Day 8: Abduction/Kidnapping Caselaw

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”

Question 3

R v Pryce

Answer 3

Detaining is an active concept. “Keep in confinement or custody:” Contrasted to the 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 committed at the time of taking away, so long as there is, at that moment, the necessary intent.

Question 6

R v Chartrand

Answer 6

Depriving might not be primary intent, however it’s sufficient if the actions are likely to result in depriving

Question 7

List all caselaw (Abduction/Kidnapping):

Answer 7

R v Wellard
R v Crossan
R v Pryce
R v Cox
R v Mohi
R v Chartrand