crown should show the intent was carried out.

Question 3

R v Chartrand

Answer 3

Abduction (young person)

“Whether the defendant may have had an innocent motive, or intended to interfere with the possession for a very short period of time is besides the point”.

Question 4

R v Cox

Answer 4

Possession

Possession involves two … elements. The first, often called the physical element, is actual or potential physical custody or control. The second, often described as the mental element … is a combination of knowledge and intention: knowledge in the sense of an awareness by accused that the substance is in his possession… and an intention to exercise possession.

Question 5

R v Misic

Answer 5

Document

Essentially a document is a thing which provides evidence or information or serves as a record.

Question 6

AP Simester and WJ Brookbanks

Answer 6

Guilty knowledge

Knowing means “knowing it correctly believing” The defendant may believe something wrongly, but cannot ‘know’ something that is false”.

Question 7

Hayes v R

Answer 7

Uses a document (attempts)

“An unsuccessful use of a document is as much use as a successful one. An unsuccessful use must not be equated conceptually with an attempted one. The concept of attempt relates to use not to the ultimate obtaining of a pecuniary advantage, which is not a necessary ingredient of the offence. Because the use does not have to be successful it may be difficult to draw a clear line between use and attempted use”

Question 8

R v Cara

Answer 8

Service

“Service is limited to financial or economic value, and excludes privileges or benefits”.

Question 9

Hayes v R

Answer 9

Pecuniary advantage

A pecuniary advantage is “anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage”.